My question is: If you believe that the men are innocent, what evidence would convince you that this is rape? Conversely, if you believe they are guilty, what would convince you that they are innocent? Again, it will be hard to prove beyond reasonable criminal doubt. But it is easier to prove civil damages with preponderance of evidence.
@klh I think it's important to make the distinction between "morally" wrong and "legally" wrong. No one is defending the young men's actions morally, they were irresponsible and heinous.
However legally, their actions that night did not meet the standard of what constitutes sexual assault/rape according to New York law as it stands now.
According to her sworn affidavit to the DA in 2024 and her own text messages,
she consented. That's the main thing. No one is refuting this including Jane Doe herself.
Yes she was two ****s to the wind drunk when she arrived to the party, however when one of the defendants, Matt Ingalls, asked her if she wanted a threesome and she agreed, she was conscious. She was a willing participant. There was no coercion.
In New York being intoxicated is not enough to support a claim of sexual assault. You must essentially be passed out/unconscious. Maybe the law in New York needs to be changed but that's how it stands now.
In 2025, she changed her tune and claimed she was gang raped. The argument in her defense from some people is that it took her several months for her 'trauma' to surface.
Even if that's true and she feels traumatized, again according to New York law as it stands now, the young men's actions did not constitute rape.
Maybe more will come out as the investigation continues and if these young men are indicted, during trial.
But this is what is in evidence now, there is no evidence that even suggests anything different.
And this is why folks who actually follow the law versus the moral aspect of it, are so outraged.
She has now filed a civil suit for damages/money. The standard is lower than in criminal court which beyond a reasonable douht. In civil it's a preponderance of the evidence. She may actually win that one.
Last I heard, one of the defendants Matt Ingalls has fled to Dubai where he cannot be extradited back to the US. Not sure if that's actually true but that's what's floating around now.
Sad and troubling case no matter how it's sliced and diced.