These are key factual statements from the defense motion, incorporating the Prosecutions' Affidavit, and how this can present to a jury:
1) Their relationship could be described as casual and friendly with a flirtatious component. They hung out occasionally, watching movies, having ice cream. texting and talking, At one time last year, the two were alone In her room kissing. Jordan expressed an Interest In engaging In sexual behavior with Doe. Doe told him "no" and he discontinued the sexual advances.
2) The two drifted in separate directions yet Doe continued to periodically send Jordan text messages which were friendly and complimentary of his athletic performances. Doe began dating another man for a while but after they broke up, in part because of her relationship with Jordan, she again Initiated contact with Jordan. They had been texting each other over the winter holidays between December 2011 and January 2012 and after they returned to school after the holidays. These texts were flirtatious and sexual In nature. For example, there were discussions about taking showers together, etc. Doe later said that she thought Jordan was kind, attractive and thought she would have a relationship with him some day.
3) On February 3, 2012, Doe attended the Forrester's Ball at the University of Montana with some of her friends and Jordan attended with several of his friends. Doe had been drinking a significant amount of alcohol and was intoxicated. Doe saw Jordan dancing with and kissing his friend Kelly, with whom Jordan maintains a romantic interest. Doe approached Jordan and put her arm around his back, leaned Into him and said, "Jordy, I would do you anytime," according to Jordan and Alex Sieneman, who heard Doe make the comment. She slid her hand along the small of his back and asked Jordan if he wanted to dance with her. They danced a couple of songs and Doe asked Jordan if he wanted to get "married," at a pretend ceremony at the Bail in which pairs of people exchange plastic rings. Jordan got in the "marriage" line with Doe but left Doe In the line when he saw Kelly and his other friends across the gym.
4) Doe brought Jordan straight Into her bedroom and the two of them lay down on her bed and started watching a movie. Doe suggested the movie "Easy A," a comedy about a young woman who lies about fictitious sexual escapades to gain popularity, and they started watching.
5) According to Doe, As they watched the movie. Defendant started to kiss Jane Doe. She kissed him back but disengaged, saying "Let's just watch the movie." She later said that she did not want to get physical that night, but just wanted to relax. In her own words, Doe wrote, "After playfully arguing with him for a minute, I gave In and let him take off my long sleeve shirt. After he took off my shirt, I took off his shirt." She continued, "We continued kissing while I was on top of him ...."
But then, Doe also states that "He tried to take off her shirt. She pulled it back down and told him "no, not tonight," to which he responded, "oh, come on." He subsequently tried again to take off her shirt and she let him. She then took off his jacket and shirt. She then described a change in his demeanor as going from playful to aggressive. He got on top of her and started thrusting his hips into her. She started to get scared and told him "no, not tonight" repeatedly. Defendant put his left arm across her chest and held her down as he pulled her leggings and underwear off. She put her knees up and tried to push against him. He then told her to tum over. He said "turn over or I will make you.~ Jane Doe said "no."
Does' accumulated statements show egregious inconsistencies in what happened.
JJ's version is, of course, different:
7) According to Jordan, Jordan was on his left side and Doe was also on her left side tucked up next to Jordan, with her back to him and his arms around her. After about 20 minutes, Doe turned onto her right side, directly facing Jordan very close to his face and began kissing him on the mouth. After kissing for a few minutes, Doe rolled over completely on top of Jordan while they continued to kiss.
8) Jordan took off Doe's long-sleeved shirt. In response, she took off Jordan's shirt and continued to kiss him. Jordan removed her yoga·type pants. She cooperated with him removing her pants by arching her back and lifting her hips to allow room for them to move under her. They continued to kiss and Doe was on her back on the bed. Jordan touched Doe's vaginal area outside of her underwear. Jordan then
took off her underwear and touched In and around her vagina with his hand and fingers. In response, Doe asked Jordan whether he had a condom. When Jordan told him he did not have a condom, Doe told him "that's ok." Jordan took off his own pants and then the two began having sex, with her still on her back. They continued to kiss.
...
9) At First Step, Doe was instructed to collect her blanket for evidentiary purposes but declined to do so because she didn't want to give up her blanket.
