SMU Student Donald Cuba Found Not Guilty of Rape

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A Dallas County jury has found Donald Cuba not guilty of rape, The Dallas Morning News' Melissa Repko is reporting. Cuba, a 20-year-old junior, was accused of raping a fellow student in a dorm room early on the morning of February 10, 2012. As we wrote this morning, the trial has offered a few glimpses into the school's secretive on-campus justice system, SMU's preferred method of handling sexual assault complaints.

Although we had anticipated that he might, Cuba didn't take the stand this morning before the defense rested its case. Meanwhile, the prosecution tried to add two lesser charges to the rape charge, assault and unlawful restraint. But Judge Susan Hawk denied those requests.

"You do all or nothing here," she told prosecutors Kendall Castello and Cresta Garland. The witnesses, she said, say "either a sexual assault occurred or it didn't."

In his closing arguments, prosecutor Castello told the jury that the case boiled down to "what happened in a room without the consent of Jan Doe." All the other details the defense brought up -- about whether Doe had been drinking, about inconsistencies in her story -- weren't relevant to the central question of whether a rape had occurred, he said. "You can always find discrepancies if you put your net wide enough."

The defense, though, said that Doe had lied or changed her story about whether she was drinking that night, and whom she'd been with. Attorney Robert Udashen said that damaged her credibility irreparably. "She has the audacity to come in here and try to reconcile these different statements to you," he said, referring to Doe saying in one instance, apparently at an on-campus hearing, that Cuba had removed her clothes, and in another that he'd simply pushed her underwear and shorts to the side.

"She just answers how she wants to answer at that particular hearing," Udashen added.

In the end, though, the jury decided that Cuba couldn't be proven guilty beyond a reasonable doubt. After deliberating for about two hours, they returned the verdict. Repko reports that there was a "loud reaction, shouts and applause" when the not guilty verdict was read. Outside the courtroom, she writes, one student told Cuba, "Now we can make jokes."

Meanwhile, CultureMap's Claire St. Amant tweets that Cuba says he will file "quite a few civil lawsuits in the matter and the word confidential will not be included in any settlement."


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37 comments
fartknocker
fartknocker

Mr Cuba could have saved the taxpayers some money by dropping his pants and demonstrating that he lacks a penis. 

Steve
Steve

Crying Rape is a neat little Morning After Pill for regretful girls when the fireworks didn't go off and it wasn't all Twilight, and Mom can smell it on you.

Edward
Edward

It's surprisingly NOT surprising how so many comments by esteemed SMU collegiates mirror the ones made by the HP high school kids during the Romo affair.

Depressing, but expected. 

MikeWestEast
MikeWestEast

After years of Law & Order and CSI, juries expect a progression of events.  Rape occurs, victim immediately goes to police or hospital, DNA gets taken, Victim gets photographed immediately with every cut & bruise registered, every bit of clothing examined, victim makes statement on video describing events and attacker.  Police arrest attacker, collect his clothing, photograph his cuts and bruises, and take DNA.  If a party, police haul in everybody and get testimony on condition of assailant and victim, wait for results, go to trial.  If the prosecution does not walk through those events, and it comes down to he said/she said, the defendant walks.

If the SMU process got in the way, that is not the jury's fault.  Based on the description of how the case made it to the DA, 2 months later, I am surprised the County took the case.  After reading the description of the actions of the various friends and associates, you have to question the 26th Amendment.  We let these people vote?  Most of these people would appear to get befuddled by sausage or pepperoni.

JonnyDoe
JonnyDoe

And BOOM goes the dynamite!

roo_ster
roo_ster

Yeah, gotta wonder why the accused still has his photo & name up front & prominent, while the false accuser gets to hide behind a pseudonym.


keeponkeepinitdown
keeponkeepinitdown

So now that he has been found not guilty-- why are you still posting his picture but not disclosing the accuser? Double standards.

primi_timpano
primi_timpano topcommenter

This was not a "Dallas County jury" because it was not a Dallas County court.  This was a student court, under the auspices of a private school, that is there for . . . .Someone please give me an answer besides cheating on tests.

I assume the accused did not take the stand because he didn't want to say anything that may be admitted in a real court, like the one he is using to sue the alleged victim, where requests of the court for parking would not be funny, and which can fine or jail you committing perjury.

