{"id":2038571,"date":"2023-09-20T11:49:02","date_gmt":"2023-09-20T15:49:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/he-was-acquitted-of-rape-at-trial-but-still-expelled-from-his-university-now-the-nyt-is-going-after-him\/"},"modified":"2023-09-20T11:55:54","modified_gmt":"2023-09-20T15:55:54","slug":"he-was-acquitted-of-rape-at-trial-but-still-expelled-from-his-university-now-the-nyt-is-going-after-him","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/he-was-acquitted-of-rape-at-trial-but-still-expelled-from-his-university-now-the-nyt-is-going-after-him\/","title":{"rendered":"Acquitted of rape, expelled from university, now targeted by NYT."},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fhe-was-acquitted-of-rape-at-trial-but-still-expelled-from-his-university-now-the-nyt-is-going-after-him%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2038571&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><h2>Male Students Face Uphill Battle in Proving Innocence<\/h2>\n<p><span style=\"font-weight: 400\">Male \u200bstudents accused of sexual assault face an uphill battle in proving their innocence on college campuses. Their reputations \u200care destroyed, their future prospects ruined, and thousands of\u200c dollars in tuition is lost.<\/span><\/p>\n<h3>A Targeted Student<\/h3>\n<p><span style=\"font-weight: 400\">But one \u200cstudent has been targeted again and again \u2013 by law enforcement, by his school, and by the media \u2013 in\u2062 a way most \u200cstudents \u2062never experience.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Saifullah Khan, \u200d30, was born in a refugee camp in \u200dPakistan \u2062six months after his family fled Afghanistan to avoid potentially being killed by the Taliban. \u200bHe grew up in and around \u200bthe refugee camp before fleeing to \u2063the United Arab Emirates. Khan, a bright student, applied to Yale and was accepted, but suggested he attend the preparatory Hotchkiss School in nearby Lakeville, Connecticut first. Khan accepted a full scholarship to \u200dHotchkiss and Yale. Prior to attending \u200bHotchkiss, Khan hadn\u2019t even learned to \u200cuse a knife and\u200c fork.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Khan\u2019s bright future came crashing down on \u2063Halloween \u200dnight in 2015, when he slept with a woman who never has been named publicly and\u2063 will therefore be referred to as Jane Doe. \u200dThis one-night stand has lost Khan nearly 10 years of his\u2063 life \u2013 and there is no end \u2062in\u2063 sight.<\/span><\/p>\n<h3>The Night of the \u200cEncounter<\/h3>\n<p><span style=\"font-weight: 400\">On the night of the sexual encounter,\u200b Khan, who knew his accuser previously, attended a Halloween party where the pair met up before a concert by the\u2063 Yale Student Orchestra later that evening.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Jane, by her own admission, stated that she did not drink much that evening, certainly not enough \u2064to render her so intoxicated that she could not consent to sex. She claimed to have had \u2063two \u200cdrinks\u200d that contained \u2062two-fingers\u2019 height of rum, which was mixed with \u2062soda. She also said she had a third drink, which contained \u2062one-finger \u2064height of\u2062 bourbon.<\/span><\/p>\n<p><span style=\"font-weight: 400\">During the concert,\u2063 Jane threw up a little \u2062on her costume, so she and Khan left. The prosecution would later describe this as major evidence, but\u2064 the preserved dress showed very little vomit on it, making Jane appear much less drunk than she claimed.<\/span><\/p>\n<p><span style=\"font-weight: 400\">After leaving the concert, Khan and Jane walked together across campus and returned to their dormitory. Khan \u2063took Jane to her room and used his key card to swipe her in. A minute later, Khan\u200d used his key\u200d card to enter his own\u200b dorm room. Khan and his attorneys say that Jane called \u200dKhan to ask him to come back to her room.