The student was expelled in 2013 (Picture: Getty)

An student is suing his university for a ‘miscarriage of justice’ after he was expelled following the verdict of a rape case.

The 22-year-old man, who goes by the pseudonym John Doe, was kicked out of Amherst College in Massachusetts, US, after the disciplinary board had concluded that he forced a female student to perform oral sex on him in February 2012.

Doe has always maintained that he had in fact blacked out after drinking heavily and received the sex act without any knowledge of it.

Two years later, he was accused of sexual assault and found guilty.


But now, his lawyer has helped uncover powerful new evidence which proves his innocence – yet the college is not re-opening its case.



The accuser was the room mate of the woman Doe was dating at the time.

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A text message sent from her to a friend immediately after the alleged rape read: ‘It’s pretty obvi I wasn’t an innocent bystander.’

Then she send another message reading: ‘Oh my God I just did something stupid.’

Later that evening she invited another male student back to her place for sex.

This man has since testified that she seemed ‘friendly, flirtatious, and spirited’ and not in any way ‘anxious, stressed, depressed, or otherwise in distress’.

Late last month, Doe’s lawyer, Max D. Stern, filed a lawsuit in US District Court in Springfield, arguing that the college is guilty of a miscarriage of justice against his client.

Amherst College statement As the Department of Education and its Office of Civil Rights have made clear, Title IX protects any person attending college from sex-based discrimination, and requires colleges to have in place prompt, thorough and impartial means of investigating and adjudicating claims of sexual discrimination, including sexual violence. The College has put in place a process that is consistent with the requirements under Title IX and is fair to all parties. In this instance, the hearing board concluded that the individual violated the College’s policies on sexual misconduct and respect for other persons. The College is confident that the hearing board followed the College’s process in making its decision.