Thursday, Dec. 1, 2016

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Thursday, Dec. 1, 2016 | Indiana Daily Student | idsnews.com

IU BEATS NO. 3 UNC

IDS

No. 13 IU defeats No. 3 North Carolina, 76-67, its second top-3 win By Andrew Hussey aphussey@indiana.edu | @thehussnetwork

When sophomore Thomas Bryant returned this season at IU, these are the type of games that factored into his decision to come back. The lasting image of IU’s Sweet Sixteen loss to North Carolina last season was of the center being held in the arms of and consoled by IU Coach Tom Crean. This time when the two teams met, there wasn’t sadness for Bryant. He anchored a defense that smothered No. 3 North Carolina and

helped the Hoosiers pick up their second top-10 win in November, 76-67. “It means a lot,” Bryant said. “It just means that us as a team just taking a step forward. We’re getting better each and every day and we went out there and proved it.” IU led the entire game as the Hoosiers’ early energy proved to be the difference. From the opening tip, the Hoosiers played with a lot of energy and at a frenetic pace. “We just wanted to bring the energy with us,” junior guard James

Blackmon Jr. said. “So we just wanted to be collective, communicate because it was so loud. And once we brought that, the fans really helped us with their energy.” IU wasn’t afraid of getting out and running against UNC, and it allowed IU guards to dominate the first half against UNC’s Joel Berry II and Nate Britt. The trio of junior guards, Josh Newkirk, Blackmon and Rob Johnson had 24 points in the first half, helping IU to get up by 17 points at VICTOR GRÖSSLING | IDS

SEE BASKETBALL, PAGE 5 Thomas Bryant screams on the court during Wednesday evening's game against UNC.

SEXUAL ASSAULT ON CAMPUS | PART 1 OF 3

A question of consent One night, two IU students, and the thin line between a hook-up and a rape

Story by Taylor Telford | ttelford@indiana.edu | @ttelford1883 Photos by Izzy Osmundsen | isosmund@indiana.edu | @isabel_osm

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he’d been up all night. She hadn’t changed her underwear or brushed her teeth. Now she stood, naked and trembling, in an exam room in the IU Health Center as a nurse and a medical technician shined a flashlight on her body. They took photographs, swabbed her cheeks and measured her scrapes and bruises. The night before, Marion Zerfoss had gotten drunk at a party at her house on Dunn Street. She was throwing up, and her roommates were worried she might choke on her vomit. They asked a neighbor, Aaron Farrer, to take care of her. Both Zerfoss and Farrer were 20. She was a junior. He was sophomore. She was studying management in School of Public and Environmental Affairs. He was an IU Police Department cadet. Her roommates thought he’d be responsible. Zerfoss blacked out during the encounter, she said later, but she remembered fragments. She described how Farrer had come into her bedroom and hoisted her on top of him, and how he asked if she was on birth control. How she ran to the bathroom to vomit afterward and screamed at him to leave. In the many times Zerfoss retold her version of the night, she stressed that she had not wanted to have sex. Each time he told his version, Farrer insisted she had. The only reason they had ended up in bed together, he said, was because she talked him into it. Days later, after Zerfoss reported the incident to the Bloomington Police Department, an officer showed up at Farrer’s house asking questions. “Mr. Farrer did not seem to understand fully what consent was in our interview,” the officer reported later. “He also did not seem to fully understand the definition of rape.” The officer asked Farrer if he thought he’d done anything wrong. Farrer said he didn’t want to answer. Then he was led away in handcuffs. * * * Consent is such a crucial and confounding question that Indiana University makes sure students learn about it before they take their first class. During New Student Orientation, IU freshmen are required to watch a musical that ends with a catchy song detailing the University’s consent policy. The lyrics make it sound simple. “Consent is unmistakable,” the performers sing, while they clap and mock-kiss. “It’s often verbal. It can’t be