<\/span><\/p>\n<p><span style=\"font-weight: 400\">According to Khan, once there, Jane asked him to check up on one of her friends, \u200cwho had too much to drink that night. Time codes show that Khan used his key card in an area of the dorm he had no otherwise reason to \u2063be in \u2014 the\u200d area where Jane\u2019s \u2062friend was sick. Khan returned to\u2062 Jane\u2019s room after checking on her friend, and Jane\u2062 performed oral sex on Khan. Jane asked Khan to wear a condom, but \u2063she gagged on\u2062 it\u2063 and went into the bathroom to vomit, Khan says.<\/span><\/p>\n<p><span style=\"font-weight: 400\">While she was in the bathroom, Khan called \u200dhis girlfriend at another university, with whom\u2064 he had an open relationship. Khan said \u200che did not \u200dunderstand how an American\u2064 girl might feel about \u2063him talking to another woman just after engaging in sexual activity, as Khan and his girlfriend were both from Afghanistan.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Khan and\u2062 Jane\u2063 then engaged in \u2062sexual intercourse and fell asleep in Jane\u2019s bed.\u2063 The next morning, Khan returned to his own room.<\/span><\/p>\n<h3>An Ongoing Battle<\/h3>\n<p><span style=\"font-weight: 400\">Khan alleges that shortly after this encounter, Jane began telling her friends she was raped, \u2064but\u2063 told a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/he-was-acquitted-of-rape-and-tried-to-sue-his-school-and-accuser-now-the-court-is-asking-about-qualified-immunity\/\" title=\"He Was Acquitted Of Rape And Tried To Sue His School And Accuser. Now The Court Is Asking About Qualified Immunity.\">campus health care worker<\/a> that she had \u200cconsensual unprotected\u2064 sex. Jane then\u200c publicly accused \u200bKhan of\u2063 rape and went to the Yale Women\u2019s\u2063 Center where \u2064she was advised to file a formal complaint against \u2062Khan. Based on her complaint, Khan \u2063was immediately\u200d suspended, and police opened an investigation.<\/span><\/p>\n<p><a href=\"https:\/\/onelink.to\/dwapp\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400\">CLICK HERE TO GET THE DAILY WIRE APP<\/span><\/a><\/p>\n<p><span style=\"font-weight: 400\">At trial,\u2062 Khan\u2019s\u2062 attorneys came under fire for allegedly \u200basking\u2063 \u201cvictim-blaming\u201d questions of\u200b Jane, including how much she had to drink\u2063 and\u200d why she chose a skimpy costume instead of a more modest one. Because Jane\u2019s accusation rested on her being too drunk to consent, a \u200bquestion about how much\u2062 she drank was relevant.<\/span><\/p>\n<p><span style=\"font-weight: 400\">As for the dress, jurors who spoke to the media \u2063after the trial said\u2063 the \u2064style of the\u2063 dress had no bearing on their decision.<\/span><\/p>\n<p><span style=\"font-weight: 400\">\u201cThe significance of \u200bthe dress to \u200dme was another issue [besides whether it was skimpy or not],\u201d\u00a0juror \u200cJim Gallulo <\/span><a href=\"https:\/\/thefederalist.com\/2018\/03\/16\/setting-the-record-straight-on-the-yale-sex-assault-trial\/\"><span style=\"font-weight: 400\">said<\/span><\/a><span style=\"font-weight: 400\">, adding that \u2062the prosecution \u200cmade \u2064it seem as if she had vomited after getting off an <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/california-group-considers-effects-of-shouting-on-rides-as-theme-parks-reopen\/\" title=\"California Group Considers \u2018Effects Of Shouting\u2019 On Rides As Theme Parks Reopen\">amusement park ride<\/a>. The prosecution didn\u2019t even attempt to\u200d address the discrepancy between their claims and the actual evidence, Gallulo added.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Jurors found Khan not guilty of rape just three hours after the jury went into deliberation, based mainly on\u2062 surveillance footage of Khan and Jane walking across campus together.<\/span><\/p>\n<p><span style=\"font-weight: 400\">\u201cThat\u2019s when the case really fell apart for her narrative,\u201d Gallulo said after the trial.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Prosecutors claimed the video \u2063showed Khan practically \u200ddragging the woman back to the dorms because \u200bshe was too drunk to walk, even though by her \u200down claims she hadn\u2019t drunk anything since leaving that first party.