University of Oregon Sex: Explicit Consent and False Rape Accusations - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

University of Oregon Sex: Explicit Consent and False Rape Accusations

Eugene Defense lawyers in Oregon address university student conduct code


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The difference between “Get a condom” and “Yes, you can touch me here” (implied consent and explicit consent) could be a reason for student expulsion at University of Oregon and Oregon State University. On campus, a student may receive disciplinary action for not receiving unmistakable affirmative verbal consent for a sexual act, even if a student is falsely accused of rape, sexual assault or sexual misconduct.

At the University of Oregon, “’Explicit Consent’ for purposes of Sexual Misconduct in the Student Conduct Code means voluntary, non-coerced and clear communication indicating a willingness to engage in a particular act. “Explicit consent” includes an affirmative verbal response or voluntary acts unmistakable in their meaning.” The definition of “unmistakable can be difficult to ascertain as it is a matter of opinion.

Men may be kicked out of the University even if the sexual encounter could have been perceived reasonably by both sides to be consensual. Even if police determine their is no cause for criminal charges, the University may still take disciplinary action to enforce the student conduct code.

It is never too early to get advice from an attorney who has been through the University hearing process with clients. Call the number at the top, email to the left, or chat to the right.

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  • Representative Cases

    Sodomy I (Jessica’s Law) – 3 Measure 11 counts dismissed after innocence proved

    This was a Jessica’s Law case where, if convicted, Client was facing a mandatory minimum prison sentence of 25 to 75 years in prison. Client passed a polygraph in the case and his attorneys Mike Arnold and Lissa Casey conducted an investigation illustrating his actual innocence.

    Michael Arnold, stated, “Our client is thankful for his release and dismissal of these terrible false accusations against him. He was a wrongfully accused innocent man who had three months of his life stolen from him due to lies and an incomplete investigation. Arnold Law’s investigation showed a lack of motive and lack of opportunity to commit the acts alleged against him.The Government’s incomplete investigation turned what should have been an uncomfortable family matter involving a very troubled child into an unjustly incarcerated man and placed unthinkable stress on his family...”

    Sex Abuse Case dismissed

    Client charged with sexually abusing his employee. After an investigation showed that some of the complaining witnesses recanted their statements and motives for false accusations discovered, case dismissed before trial.

    Custody case motivates false Measure 11 accusations against father

    Client jailed with $1.68 million bail setting after being falsely accused of smothering his wife with a pillow and sexually assaulting two adoptive daughters, among other claims. The case eventually resolved with an Alford Plea to one count of coercion for allegedly forcing a remote control out of wife’s hands, which is expungeable at the end of probation, no additional jail time, and a dismissal of all remaining charges. After the dismissal, client was able to resume parenting time with his biological daughter and continue to be an active father.

    Attempted Sex Abuse I – Dismissed

    Client accused of having unwanted sexual contact with a woman while she slept in a hotel room. After thorough defense investigation of witnesses to incident were presented to the DA, all charges were dismissed before trial.

    CIVIL LITIGATION

    Sexual Harassment Defense – Hospital Administrator Stalking

    Mike Arnold defended the administrator of a hospital who pursued a relationship with a young woman who was apparently giving him mixed signals. Before contacting our firm he was convicted of a criminal stalking charge and lost a stalking order trial. She then sued him for $500,000 claiming sexual harassment, assault, and intentional infliction of emotional distress. In a Marion County jury trial after a brutal cross-examination of the plaintiff and picking apart their psychologist expert, we won a defense verdict.

    STALKING ORDERS

    Wrongful Use of Civil Proceedings – False Stalking Order to Gain Custody

    Received a $50,000 judgment through bankruptcy adversarial proceeding due to mother lying to get a stalking order.

    Stalking Order – Lying about Rape to Gain Custody

    We won a dismissal after trial. Court made findings of fact that stalking order was brought for an improper purpose.


    Testimonials

    Measure 11 Dismissal

    “I am not a resident of Oregon and was put in the awkward position of finding a competent attorney for my son who had just been charged with a very serious felony while attending a university here. My wife and I interviewed a number of the top attorneys throughout the state and also asked for advice from several attorney friends and a judge from our home state. None of the numerous attorneys we interviewed came close to the quality, knowledge and compassion of the Arnold Law Firm. They took care of my son and advised him in jail even before we had agreed to hire them. That really showed me the quality of this firm. I can not say enough good things about their firm. Everyone in the office is professional and personable.

    “My son was represented by Mike Arnold and Emilia Gardner. They are nothing short of incredible and almost like family. They left no stone unturned and worked relentlessly on his case. My son is now a free man and able to move forward with his life. Thank you all for everything you have done. You are the best!”