Consensual?

Trigger Warning: Sexual Content

Voluntary Statement: 11/24/1997

Yes, I understand this is serious, but that’s not how it happened. Look. My roommate and I—we just heard about the party in the chem lab. We didn’t premeditate anything . . . We showed up around 10:00. Maybe 11:00. Look, I don’t know the exact time. But I was sober when I got there. I didn’t have any drugs or paraphernalia on me. I didn’t smoke marijuana in the dorms before we left. It wasn’t like that. 

Victim / Witness Statement: 11/24/1997

It had been a long week. I needed some fun to balance out all the studying. Most nights, I stay up late doing homework, and most mornings I roll out of bed just in time to go to class. A party on Friday night seemed like the perfect release—a chance to wear makeup and my new dress. I just wanted to have some fun. Kelly, my best friend, and I left the dorm around 9:00. We stopped at The Vous, a bar downtown, but I only had one drink. We didn’t get to the party until just after 11:00. 

Voluntary Statement: 11/24/1997

Talk to Kelly—I’ve known her since freshman year. Kelly will tell you what really happened. This thing with Vivian? 100% consensual. I can’t believe Viv would accuse me of something like that. 

I was seeing Katie Sullivan at the time. Viv knows Katie. Viv made it a point to remind me how Katie made sure Viv didn’t make the varsity cheerleading team in high school.

All I can say is that the second I came through the door at the party, Viv was all over me. I said something nice about her dress, really low cut, in the back and the front.

Victim / Witness Statement: 11/24/1997

Talk to Kelly—she’ll back me up. I didn’t know anybody else there. It was so loud! Nick yelled something about my dress, and started to dance with me—so close it made me uncomfortable. I actually had to put my hand on his chest to stop him from grabbing me. I mentioned Katie’s name to let him know I knew he wasn’t single. I was trying not to hurt his feelings. He and Kelly are close, I think.

Voluntary Statement: 11/24/1997

Kelly doesn’t remember anything? That's probably because she gets blackout drunk every weekend. Yes, I remember dancing with Viv at the party. During a slow dance, she was grinding herself into me, putting her hands on my chest. I told her I was still seeing Katie, but Viv said she didn’t care. Viv said the party was too crowded or whatever, and that her car was parked behind the fraternity house. Back by the kegs. She told me we’d have more privacy in her car.

Victim / Witness Statement: 11/24/1997

Kelly doesn’t remember anything? I guess that makes sense. Nick was getting us drinks all night, and Kelly can’t handle her alcohol like I can. I asked Kelly to leave with me, but she was trying to hook up with a frat boy. The music was so loud. Even the slow songs were at decibel level 100. I decided to leave, so I asked Nick to let Kelly know. He pretended he didn’t hear me and practically dragged me onto the dance floor. After one dance, I said goodbye, but the next thing I know he’s walking me to my car.

Voluntary Statement: 11/24/1997

Of course I walked Viv to her car. While we were walking, she fake-stumbled in her high heels. Her hand brushed my crotch, and she was in no hurry to pull it away, fumbling at my zipper. She told me that Katie was lucky to have a guy like me. I put my arm around her waist, and she leaned into me. She said she wanted to give me a ride. A ride, she said, and then she laughed. 

Victim / Witness Statement: 11/24/1997

I don’t know if it was the cold wind or the empty stomach, but I was feeling a little unsteady. Then Nick tripped me, not on purpose, but his shoe caught my heel, and I stumbled. I would have fallen flat on my face, but I grabbed at him until I could steady myself. I smiled and chuckled, but just because I felt silly for almost falling. I think it was then I mentioned Katie’s name again to, you know, let him know it wasn’t happening.

I did ask him if he needed a ride. Just to be nice. I hoped he’d say no. He said yes. 

Voluntary Statement: 11/24/1997

She said there was something in the backseat of her car she needed to get and then smiled at me. I took that as an open invitation.

I mean, she invited me into the backseat of her car. I opened the door. She crawled in, her dress hiking up all the way to her upper thigh. She told me she was cold, then she pretended to drop her keys. She fished around like she couldn’t find them, laughing the whole time.

I got in beside her, then she asked me to help her look for her keys. They weren’t lost. They were right next to her on the seat. She kissed me—said it was to thank me. So I kissed her back.

And yeah, I put my hands up her dress. It was around her waist anyway, and she wasn’t wearing panties. She actually said that to me: “Nick, I’m not wearing panties.”

Victim / Witness Statement: 11/24/1997

At this time it was close to 1:00 and freezing. I had a sweater in the backseat, but as I reached for it, I dropped my keys. I remember cursing and telling Nick that I had lost my keys. Before I knew it, he was in the backseat with me. He had found my keys in the seat and was smiling as he held them out. I think I laughed, until he kissed me—a deep throated kiss. I was so shocked that I froze. The next thing I knew, his hands were up my dress. I was so ashamed. I didn’t wear panties because I had none clean and now his hands were—there.

Voluntary Statement: 11/24/1997

She squirmed around in my lap like she couldn’t get enough—burying her face in my chest. Her dress just fell off her shoulders. She had on a strapless bra. I took it off, and she gave me a little smile. And yeah, I started sucking on her breasts. She seemed to love it, thrashing around, moaning, grabbing my shoulders. 

Victim / Witness Statement: 11/24/1997

I wanted to yell stop, but no words came out. I fought against him, but when I did, his fingers went deeper inside me. I grimaced and tried to move away, but he was too strong. I remember the strap on my dress tearing and exposing me even further. It was awful. I don’t remember him taking off my bra, but he had to because he had his mouth all over me. I groaned in pain, but that seemed to turn him on more. He wouldn’t stop. 

Voluntary Statement: 11/24/1997

When we were done, she drove me home.

We actually talked about Katie, and she promised not to tell her anything.

Viv was really quiet on the way home. She gave me her phone number. I can get the paper she wrote it on if you need it.

When she dropped me off, I almost wanted to apologize, but I wasn’t sure what for. 

She never said no.

Victim / Witness Statement: 11/24/1997

The whole thing in the car felt like an eternity, but it was probably only a few minutes.

When Nick was done his demeanor changed immediately, he stroked my hair and kissed me on my cheek.

I did give him a ride home. I just wanted it to be over. 

He asked me for my phone number, so I gave it to him. I don’t know why.

He said Katie could never know, but I know I never said yes.