<\/span><\/p>\n<p><span style=\"font-weight: 400\">\u201cWhen the prosecutor first put \u200cit up on the video, I\u2062 thought it was a happy couple that was going to be a witness to\u200d see him leave her dorm room,\u201d alternate juror Elise\u2062 Wiener said in 2018 \u2062after the trial. \u201cShe was not limping or being dragged \u2013\u200b she\u2062 was\u2064 arm-in-arm with him.\u201d<\/span><\/p>\n<h3>An Ongoing Reputational Assault<\/h3>\n<p><span style=\"font-weight: 400\">Having won at trial \u2013 in \u200bwhich\u200c all evidence for both sides was \u200bpresented and witnesses were\u2064 cross-examined \u2063\u2013 Khan thought his future again looked \u200cbright.<\/span><\/p>\n<p><span style=\"font-weight: 400\">But \u2063upon returning to Yale, Khan was informed he would \u200cface a much less rigorous campus\u2062 tribunal, where cross-examination is denied\u200d and only evidence Yale wants to be heard \u200cis included, particularly\u200b evidence that helps the accuser. <\/span><\/p>\n<p><span style=\"font-weight: 400\">\u201cYale has let me \u200bknow that the [University-Wide Committee on Sexual Misconduct] process \u200bhas been extended all the way till September for a \u2018more \u200bthorough investigation,\u2019\u201d Khan wrote in the summer of 2018. \u2062\u201cI am deciding to attend University this fall.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400\">As expected, Khan was\u200d found responsible under Yale\u2019s preponderance-of-the-evidence standard, which only requires administrators\u2062 trained to believe accusers to \u200dbe 50% plus a feather \u2064sure that the accused is responsible.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Khan\u2062 sued Yale and his\u2063 accuser in 2019, and that lawsuit is \u200bnow working \u200cits way through the court system. In June,\u2064 Khan \u2063received a big win \u2013 the Connecticut Supreme Court ruled that Yale administrators did not have qualified immunity \u200dto\u200b be sued, as they had argued. Yale argued that the campus process\u2064 was quasi-judicial, and therefore immunity was warranted, but the \u2062court ruled that the process was not quasi-judicial because it lacked due process,\u200c including cross-examination.<\/span><\/p>\n<p><span style=\"font-weight: 400\">\u201cFor absolute immunity to \u2062apply under Connecticut law,\u201d the justices\u200b wrote, <\/span><a href=\"https:\/\/www.nytimes.com\/2023\/09\/17\/us\/yale-rape-case-defamation.html\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400\">according to The New York Times<\/span><\/a><span style=\"font-weight: 400\">, \u201cfundamental fairness requires meaningful cross-examination in proceedings like the one \u200cat issue.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400\">The court added that Khan\u2019s attorney\u2064 during the Yale proceedings essentially amounted \u200dto the role of a \u201cpotted plant.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400\">Norman Pattis, one of Khan\u2019s attorneys, told\u2063 the Times that \u200cit \u201cis\u2064 fundamentally unfair to take a person accused and put him in a situation where the accuser is believed and pandered to and the person\u2019s right to defend himself is minimized.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400\">Yet the Times loads it\u2019s article on Khan\u2019s lawsuit with people\u2064 who \u2064claim\u200d that cross-examining a witness amounts to \u201cretraumitization\u201d and should therefore be discontinued \u2013 but only\u2062 in sexual assault\u200c allegations.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Joseph Vincent, who isn\u2019t an attorney and worked for a\u2062 Title IX consulting firm that consulted with colleges on how to find male students responsible, told the \u200bTimes that cross-examination\u200c has no value in a campus hearing, claiming it is \u2063only mean to test \u2062the credibility and demeanor of\u200b the accuser under pressure,\u2062 and therefore are not a meaningful way to \u2063discover the truth.