The case of two former Ohio State football players charged with rape and
kidnapping has become a headline story. As Attorney Brad Koffel
discussed on the Joel Riley Podcast, the two Buckeye defensive backs were arrested on Wednesday, February
12, 2020 for felony rape and kidnapping stemming from an incident in a
Columbus apartment on February 4th.
According to criminal complaints filed in Franklin County Municipal Court,
the accuser claims the incident began with a consensual encounter between
her and one of the players. However, the complaints note, the accuser
did not consent to a subsequent encounter involving both players, which
occurred when she was allegedly restrained and forced to engage in sexual
acts against her will.
Both players have been dismissed from the team by Buckeyes Head Coach Ryan
Day, and have pleaded Not Guilty to the charges.
Video of Alleged Consent
The case is unique not only because it concerns two collegiate athletes
from one of the nation’s top football programs – but also
because it involves an accuser who confirms she consented to the sexual
encounter with one player, but not the second encounter involving both
players. On WTVN Radio, Attorney Brad Koffel told Joel Riley this is not
a typical scenario, and that it could pose potential problems in the players’
defense because its adds to the accuser’s credibility.
As discussed in an
ABC 6 article featuring Attorney Koffel’s take on the case, the issue is compounded
by something that’s become part of a larger trend – a video
depicting both accused players telling the alleged victim to state her
name and say the encounter was consensual. The tone of the video has also
been highlighted by authorities – both players were allegedly laughing
while the accuser was crying.
While such videos have become more common and have helped vindicate some
would-be suspects implicated in serious
sex crime cases,
videos of alleged consent are not evidence of consent. In this case, Columbus police officials say the video prompted them to
move forward with an investigation and ultimately criminal charges.
For a free legal consultation, call 614-884-1100
Drawing the Line: Consent & Communication
Most believe in the clarity of “No Means No,” but cases like
this show there can be confusion on where line is drawn when it comes
to consent. That’s due in part to defining the scope and duration
of “consent” – consent for this minute, according to
Columbus Sgt. David Pelphrey, can be different than consent for the next
10 minutes.
As a means to ensure clarity, advocates say
communication is key. That means checking with partners to ensure they’re enthusiastic
about what’s occurring, that they understand what’s happening,
and that they are agreeing to it. Having proof of communication can also
be important.
As Attorney Brad Koffel tells ABC6, he often tells clients to create a
paper trailer with persons they anticipate having a sexual encounter with:
“Young people are already sexting. They’re already sending
nudes to each other, how hard is it to send a text saying, ‘hey,
this is what I want to do’ and she or he says, ‘yep, I want
to do that too.’ It may be not a perfect consent or evidence of
consent, but it’s better than nothing.”
Still, Attorney Koffel adds, alcohol and intoxication – a very common
element in campus rape cases involving
high school and college students – can make consensual sex impossible in the eyes of the law:
“Young people who are going to consume alcohol and engage in sexual
activity need to be aware that consent can change in the heat of the moment,
or the next day, or the next week. There’s no such thing as a drunk
‘yes’, that if she’s intoxicated and the ‘yes’
or the consent is invalidated.”
Attorney Brad Koffel and our legal team at Koffel | Brininger | Nesbitt
(KBN) have extensive experience representing clients across Columbus and
the state of Ohio in sex crime cases – including those involving
young clients, campus sexual misconduct, and
Title IX proceedings. To speak with an attorney about a potential case,
contact our firm.
Call or text 614-884-1100 or complete a Free Case Evaluation form
