CAMPUS RAPE, RECIPE FOR DISASTER: FORMER, SAN FRANSISCO 49ers, QUARTERBACK--KNOWN ON CAMPUS, AS TOUCH DOWN TONY, MEETS UTAH STATE UNIVERSITY FRESHMAN, ME & WHAT THIS HAS TO DO WITH PRESIDENT OF U OF MONTANA'S REFUSAL TO TURN OVER RECORDS TO AUTHOR OF BOOK, MISSOULA, ON THE NOTORIOUS RAPE CASE--QB, JOHNSON, WAS ACQUITTED OF RAPE CHARGES, MARCH 2012, AND AUTHOR OF THE BOOK, LACKS STANDING TO FORCE DISCLOSER OF RECORDS, UNDER THE FAMILY EDUCATIONS RIGHTS & EDUCATION ACT--STANDING IS INJURY; AUTHOR IS NOT A STUDENT INVOLVED, NOT A PARTY, NOT AN ATTORNEY IN THE CASE, AND NEITHER IS THE PUBLIC, AND YOU DON'T HAVE A RIGHT TO KNOW--DUE PROCESS WAS MET, STANDARDS OF REVIEW WERE FOLLOWED, AND THE TRIAL PROCEEDED--JOHNSON WAS FOUND INNOCENT, UNDER THE STANDARD OF "BEYOND A REASONABLE DOUBT", OTHER STANDARDS FOR THE PRESIDENT AND UNIVERSITY OF APPEALS COMMISSION WERE LOWER STANDARDS, HAVING TO DO WITH HONOR CODES, NOT COURTS OF LAW! HANG TOUGH PREZ., GREAT PRESIDENTIAL LECTURE SERIES, MONTHLY, FRIDAY, FEB. 20, 2015, AUISHAI MARGALIT, "THE ARAB SPRING & THE ISRAELI SPRING." 8:00 P.M., UC BALLROOM . . . SEE YA THERE! THUNDER WITH A SMILE--GLOBETROTTERS, BRING ANTI-BULLYING MESSAGE TO BONNER ELEMENTARY--A, B, C, ACTION, BRAVERY & COMPASSION, IN THE 155 COUNTRIES THE GLOBETROTTERS TRAVEL TO, THE #1 LANGUAGE EVERYONE SPEAKS IS A SMILE . . . HAPPINESS IS A POWER & A BULLY WANTS TO TAKE IT AWAY! PRESIDENT OBAMA ABIDES BY FEDERAL COURT JUDGE'S RULING THAT HE OVERSTEPPED HIS BOUNDS, BY GRANTING 5 MILLION IMMIGRANTS, WORK PERMITS FOR THREE YEARS, AND PROTECTION FROM DEPORTATION IF THEY HAVE BEEN IN THE COUNTRY FOR 5 YEARS, MANY THE PARENTS OF DREAMER KIDS, BORN IN THIS COUNTRY--WE ALLOW PRESIDENT'S EXECUTIVE DIRECTIVES IN STATES OF EMERGENCY, STORMS LIKE KATRINA AND SANDY, DUE TO THE LACK OF ACTION ON THE PART OF CONGRESS, IMMIGRATION REFORM, HAS HIT A POINT OF EMERGENCY, BOTH FROM A COMMON SENSE APPROACH AND FUNDING FOR HOMELAND SECURITY, WHO'S BUDGET COULD AND SHOULD BE CUT, FEBRUARY 27, 2015, IF THE EXECUTIVE ORDER GOES THROUGH--LIKELY THE U.S. SUPREME COURT WILL DECIDED; THIS FEDERAL JUDGE IS REPUBLICAN APPOINTED, HARD LINER ON BORDER CONTROL, AND SHOULD BE UNBIASED AND ONLY RETAINED WHILE IN GOOD BEHAVIOR, ARTICLE III, POLITICS ARE NOT TO BE IN THE COURT ROOM, THE LAW IS! MISSOULA MAN SHOT BY DEPUTIES DENIES CHARGES--JUST A POINT I WANT TO MAKE, TO THE LOCAL PROSECUTOR, WHO STATES, THAT NOW THAT THERE MIGHT BE A CIVIL RIGHTS SUIT AGAINST THE OFFICER, HE IS WITHHOLDING REPORTS, AND EVIDENCE, UNTIL THE CRIMINAL CASE IS RESOLVED--OH, HELL NO . . . IF YOU WANT A MISTRIAL, OR INCOMPETENT COUNSEL, DO THAT, TO ADD YOUR OWN NAME TO THE LIST OF DEFENDANTS! PROSECUTORS, ARE BY STANDARDS OF ETHICS, PROFESSIONAL RESPONSIBLITY AND LAW, REQUIRED TO TURN OVER ALL EXCULPATORY EVIDENCE, EVEN IF IT HELPS THE DEFENDANT'S CASE IN THE CIVIL TRIAL--YOU ARE COMPARING APPLES AND ORANGES, TWO ENTIRELY SEPARATE LEGAL SYSTEMS, WITH DIFFERENT STANDARDS AND GOALS! PLAY BY THE RULES BOYZ, YOUR JOB IS NOT TO PROTECT POLICE OFFICERS FROM CIVIL LIABILITIES! YOU ARE NOT THEIR HIRED GUN! YOU ARE THE GATEKEEPERS OF JUSTICE, AND THAT IS YOUR CONCERN, TURN IT OVER OR BURN!

