A false accusation of rape ruined the lives of two former Ohio State football players in 2020, but what saved them in court may save many others from going through the same situation. February 4, 2020, a 19-year-old female student accused former Ohio State University defensive players Amie I. Reip and Jahsen L. Wint of violently gang raping her. Not only were both players released from the football team, but Wint who completed his degree in human development back in 2020 had it withheld by the University and Reip was never able to finish his requirements so will have to go back to the University and complete his remaining two terms. A lot of times in these cases especially for Black athletes they are considered guilty until proven innocent. In a statement released by the OSU Football coach Ryan Day at the time surrounding the release of both men from the team he said, “I have dismissed Amir Riep and Jahsen Wint from our football program. I am not making any statement on the criminal charges, but it is clear they did not live up to our standards and my expectations. The athletics department will make sure they both continue to have access to the health and well-being resources available to students and student-athletes. Due to the ongoing criminal investigation, I will not be commenting further.” Both men were then arrested and charged with rape and kidnapping but did they, do it? Was the evidence properly reviewed and considered prior to their arrest and being charged? According to the evidence presented in court there was more evidence pointing to the men being innocent versus them being guilty due to the lack of credibility. During the trial there was a cellphone video presented, that was explained by the defense team to be the alleged victim on Reip’s cellphone admitting that the sex was consensual at all points in time. The jury found these two not guilty on Thursday February 9, 2023, but just the fact that these young men have endured so much over the last three years when they voluntarily even attempted to show police the video prior to their arrest to exonerate them shows how the Title IX process does not always get it right and neither does the law.
The thing that saved these men who were facing up to 33 years if convicted was getting a video of consent. Consent is 'permission that is clear, knowing, voluntary, and expressed prior to engaging in and during an act. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of sexual activity.'" Maybe it is time for more colleges and universities to advise their athletes to get solid evidence of consent prior to engaging in any sexual activities before more lives are ruined by false accusations. Student athletes need to have a clear understanding of the Title IX process and how it applies to them as both the accused and possibly the victim when the accusations are false. We have seen way too many instances when these athletes have no idea how the process works and find themselves on an island without a paddle. If you are accused of any Title IX accusation please reach out and have an experienced attorney help you through the entire process beginning to end it is your right.