A former Amherst College student has filed a lawsuit against the school, claiming he was expelled after being falsely accused of rape in 2012.
According to the Boston Business Journal, the plaintiff, listed in the court filings as John Doe, claims he was expelled because administrators wanted to show they were tough on sex offenders.
In a "Kelly File" investigation, Trace Gallagher reported tonight that John Doe's attorney discovered text messages from the accuser that suggest not only did he not attack her, but it appears she may have sexually assaulted him.
He said the text messages show the accuser began texting her dorm counselor and another male student she invited over to "entertain her" shortly after the alleged sexual encounter.
Gallagher said the accuser graphically detailed her sexual encounter with her dorm counselor in the text messages and "joked about the possibility of having sex with two men in one night."
Gallagher stated the other male student, who came to the accuser's dorm later that evening, confirmed they had sex.
"When I arrived, [the accuser] did not appear in any distress. To the contrary, she was friendly, flirtatious and spirited," an affidavit by the accuser's male friend reads. "At no point during this period of time did [the accuser] appear anxious, stressed, depressed or otherwise in distress."
Gallagher said the accuser was friendly with John Doe when he returned to her dorm the next morning to retrieve his cell phone that he left behind the night before.
The plaintiff is currently in "academic limbo," as his transcripts state he was expelled for "disciplinary reasons," Gallagher asserted.
Gallagher said the male student wants to remain anonymous because he doesn't want "the case to follow him on Google."
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