Video – Attorney Darryl Stallworth Explains The Difficulty With Evidence And Testimony In Title IX Sexual Misconduct Cases

Ray Hrdlicka – Host – Attorneys.Media

Well, just thinking about what you said, there is a great deal of difficulty to prove either way.  It sounds like…

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

It is a rabbit hole of layers of what the accused and the accuser… background and history.  What you find out about their levels of intimacy and their identity, their definition of rape, and their definition of sex, and the different levels of… you know, foreplay, what does that mean?

Can you defend yourself by the fact that the woman took her clothes off?  Is that, you know, enough to say that she was consenting?  But what it really boils down to, Ray, is that at any point, at any time, if you’re a man, no matter how far you’ve gotten into the process of getting ready to have intercourse, when there is a caution or a hesitation, or any sense that this is not something that the other person wants…that’s when you have to stop.

And if you don’t know that going into it, and if you haven’t been able to go to my workshops, or understand how vital that particular environment is, that’s when it becomes scary for the client, the family, anybody who’s got kids, anybody who’s got a son.  This is a nightmare, because you believe that this is something that’s happening every day.

1,000 people in campuses tonight are going to have sex while they’re drunk.  And there’s going to be probably 200 people feeling uncomfortable about it.  And another 100 that’s going to go and talk about it… and another 50 that’s going to say this was not what I wanted.

And here we go with either the criminal investigation or the Title IX investigation.  Or both.

Ray Hrdlicka – Host – Attorneys.Media

Those Numbers are staggering.

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

It…it’s in my humble opinion, it’s going to reach a level where, if we don’t do more work on the front end, we don’t have more orientations, if we don’t spend more time speaking to freshman soon as they hit the campus, we’re going to find ourselves trying to deal with it… by reacting to it, instead of preventing it.