The ex-girlfriend’s text messages
We represented a student who had been in a long-term relationship with a woman. He broke up with her. The next day, she filed a complaint against him with the school, alleging that he sexually assaulted her three times during their relationship. Our client was in the military, and she also filed a complaint against him with his commanding officer. When he broke up with her, our client had deleted all of their text exchanges. The school refused to ask her for a copy of the texts. We filed a Freedom of Information Act request with the military and, finally, days before the hearing, received the text messages. It turns out that the complaining witness had sent detailed, explicit text messages approving of what had happened during each alleged assault. Our client was found not responsible.