Is this the man or woman's fault?

Passerby

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So a woman had sex with a man she thought was her boyfriend.

In his dorm room at Purdue University in West Lafayette, Indiana, Finney had fallen asleep with him cuddling beside her in his loft bed. Elsewhere in the same room, three of her boyfriend’s buddies were crashed on a futon after a casual night that involved a lot of video games and a little drinking, although Finney says she stayed sober.

Later, in a hazy half-awake state, Finney felt a hand from behind fondling her over her t-shirt. Keeping quiet so as not to awake the others in the dark room, she allowed further groping from the man in bed with her, which led to brief intercourse, all the while with her back to him.

The sex ended when Finney said she had to go to the bathroom — and only after she returned, as she started to climb back into the loft, did she realize the man in bed with her wasn’t her boyfriend, but rather one of his friends.

“I remember him grinning at me. It was a freaky image,” Finney told BuzzFeed in a recent article. “I was just kind of — I was frantic. I didn’t know what was going on.”

Her report of the incident eventually led to a rape charge against Donald Grant Ward, who was acquitted earlier this year of any wrongdoing in the February 2017 encounter, reports the Lafayette Journal & Courier.

Under Indiana law that defines rape as an act of aggression or involving an unwilling victim, Ward can’t be convicted just because Finney, who consented to the sex, believed he was someone other than who she thought he was, Ward’s attorney Kirk Freeman told TV station WLFI.

Freeman suggested that some men embrace all sorts of identities to convince women to have sex with them. “[L]ots of women this weekend are going to have sex with Navy Seals, going to have sex with football heroes, going to have sex with guys that rescue kittens from the middle of the interstate, and are going to have sex with men who tell them, ‘I love you,’ and, ‘I’m ready for a commitment,'” he said. “Just because they are lying doesn’t make it rape.”

Freeman declined PEOPLE’s request for comment. PEOPLE also reached out to Finney, who was not immediately available.

‘I Feel Violated. This Feels Wrong’
The acquittal of Ward has led Finney to advocate for changing rape statutes to allow for the crime of rape by deception or impersonation. She is speaking now about the case in hopes of encouraging that reform.

“I’m less protected than property in the state,” she said in an interview with WLFI. “Like, my body can just be taken and used and it’s not a crime.”

• Want to keep up with the latest crime coverage? Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter.

When Finney first saw Ward lying in the bed she’d just left after having sex, she thought she was being pranked, she told BuzzFeed. She asked about the whereabouts of her boyfriend, and the others in the room said they didn’t know.

She then discovered that the key to her own nearby dorm room was missing. She went there and found her boyfriend, who told her he’d been sleeping in her room for hours.

Finney told him what happened, and after the boyfriend stormed back to his room, Finney says she texted two girlfriends to ask what she should do. “I was like, ‘I feel violated. This feels wrong. But I don’t know if it’s illegal.'”

She was later accompanied by her boyfriend to the hospital and the police station, and Ward was arrested that night. According to an affidavit of probable cause in the case, “Ward indicated he had sexual intercourse with Victim #1 knowing she believed him to be her boyfriend.”

Ward was charged with two counts of rape. But after a three-day trial in which his attorney argued that Ward’s conduct was “ungentlemanly” but not illegal under Indiana law, a jury found him not guilty in January.

Ward was banned for a year from the Purdue campus and is no longer enrolled there.

Finney, after taking off a semester during which she sought treatment for stress and depression, is now back in school, and she and her boyfriend remain together.

Sally Siegrist, a former Indiana state legislator, unsuccessfully tried to reform the state’s rape law in the wake of Finney’s case. “I’m not sure we could effectively legislate all of the cases where somebody lies, because then you get to the point where, OK, the guy said he was on the football team and he’s not,” she said, reports BuzzFeed.

Finney is undeterred in her desire to see change.

“I don’t know if I speak for all women but I definitely, before this happened, have always thought of what I would do, and it was always just, Oh, I would just report it. Snap judgment,” she told BuzzFeed. “But it’s not that easy when it’s real life, because it’s less black-and-white.”

“I was pretty angry” after the verdict, Finney said. “I felt like I’d wasted a year of my life because I could’ve been trying to heal, but instead I was reopening the wound over and over again.”

https://people.com/crime/college-student-tricked-into-sex-man-she-mistook-for-boyfriend/

Imagine if it was a guy who mistakenly had sex with a girl he thought was his girlfriend?
Women are always the victims.
 

Michelle

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They are both guilty.
Let's resume and think a little different.
Ler's say you are a woman sleeping in a room with many guys and you consent to have sex with your boyfriend without privacy in that room (because anyone of them could wake up and watch). And she had a room for her nearby where she could go and easy see that she is with the wrong guy. I don't say he is not guilty but i don't understand her either. I see her as guilty for not cheking her guy, for trusting without any base that just him can come behind her.
About him what to say? So much of a friendship to have sex with the dumb girlfriend of your friend. Maybe legally he could be out of jail for rape but morally he is a scum
 

Minamoto Teh First

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Wtf, how can she be faulted? If she fell asleep with her boyfriend in bed, why would she even CONSIDER the groping she woke up to to be from one of her boyfriend's friends? Nobody is ever going to expect a friend to pull that kind of shit; They wouldn't be a friend if that were the case. Her only mistake was acting under the assumption that everyone in that room had the slightest bit of decency.
Your second to last sentence really makes me question whether or not you'd regret a scenario like this occurring to you.
 

Passerby

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Wtf, how can she be faulted? If she fell asleep with her boyfriend in bed, why would she even CONSIDER the groping she woke up to to be from one of her boyfriend's friends? Nobody is ever going to expect a friend to pull that kind of shit; They wouldn't be a friend if that were the case. Her only mistake was acting under the assumption that everyone in that room had the slightest bit of decency.
Your second to last sentence really makes me question whether or not you'd regret a scenario like this occurring to you.
If I fell asleep with my girlfriend, and somehow her friend managed to creep in and touch me, I would know the difference. Any person would know the difference between their partner and someone else.
 
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