Touch Down Tony, Me AND Campus Sex--Didn't

NOTE:  NSA FUCKING WITH ME . . . SPELL CHECK OFF, ADDING THE WORD AMP, AFTER ALL "&", AND TAKING OUT ALL PARAGRAPH BREAKS!  CUT THEIR DAMN BUDGETS, THEY JUST WANT TO TAKE CREDIT FOR MY LIFE STORIES, SHELLEY ATTENDED COLLEGE AT USU, I ONLY DID FOR ONE QUARTER!  WE ARE NOT THE SAME, I AM SITTING HERE AT THE LAW SCHOOL, IN MISSOULA!  CAN YOU BELIEVE THESE FUCKERS . . . THIS IS STUFF THAT CAN HELP EVERYONE!  AND THEY JUST WANT TO FIX IT AND CHANGE IT TO COVER THEIR LYING ASSES . . . I AM ME, YOU ARE YOU, WE ARE NOT THE SAME . . . SHELLEY GOT THE SHIT BEAT OUT OF HER BY A BLACK FOOTBALL PLAYER FROM USU . . . THAT IS HER STORY!  She never attended BYU, either as a freshman, or as a law student . . . I am right here, William J. Jameson, Law School, U of M Campus, trying to help protect the University and Students!

In all the cry for change on university campuses, truly rape capitals of the world, not just the University of Montana, no different, than any other campus, just had a high profile quarterback accused, and one of standing and station to make a difference and promote a cause . . . no sexual assaults and rapes on campus, and a worthy one at that . . . but, girlz, women, students, you, as well as guys, need to take personal responsibility with your sexuality, protection of your virtue, and stand your ground, to use a legal self- defense term, that you may want to store in the back of your mind if you ever get in a situation, that is beyond your control.  These types of rapes, differ somewhat from your typical, guy jumps out of the bushes, and holds a knife to your throat, and then sexually assaults you, and you are better to just go along with the power trip, than end up dead, defending your virtue, seriously, it is their problem, not yours!

This particular case bothered me as an attorney, a feminist one at that, and one who has written award winning manuals for cops and prosecutors on both domestic violence and sexual assault, due to the fact, that both parties had been drinking, doesn't excuse anything, but college drinking is out of control, and resistance if down, for both parties, and males and females, see things differently and are anatomically different, one has a projectile sticking out, and the other is a receptor of that projectile, that is oh, so easy to co-mingle, too easy for some people's likings.  So given that fact, both parties, being 100% in charge of their own sexuality, need to have their wits about them, fully capable and able to say, no means no, and yes, means, yes, and if nature is to take its course, and nobody takes control, guess what happens, SEX!  The body is generally saying YES, even if the mind and soul is saying no.  You have heard of Sigmund Freud's three parts of the soul or mind, the ego, the super ego, and the id . . . they can send conflicting messages, be a war with each other, and can deceive the very unwilling, but in a position of vulnerability!

