A decision is expected tomorrow in the civil lawsuit University alumna Anne Hylton filed against alumnus Matthew Hamilton for an alleged rape that occurred in December 2001, seeking $1.5 million in damages.
Hylton brought a complaint against Hamilton to the University's Sexual Assault Board in March 2002, according to The Hook. Hamilton was found to have violated the University's code of conduct but was not expelled.
According to Hylton's attorney, Ed Wayland, Hylton was approached by Hamilton on the night in question and he offered her three mixed drinks. She then started to feel sick and later blacked out. Upon regaining consciousness, she found Hamilton engaging in sexual intercourse with her.
Wayland further said Hamilton dropped Hylton off at her dormitory the next morning, and soon afterwards she went to the emergency room.
Hylton accused Hamilton of slipping a date-rape drug into one of her drinks and holding her down in bed against her will.
Hamilton's attorney Doug Weingerder, on the other hand, said the sex was consensual and the accusation being made against his client is the result of Hylton's guilty conscience.
"She made up this story to justify what she had done," Weingerder said.
Weingerder said Hylton had sex with Hamilton because she was drunk rather than drugged.
Throughout the trial, both sides presented expert testimony in favor of their clients. The plaintiff's expert witness, Dr. Eugene Corbett of the University, said Hylton had been drugged.
One of the Hamilton's experts, on the other hand, claimed Hylton had consumed five to six ounces of alcohol and could not have lost consciousness. The defense's experts also could not draw any conclusions regarding whether a drug had been used.
"There is a lack of evidence of a drugged case," Weingerder said.
In an attempt to prove her unconscious state resulted from drinking alcohol excessively, Weingerder performed a demonstration to the jury. He used a one-ounce shot glass to pour water into a container to help the jury visualize how much alcohol Hylton had consumed that night.
Weingerder also said there was not a single bruise or scrape on Hylton's body to sustain her claim that she was pinned down.
He further said Hylton was offered repeated opportunity to leave, but she chose to stay, change clothes and decided to say "stop" only during the middle of intercourse.
Wayland claimed Hamilton's story was fabricated.
Hamilton's "story makes no sense," he said.
Wayland asked the jury what reason Hylton would have for lying about such a serious allegation.
"Explain to me why she would have subjected herself four to five hours in the emergency room and why she would have shared her intimate details with several strangers," he said.
Weingerder said Hylton was diagnosed with Post Traumatic Stress Disorder, explaining her false accusation.
"She has no recollection of how she got into bed, and she told her sexual assault nurse that she wanted to stop, that he put it away, and then they fell asleep," he said.
Wayland also told the jury Hylton wasn't lying for monetary gain.
"He doesn't have $1.5 million, so this is a pretty dumb scheme for her to get rich," he said.
Wayland characterized his client as not being overtly promiscuous. Hylton only had only one sexual relationship in the past, he said.
In his closing remark, Wayland emphasized how Hamilton continued having sex even though Hylton told him to stop.
"The bottom line is that she did not consent," he said. "That's assault and battery."
The testimony finished last night, and jury deliberations will continue today.
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