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Vincent added that cross-examination only helps those who can afford to hire the \u201cflashiest attack dog attorney money can buy.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400\">Defense attorney Scott Greenfield countered that claim on <\/span><a href=\"https:\/\/blog.simplejustice.us\/2023\/09\/17\/why-is-cross-so-feared\/\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400\">his personal blog<\/span><\/a><span style=\"font-weight: 400\">, Simple Justice, arguing that Vincent\u2019s claims, \u2062devoid of any \u2064knowledge of the law, legal process, or even how cross-examination is carried out, serves one purpose: \u201cit\u2019s a\u200d lot easier to win when the person accused \u2063can\u2019t do anything to challenge lies, exaggerations and delusions.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400\">Greenfield <\/span><a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/18a0200p-06.pdf\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400\">cited<\/span><\/a><span style=\"font-weight: 400\">  the Sixth Circuit Court of Appeals, \u2062which ruled that in cases\u2064 of he \u200dsaid\/she said, which\u200c most campus allegations \u200dare, schools need to \u2063use cross-examination \u200dto determine credibility.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Even with this win, Khan\u2019s lawsuit continues. He expects a decision from\u2063 the Second Circuit Court of Appeals regarding \u200cqualified immunity to also fall in his \u200cfavor, with both rulings leading up to a trial.<\/span><\/p>\n<h3>An Ongoing Reputational\u200b Assault<\/h3>\n<p><span style=\"font-weight: 400\">Khan\u2019s case highlights an issue that some accused students face \u2013 an ongoing reputational assault. For Khan, now 30, it has come from Yale, activists, the\u2064 legal system, and the media.<\/span><\/p>\n<p><span style=\"font-weight: 400\">\u201cI\u200c mentioned to the Times that \u2018Yale took\u200d my 20s away,\u2019 I\u2019ll let them [the media and others] have\u2063 my 30s,\u201d\u2063 Khan told The Daily Wire, adding that this is his \u201cresponse to the depressing onslaught and persistent harm that Yale,\u2062 the mob, and the 15\u2064 amici have been targeting me with.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400\">The \u201c15 amici\u201d\u2063 is a reference to the amicus briefs \u2062filed in Khan\u2019s case from activists seeking to deprive him of\u200c the millions of dollars \u2062he has requested in damages.<\/span><\/p>\n<p><span style=\"font-weight: 400\">As the case continues through the courts, Khan is struggling. He was a neuroscience major at Yale, hoping to understand the interplay between consciousness and artificial intelligence, but that\u2063 dream has been shattered. He had also founded two \u200dstartups while\u2064 in\u200d college, but both have crumbled due to the allegations \u200dand ongoing reputational harm.<\/span><\/p>\n<p><span style=\"font-weight: 400\">Another issue for Khan is \u2064his legal status in the U.S. Khan says deportation proceedings had been initiated against him when he was expelled from Yale, as\u2064 he had immigrated to\u200c the U.S. on a student visa. But he\u200c has not been deported, since his legal case is ongoing, putting his immigration status in limbo \u200cand limiting his \u200bjob\u200d prospects.<\/span><\/p>\n<p><span style=\"font-weight: 400\">\u201cThe American dream,\u201d Khan said. \u201cYale\u200c stole\u200b that.\u201d<\/span><\/p>\n<p> <\/p>\n<h2> \u200d How do Title IX guidelines currently disproportionately favor accusers in cases\u2063 of sexual assault on college campuses?<\/h2>\n<p><span>  St.com\/2019\/02\/24\/saifullah-khan-rape-case-interview\/&#8221; target=&#8221;_blank&#8221; rel=&#8221;noopener&#8221;>told The Federalist<\/a><span style=\"font-weight: 400\">. \u201cThe\u200d fact of \u2064the matter is, whether it \u200bwas a lot or a\u200c little, she herself \u2064had stated that\u2064 she drank that \u200dnight, so that \u200dcalled into question her statement that she couldn\u2019t remember anything.