From the facts as I recall them, both students had been drinking, they went to her apartment, both had their clothes off, or they were partially undressed, they started to make out, and one thing led to another, and sex was, as predicted, accomplished.  Is this non-concentual sex?  After the incident occurred, the female texted her friend or roommate, and this, for me as a former defense attorney, was the clincher--the alleged victim, said, "I think I have been raped?", and as a former trainer of the prosecutors and cops in the state of Utah, as an assistant attorney general, being far and unbiased, not favoring either male or females in rape cases, or domestic violence, but being true to the nature of justice, giving full ear, thought and allegiance to the facts of the case, the mind sets, because to be guilty of a crime, you have to have intent to commit, or the mens reas or mind to commit that crime, followed by the actus reas or the act to further that intent!  The prosecution representing the people or the state, has the burden of proof, since they are also the ones, who stand at the gates of justice and can either decline prosecution, which I would have done, based on the fact that if the victim, herself, was unsure, and said, I think I have been raped--does that reach the standard of proof beyond a reasonable doubt?  NO!

Let me show you a very similar situation, that I got myself into, and the way I handled it, and you can keep this in the back of your mind, when you are in a similar one, which is easy to do in college, and it happened to me on several occasions. 

Touch Down Tony Meets USU Freshman Coed!

I love to kiss, love to make out, and did so, with up to and including three guys a day, down at BYU, the Mormon Church university . . . but hating to be treated like a baby, and now a big time colleges student, I transferred up to Utah State University, also knows as a rape capital, with all the trees, places to hide, and reminds, me very much of the University of Montana campus, so much!  But, when I first got up to Utah State, I had several guy friends, who watched out for me, and warned me about different aspects of campus and dating life up there.  I actually think, that I was given this advice, the day this happened with the, then, quarterback of the 49ers, and the former, star quarterback for the Aggies football team.  A big shot around campus, coming to hang out where his fame got him many things, and women were one of those . . . he just didn't know me! 


So, these friends, warned me about Touch Down Tony . . . and they didn't need to explain what they were talking about!  I got it!  Beware of big guys, looking like professional, rich football players!

I was one hot little number, back in the day, but, never in my wildest dreams, did I think out of all the other hot bodies on the Utah State University, would he pick me, out of a thousand or so girls/women, that would attend a stomp or dance, that was being held outside on the Quad that very night.  But, this guy approaches me out of group of football player looking guys, and approaches me and asks me to dance.  Okay, so I am adding two and two together, and I hear someone wish Tony luck, my reputation for shutting down football players advances, and proceeded me, and game on.  He was, it appeared, determined to keep his undefeated record going, and I was determined to protect my ever challenged virginity going, but game on, I have never been impressed with money, power, or fame!  So bring it on baby, see what you can do with this chick!

HE TAKES ME TO HIS OFF SEASON CONDO, BACK OF MOTORCYCLE

A little less talk, a lot more action, is not my mantra, nor something I heed much, like the t-shirt the other day, Talk Less, Fuck More . . . most men say 2,000 words a day, women 7,000 on average, and me, about 14,000 plus what I write in my blog, which seems to take the edge off the verbal numbers, or it did with James Kennedy, a similar type to Tony, with the same goals in mind!  So, we are sitting on his couch, lights on, neither one of us, to my knowledge had been drinking, me because I don't and didn't drink, and him, because he hit on me the first song of the dance, so is was early evening, and he probably was warned, this one is going to be a challenge, and she has turned all of us down, not only for a date, but for anything, even her phone number, and I won't give it to a huge group, that approached me the first day of school.  So, this was going to be interesting.

We talked about current affairs, football, because my boyfriend, was playing for the University of Utah, and I knew shop talk, which interested him, for a while.  Finally, he said, any other girl would be all over me, why aren't YOU!  I jokingly said, what do you want me to do, rape you?  Probably not the wisest thing to say, while I was on his turf, in his condo, and he was obviously thinking about things other than football, but I was fully clothed, as was he, but he got up and threw me over his shoulders, much thinner then, and took me into his bedroom, no roommates.  Well, this is flattering, coming from a famous football player, but, whatever, I decided, risky as it was, I would make out with him and that was IT!  Do, you seriously, think for one second, the two players in the is game, had even remotely close ideas of how this night was going to end?  Absolutely not!  And neither do you right now, reader . . . it could have gone either way, at this point.