At SMU, if you are a woman at SMU and have been drinking, it is still fuck or fight, and keep your mouth shut.

Query whether a good girl with a gun could have made a difference.

ScottsMerkin
ScottsMerkin topcommenter

Thats a shitty reaction by the family if that happened in the court room.  As for lawsuits, thats a might bold claim by Cuba, not saying he did it, but her next stop could be the civil courts as well.  

Is culture map writing another article about how the boy is ruined for life now by this charge being on his record.  See if we could just teach abstinence only until marriage we wouldnt be having all this sexual anarchy

ChrisYu
ChrisYu

okay. did Erik get his parking validated?

Sharon_Moreanus
Sharon_Moreanus topcommenter

SMU girls need to be taught about crying wolf.

j.cubaca
j.cubaca

The can't release rape victims names so it should be released soon

leftocenter
leftocenter

There is a difference between "not guilty" and "innocent"...just sayin...

Anna_Merlan
Anna_Merlan

@primi_timpano No, this was real court. Real judge and everything. But yes, Cuba had previously had a hearing and an appeal at SMU. Still mysterious how it eventually landed in Dallas County. 

Threeboys
Threeboys

Nt saying that the accuser in this case has done so, but it certainly has happened

Threeboys
Threeboys

Also a difference between accused and convicted. We are so willing to put the names and faces of the accused while the accuser, sometimes ,one who made up a story, remains anonymous.

roo_ster
roo_ster

@leftocenter So what?

A jury decided he didn't do it. Not too many other ways a person accused of a crime can get vindication.  And yet DO still flashes his photo and name around, while his accuser gets a pass.

primi_timpano
primi_timpano topcommenter

I messed that up. Sorry. But the sorry conclusion for SMU remains the same.

keeponkeepinitdown
keeponkeepinitdown

@miss-ashly @roo_ster No jury decides someone didn't do it. But not guilty means not guilty. The burden of proof is on the state and the accuser not the accused in this country. Yet we are all supposed to just take a nameless, faceless woman's accusation for gospel while this man's name is trashed even after acquittal. 

roo_ster
roo_ster

@miss-ashly @roo_ster And, were you brought up on charges of prostituting out children to be raped by HIV+ convicts, I am sure you, too would be found not guilty.  

And maybe the person or persons who made the accusations ought to--at minimum--have to fess up to their accusations with a name and face.

miss-ashly
miss-ashly

@roo_ster The jury determined that there was insufficient evidence to convict him. The jury did NOT decide that he "didn't do it." Your failure to understand the difference is astounding.

mavdog
mavdog topcommenter

@keeponkeepinitdown

so in your mind a women is a "worthless whore" if she accuses a man of raping her? interesting. explains a lot.

by definition the accusation of rape is not "false" merely due to the alleged rapist being found not guilty in a court of law. the accusation is valid, not "false", if the person making the charge believes they were raped.

keeponkeepinitdown
keeponkeepinitdown

@mavdog @roo_ster @leftocenter If men could avoid the worthless whores who make false rape accusations they might be able to protect themselves from the matriarchal attacks. The media is complicit in false rape accusations by protecting the accusers. 

mavdog
mavdog topcommenter

@roo_ster @leftocenter 

the accuser was never charged with a crime, why should her name and photo be circulated?

what exactly is she getting a "pass" from? ridicule from people like you who wish to persecute her?

keeponkeepinitdown
keeponkeepinitdown

@leftocenter So a woman can ruin any man's life with no burden of proof and total impunity and the collusion of the media?

Matriarchal bullshit. 

leftocenter
leftocenter

So what?  A not guilty verdict does not mean we must assume the accuser lied.  What we know for sure is that guilt was not proven to a jury beyond a reasonable doubt. 

The rules in place exist to protect victims so they will not be discouraged from not reporting sexual assault.  Yes, they also protect the "false accuser."

I get your point, and if he were my son I'd be livid about that distinction. 

bealotcoolerifyoudid
bealotcoolerifyoudid

@observist @bealotcoolerifyoudid @ScottsMerkin You talking to Merkins or me?  Cause I am all over the Sexual Anarchy Agenda like sand in a Junius Heights front lawn.  Pretty sure Merk was all over it to.  I just can't let it go.  Fortunately, the boy scout meeting at the GAYlord will be soon to keep the SAA going.

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