10) In written statements obtained by Jordan's attorneys, Doe said, "The reason I feel this whole situation is my fault is because I feel like I gave Jordan mixed signals which caused him to act in the way he did. She blames herself for the sex happening at all because she gave him mixed signals, in other words-signals of consent. Doe also wrote, "Maybe it was the clothes I was wearing that day, us making out, or me taking off my shirt that made Jordan think that I wanted to have sex? Anything I did that night could have given Jordan the idea that I wanted to have sex, but in no verbal way did I tell him that I wanted to. Granted I probably would have had sex with him In a consensual way In the future, but I did not want to have sex that night....". Doe also wrote, "When I first met Jordan Johnson I was attracted to him Instantly, not only by his physical appearance but by his sweet and genuine nature ....He was particularly quiet when we first met, but when we talked he was honest and caring."
11) Despite having no contact with Jordan, approximately four weeks after the incident, Doe applied for an order of protection. In the OP process, more than one month after the alleged incident, Doe claimed to be presently afraid for her safety, a legal element necessary in order to qualify for the order, even though Jordan had never threatened her and has had no contact with her in any way since February
4th
12) In a letter dated March 6, 2012, Doe wrote Jordan a letter in which she tells him she thinks that deep down he is a truly good person and doesn't want to ruin his life. In the letter she continually refers to her feelings being hurt. However, to the contrary, Doe and her attorney sent a letter to the Missoulian which was the source of an article published on March 28, 2012. According to Doe's attorney, she was angry that he was not having to suffer any consequences and appeared to be living a "normal life."
13) In a series of text messages with Brian O'Day on February 7, 2012, Doe admitted that Jordan would be very surprised when he learned of her allegations of rape. "It will hit him like a ton of bricks which I'm okay with,so wanna get lunch Thursday?" ... ... "I'm not super sensitive about the subject too much anymore so Its all good...and I don't think he thinks he did anything wrong."
Wow. This is quite a history. She appears throughout to have been actively pursuing JJ, and when he left her standing in line at the Forester's Ball -- literally, "at the altar," -- it's easy to feel sorry for people in situations like this. But, the vindictive edge that all of this also clearly shows, and demonstrates what defense counsel will be able to do on the witness stand with "Doe." In particular, her recorded statements:
"The reason I feel this whole situation is my fault is because I feel like I gave Jordan mixed signals which caused him to act in the way he did." She blames herself for the sex happening at all because she gave him mixed signals, in other words-signals of consent. Doe also wrote, "Maybe it was the clothes I was wearing that day, us making out, or me taking off my shirt that made Jordan think that I wanted to have sex? Anything I did that night could have given Jordan the idea that I wanted to have sex, but in no verbal way did I tell him that I wanted to."
This is contrary to her claims that she verbally said "no." These are the wildly inconsistent statements that were not allowed at the Honor Court, and to which a Federal Judge has already remarked that the failure to allow contradictory statements is an extraordinary miscarriage of justice.
She refused to turn over evidence, because she didn't want to lose her blanket? She waited a month to ask for an Order of Protection even though JJ hadn't tried to contact her since the "date?" Really?
She alleged -- and there is an element of perjury here -- a "fear" for her physical safety although there was not a single factual basis for that --- but, it must be alleged to get the order. She was willing to commit a perjury to get an order which served no direct purpose with regard to JJ. In her March 6 letter, she certainly expressed no "fear" of JJ, she did "continually refer to her feelings being hurt." According to Doe's attorney, she was angry that he was not having to suffer any consequences and appeared to be living a "normal life."
He did not respond to her March 6 letter. Two weeks later, she filed a police report. She cannot have set this up any more clearly to show retribution, not justice, was her motive.
JJ had still not contacted her since February 4. Skilled defense counsel will make that appear to be the "problem" -- she was not getting the attention she had always wanted from JJ, and this incident, rather than establishing the relationship that she admitted she wanted -- including having sex -- had resulted in the exact opposite happening.
The Order of Protection four weeks later? What was that all about?
All that did was place into the record sworn evidence that she would lie to get JJ's attention.
Filing the police report after he failed to answer her letter? The oddly boastful claim to Brian O'Day: that JJ would be very surprised when he learned of her allegations of rape. "It will hit him like a ton of bricks which I'm okay with so wanna get lunch Thursday?" "I don't think he did anything wrong to be honest ... he didn't show any remorse or anything 50 Idk :/"
Remorse? In the context, this folds together as "remorse for hurting her feelings." That instead of "I love you now and want to get married," all she got was a kind of guilty "gee I already have a girlfriend, this probably shouldn't have happened, don't read too much into this, why don't you drive me home?"
Followed by six weeks of escalating "YOU BASTARD!"
That's how it WILL sound to a jury.
The facts of this case do not line up well for Jane Doe.
The primary witness against her is Jane Doe.
