At first glance the video looks terrible---naked woman escapes from the motel room and is pulled back forcefully so she could be sexually assaulted. But....if she didn't want sex, why were her clothes removed? I actually didn't read anywhere she said he removed her clothes/underwear---just that he began to touch her over her underwear and then pushed it to the side to assault her. Of course she has the right to take her clothes off and kiss him and then want to stop. But who knows? She reportedly was drunk and on pain pills.
Don't understand why she waited the next day to go to the hospital. They did find bruises and scratches and I think DNA evidence. So it does seem that there was sex and most likely rough sex---but the judge wasn't sure it was an assault:
Citing that the woman invited Cleaves to the bar, and that she "was not concerned enough to let her boyfriend answer the phone when it was ringing" in the gas station, Dowd said she didn't have enough probable cause to bind over the unlawful imprisonment charge.
In the case of criminal sexual conduct, Dowd said she "hadn't heard enough," based on the woman's "dancing all around the questions" and the two male sperm donors found on the woman despite her statement she hadn't had consensual sex in the past 96 hours.
https://www.mlive.com/news/flint/201...ult_cas_1.html
The cop says she denied that she was assaulted when he got to the motel---but of course there are crooked cops---and this one didn't file the report right away and gave the defendant special treatment, even driving him home that night and after he refused a breathlyzer test didn't charge him even though he was driving while smelling of alcohol...while the victim had to find her own way home. He stated:
She then said that she and the former basketball star began to "mess around," Johnson testified.
He said the woman told him that she took her own clothes off and had sexual relations with Cleaves. At one point in time, she told the officer that she "stepped out for air."
"In fact, you asked her specifically, 'were you assaulted?'" said Cleaves' defense lawyer, Frank J. Manley.
"That is correct. She said no," Johnson testified.
So---it is possible that she did step outside, even half/naked since she was so drunk and stoned. But according to the nurse who treated the alleged victim the next day, the victim said:
"He tried to kiss me. I just gave up. He gives our organization a lot of money," Most claimed the alleged victim told her. "I remember my clothes off, him on top of me, and he started to have sex. I think he had a condom on.
"I pushed him off, rolled off the bed and ran outside in my panties and bra. I fell trying to run, he tried to grab me."
This is the saddest part to me---if she honestly felt she had to submit to kissing because the defendant was a big donor to her employer. She has a mother. She has a boyfriend. It's not like she would be homeless if she got fired from her job.
I admit I'm kind of clueless as to casual hookups---but why do you take off your clothing if all you are willing to do is kiss?