Lawyers representing Virginia Wesleyan College in Norfolk have filed a motion demanding the entire sexual history of a student who is suing the school after reporting being drugged and raped on her third day of freshman orientation.



They asked the court to compel the victim, whose name is not public and who is referred to as “Jane Doe” in the legal filings, to identify “any individuals with whom you have had sexual intercourse at any time” and “any individuals with whom you have had a romantic relationship”.

In emails between Mark Nanavati, a lawyer representing the college, and Jonathan Halperin, a lawyer representing the victim, filed as exhibits to the court, Nanavati wrote: “It seems clear to me that Miss Doe has put the information requested [the details of her sexual history] at issue” by seeking damages for her post-traumatic stress and alleged inability to have sex or experience feelings of love.



Halperin replied that the demand for discovery was “uncouth” and described the university’s approach as “Neanderthalic”.

The demand is the latest twist in Jane Doe’s $10m lawsuit against Virginia Wesleyan for negligence, gross negligence and fraud in abandoning its duty of care toward her and her fellow students.



The complaint notes that on the day of the alleged rape in August 2012, the college presented a play called Equalogy, which warned students of the dangers of drinks spiked with drugs to facilitate rape. “Peculiarly, this play was presented in the form of a comedy,” the document states.

It was just hours later, according to court documents, that an “orientation peer adviser” allegedly invited new freshmen to a party at his house where he provided drinks that were spiked with the sleeping pill Ambien.

The complaint notes that Jane Doe and several other girls reported being provided with spiked drinks at the same party, and that campus security arrived at the party and “did nothing before leaving, despite the presence of many teenage female students in various states of intoxication”.

At the party the victim met her alleged attacker, an older student and lacrosse player. He is not accused of spiking the drinks, but court documents allege that he brought the intoxicated student back to his dorm room.



According to a police report filed in February 2013, the victim was then raped over a period of “approximately five hours”.

“Her shorts, once white, were now crimson with her own blood,” the complaint states.



In an email filed as an exhibit with the court, the victim told her sorority sisters that she was “in so much pain that I cried every time I tried to use the bathroom for a month”, and that she could “barely walk for a week”.



Two investigations took place, one by the university and one several months later when the woman filed a police report.

The university’s investigation was completed without reporting the allegations to the police; this was only done several months later, by which time it was far too late for medical examiners to evaluate the victim for physical trauma.



As part of the process, five months after the alleged attack took place, the victim took part in a joint hearing, being cross-examined about her sex life while sitting next to her alleged attacker.

He was dismissed from the college immediately afterwards, but his status was later changed from “expelled” to “voluntarily withdrawn”, with the sexual assault charge expunged from his academic record. He has maintained that his encounter with Jane Doe was consensual.









In an interview, Halperin told the Guardian that while there are “rape-shield laws” in criminal cases that would prevent invasive inquiries into a victim’s sexual history, there are no such safeguards in a civil case and the issue comes down to judicial discretion.



“In this day and age this is a crude and inappropriate way to defend a case,” Halperin said. “I also think it’s meant to dampen her desire to pursue the case at all,” he added. “But that’s not going to happen with her. Her resolve is strong.”



Nanavati told the Guardian: “Virginia Wesleyan College acknowledges that Miss Doe’s sexual history is a sensitive subject,” but added: “Miss Doe is seeking money damages based in part on the following claims: she is unable to have sex, does not have any interest in sex, and has experienced difficulties in romantic relationships due to her inability to have sex and lack of interest in sex.”



He continued: “Given the significance of these claims in a case where $10m is at issue, Virginia Wesleyan has to investigate these claims like any other claims Miss Doe is making in order to properly investigate and defend this suit. I can assure you it is for no other purpose.”



The case is scheduled to go to trial in January 2016.