Should This Girl be Upset Because After Having Sex, She Realized it wasn't with Her Boyfriend?
Abigail Finney thought she was having sex with her boyfriend.
In his dorm room at Purdue University in West Lafayette, Indiana, Finney had fallen asleep with him cuddling beside her in his loft bed. Elsewhere in the same room, three of her boyfriend’s buddies were crashed on a futon after a casual night that involved a lot of video games and a little drinking, although Finney says she stayed sober.
Later, in a hazy half-awake state, Finney felt a hand from behind fondling her over her t-shirt. Keeping quiet so as not to awake the others in the dark room, she allowed further groping from the man in bed with her, which led to brief intercourse, all the while with her back to him.
The sex ended when Finney said she had to go to the bathroom — and only after she returned, as she started to climb back into the loft, did she realize the man in bed with her wasn’t her boyfriend, but rather one of his friends.
“I remember him grinning at me. It was a freaky image,” Finney told BuzzFeed in a recent article. “I was just kind of — I was frantic. I didn’t know what was going on.”
Her report of the incident eventually led to a rape charge against Donald Grant Ward, who was acquitted earlier this year of any wrongdoing in the February 2017 encounter, reports the Lafayette Journal & Courier.
Under Indiana law that defines rape as an act of aggression or involving an unwilling victim, Ward can’t be convicted just because Finney, who consented to the sex, believed he was someone other than who she thought he was, Ward’s attorney Kirk Freeman told TV station WLFI.
“Lots of women this weekend are going to have sex with Navy Seals, going to have sex with football heroes, going to have sex with guys that rescue kittens from the middle of the interstate, and are going to have sex with men who tell them, ‘I love you,’ and, ‘I’m ready for a commitment,'” Freeman said. “Just because they are lying doesn’t make it rape.”
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