When Is Rape Rape?

I did not attend law school. I am not a lawyer. I do read political issues related to t he topic of rape. I certainly go to the movies or watch TV about stories related to the act of rape. Lewis Meyer Mcleod, a student who came from Austraila in order to attend Duke University is rather upset. He is prepared to take the university to court over its refusal to allow him to graduate this year. Last November, Lewis took a girl to his frat house, they drank-no drugs–and both became somewhat drunk. Both agree she did break down in tears. She subsequently charged him with the act of rape. The Police Department of the city of Durham investigated the case and concluded there was insufficient evidence that would result in a rape conviction of Mr. Mcleod.

Duke University Office of Student Conduct launched its own investigation. Their conclusion was that “more likely than not” the sexual encounter was not jointly consensual. He was found guilty of rape and expelled. As I indicate, I am not a lawyer, but I always thought the judge made clear to the jury that if there was any doubt about guilt of the defendant they could not find him guilty. How can a college argue the concept of “more likely than not.” Sorry, it is not an OK legal conclusion. Perhaps, a moral OK, but not a legal OK.