given by someone who is intoxicated.” The bouncy melody imprints the definition so firmly in students’ brains that many can quote it until the day they graduate. But that doesn’t mean they apply it in the heat of the moment. As students stumbled down 10th Street one Saturday night in September, the Indiana Daily Student asked them how they defined consent. One large group of students was headed toward an off-campus party. They took a moment to think about their answers, the girls whispering to each other and giggling while some of the boys fiddled with their baseball caps. They spat out variations of lines from the consent song. “It’s a verbal yes.” “It’s freely given.” “It can’t be given by someone who is drunk.” Students had a tougher time defining consent for encounters where both parties had been drinking. One student stood thinking and ran his hand through his hair. Behind him, drunk girls in tank tops tried to do pushups while waiting for the night bus. “Consent is not necessarily a verbal expression of saying yes,” he said, “but a general openness to the act itself.” * * * On Oct. 3, 2015, Marion Zerfoss told a detective what little she remembered from the night in question. Her friends had helped her fill in some of the gaps in her memory, she said. Other parts had stuck with her. But in the blank spots, she admitted, anything could have happened. Court documents detail what Zerfoss told the detective. Ten days earlier, she said, she’d had eight to 10 shots of Fireball whiskey in less than an hour. She was celebrating her roommate’s 21st birthday. Her friends would later testify that Zerfoss couldn’t walk on her own. She’d vomited four or five times. She couldn’t hold a glass of water. Farrer had only had a few drinks. He’d offered to stay and watch over Zerfoss, but her roommates said no at first. After they had changed Zerfoss out of her clothes and put her to bed, leaving her with water and crackers, they reconsidered and called Farrer back. He returned with a textbook and his dog in tow. The two had only met a handful of times — Farrer borrowed their lawnmower occasionally. He’d come over to hang out after a recent football game.

Top The house where Marion Zerfoss used to live, one year after the incident. Zerfoss alleges that she was raped by Aaron Farrer while she was supposed to be in his care. Farrer says she consented by coming on to him. Above Four women walk down 10th Street on a Saturday night in September. Weekend nightlife at IU entails parties on and off-campus.

Once, they had kissed goodbye — a peck on the lips, nothing more. She had never spent time alone with him and usually ignored his messages. She didn’t find him attractive, she told police, and she never intended to hook up with him. Her description of the encounter was detailed. She told the detective there were cracker crumbs in her bed and that Farrer’s dog had knocked her hamster’s food all over the floor. The sex was quick, she said — at most, it took five minutes. Then he redressed her, putting her underwear back on inside out. “Did we just have sex?” Zerfoss asked once it was over. “Yes,” she remembered Farrer saying. “And next time, I’ll bring my handcuffs.” Afterward, she said, she sat up trembling, alone in her room while she waited for her roommates to get home. When the roommates spoke with Farrer later, both women told him that he’d abused their trust and taken advantage of Zerfoss. One advised him to text an apology in the morning. At 7 a.m. the next day, Zerfoss got the text. She still has it saved on her phone. “I totally fucked up,” Farrer wrote. “I knew it was wrong and I did it anyways. Please don’t hold yourself accountable for anything that happened after you started drinking last night.” That morning, Zerfoss went to the IU Health Center and allowed the staff to perform the rape exam. Nine days later, she filed her report with the police. When Farrer found out he might face criminal charges, he sought help from Mary Higdon, a Bloomington defense attorney. Farrer wanted to approach the police with his side of the story, so Higdon helped him compile a detailed timeline

EDITOR’S NOTE This story is based on three months of reporting. Reporters Taylor Telford, Michael Williams and Izzy Osmundsen sifted through court documents and interviewed Marion Zerfoss. They spoke with prosecutors and consent experts and read half a dozen studies on the issue of consent. Typically, Indiana Daily Student reporters cannot access records from the Office of Student Ethics. But the reporters working on this story accompanied Zerfoss to the office, where Zerfoss allowed them to listen to the audio from the disciplinary hearing and review documents from the case file.

of his every interaction with Zerfoss. In the written statement he delivered to BPD, Farrer said Zerfoss beckoned him into her bedroom, where she was lying in bed, dressed only in a T-shirt and a red thong. Then, Farrer said she’d asked him over and over, “Do you want to fuck me?” Farrer said he resisted, questioning his own judgment since he had also been drinking. But after Zerfoss continued her advances, Farrer decided to have sex with her. One of the few details they agree on is that afterward, Zerfoss asked if they’d had sex. “Yes,” Farrer said. “Is that OK?” “Yes,” he recalled her telling him. “And we can do it again.” * * * IU’s policy defines consent as “agreement or permission expressed through SEE CONSENT, PAGE 6


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