STAND UP, GET YOUR PANTS ON, GET YOUR KEYS & TAKE ME HOME!  NOW!

Okay, you may be impressed, or in lust with the college quarterback, but I was with not only a local football hero, but a high paid, quarterback, with a shit load of money, tons of fans, a reputation to live up to, and guys waiting in the wings to see how this night fiasco, or train wreck, battle of the sexes, with different sexual goals, was going to turn out.  I was playing with the big boy, and in a stupid situation, but one I was sure I could control . . . that may not always be the case, I think, while a freshwoman, I was no wilting flower, no wall flower, and not really impressed by him.  But, I guess I was a bit, flattered and was ready, willing and able to make out with a famous football star, just out of bragging or a lipstick slash on my mirror of guys that I had conquered, so bring it on.

I am a great kisser, practice makes perfect, and the three guys a day at BYU paid off. This quarterback was like putty in my lips and arms, but the making out, only lasted for a few minutes, and he stood up and had other plans for the night, on his bed, alone in his condo.  He didn't say much, other than I need to get more comfortable, me thinking he might be switching into shorts or something more comfortable.  And to my complete surprise, and lack of understanding, where he got his cues from, after going from talking a few minutes ago, to just barely kissing a bit, and in the silohette of the hall light, in his dark bedroom, always leave the lights off, he was standing taking off his pants, right by the bed, ready to pouch on me, half his size--now, I might give him more of a challenge!  I didn't waste any time seeing where this little episode was going, and yelled . . . Put your pants, back on, get your keys, and take me home, NOW!  He was so shocked by the power and determination in my voice, that he almost stumbled on the floor, trying to get his pants on as fast as he could!

I didn't wait on the bed, removing the potential that he might change his mind, game over, you asshole!  And I was about that pissed off that he would think for one second, that because I kissed him on his bed that meant that I was going to bed with him, I was furious at him leaping to any conclusions like that.  Now, I was lucky, and probably could have easily been raped, in a heart beat, and who in the hell do you think would be defended, protected, and coddled . . . sure as hell, not me!  Often, we are the masters of our own fate, we have to take all precautions--like, knowing his reputation, seeing the other guys egging him on, and him taking me immediately out any of my comfort zones, to his territory and control, with nobody around to hear a screaming girl, the condo was on River Road, third floor!  To this day, that road is not that traveled and that is where I broke my leg in 5 places, and was so lucky a driver had just gone by, and a biker stopped to give me aid, or I might have had a different outcome on that one too! 


But, that was a perfect place for a rape to happen, and he was the perfect one to do it . . . my good reputation, virginity, and lack of alcohol, probably would have helped, back in the spring of 1974, but it would still have been a HE said, she said . . . I was a nobody and he was a star!  We are still struggling with star status and sexual assault, domestic violence and rape!  So what would it have been back then?

Cops can't be everywhere, friends handy, roommates home, so, guess what, you can only trust the hands at the end of your own arms, and you better be smart about who, where, why, and for what you are going somewhere alone with a guy.  Because, until the world changes, guys are conditioned and encouraged to go for the goal, the touch down, right or wrong, that is reality . . . now as times change and they are making them more and more responsible, like the U of M case, which I am glad, just for the public policy and discussion that came come from it, even from the book, with colleges across the world dealing with sexual assaults!

RAPE AND SEXUAL ASSAULT, SHOULD NOT BE A PRE-REQUESIT FOR A COLLEGE DEGREE!  1 IN 3 TO 5, WOMEN WILL BE SEXUALLY ASSAULTED ON A COLLEGE CAMPUS, DURING THEIR PURSUIT OF A DEGREE . . .  CHANGE COMES SLOW, BUT CHANGE IT MUST!  UNTIL THEM, PROTECT, BE SMART, AND BE FIRM, CAREFUL, AND WIN THE BATTLE OF THE SEXES!

I Think this is a good stopping place today, given the gravity of the situation.  The rest of the subjects in the title, basically are addressed up there, and I don't want to detract from the points I am trying to make here!