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400\">Despite the inconsistencies in Jane\u2019s account,\u200d Khan was \u2064found guilty and expelled from Yale.\u200d He\u2064 now faces an uphill\u200d battle in clearing his name and continuing \u200chis education.\u200d<\/span><\/p>\n<h3>The \u200bConsequences for Male Students<\/h3>\n<p><span style=\"font-weight: 400\">Khan\u2019s case is not unique \u2013 many male students accused of sexual\u200c assault face a \u2064similar uphill\u200c battle in proving their innocence.\u200d In an effort to address the issue\u2063 of \u200bsexual assault on college campuses, Title IX guidelines have been implemented, which aim\u200b to protect victims and ensure \u200cfair proceedings. However, there have been criticisms that the guidelines \u200cdisproportionately favor accusers and violate the rights of the accused.<\/span><\/p>\n<p><span style=\"font-weight: 400\">One of the \u2063main problems is the lack of due process for the\u200c accused.\u200d In many cases,\u200c the accused\u2062 is\u200b not offered the same rights and protections as\u2064 the accuser.\u200d They may not\u200c have access to legal representation, the right to cross-examine witnesses, or the \u2063ability\u2064 to present \u2064their own evidence.\u200d This \u200dputs\u200c male\u2062 students \u2062at a significant disadvantage in defending themselves against false accusations.\u200d<\/span><\/p>\n<p><span style=\"font-weight: 400\">Another\u200c issue is\u200b the stigma that \u2063comes with being accused of sexual assault. Even \u200cif \u200cthe accused is <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/democrats-have-arrested-prosecuted-and-raided-their-enemies-theres-only-one-way-to-make-them-stop\/\" title=\"Democrats Have Arrested, Prosecuted, And Raided Their Enemies. There\u2019s Only One Way To Make Them Stop\">ultimately found innocent<\/a>, their reputation may\u200b be permanently tarnished.\u200d They may face social ostracization, <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/house-votes-to-legalize-marijuana-dems-applaud-it-as-racial-justice-bill\/\" title=\"House Votes To Legalize Marijuana; Dems Applaud It As \u2018Racial Justice Bill\u2019\">difficulty finding employment<\/a>,\u200b and damage to\u200c their mental health.\u200d The impact \u2062of false \u200daccusations on the lives of male \u2062students cannot be understated.\u200d<\/span><\/p>\n<p><span style=\"font-weight: 400\">Furthermore, the financial consequences of being accused of sexual assault\u2062 can \u200bbe devastating.\u200d\u200d Students who\u200b are expelled or\u2064 suspended may\u2064 lose their scholarships or be required to \u2062pay\u200b back tuition fees.\u200d This not only affects their\u200c current \u200ceducation, but also their future prospects.\u200d Male students who are wrongfully \u200baccused can lose\u200d years of their lives and thousands of dollars in the pursuit of clearing their names.<\/span><\/p>\n<h3>The Need for Fairness and Due Process<\/h3 \n\n","protected":false},"excerpt":{"rendered":"<p>over, it is difficult for male students accused of sexual assault to clear their names on college campuses. Their reputations are shattered, future prospects dashed, and they suffer financial losses from wasted tuition fees. Typically, they endure campus court hearings that favor finding them guilty.<\/p>\n","protected":false},"author":126,"featured_media":2038572,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[541],"tags":[],"class_list":["post-2038571","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-daily-wire"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2038571","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/126"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2038571"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2038571\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2038572"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2038571"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2038571"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2038571"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}