Law & Order: Special Victims Unit (1999–…): Season 2, Episode 10 - Consent - full transcript

Benson and Stabler investigate the case of a college girl who is raped during a fraternity party, but who can't remember what happened. The medical investigation reveals a date rape drug in her system, which leaves the detectives with several suspects and accomplices.

In the criminal justice system

sexually based offenses

are considered especially heinous.

In New York City,
the dedicated detectives

who investigate these vicious felonies

are members of an elite squad

known as the Special Victims Unit.

These are their stories.

Guy's a slacker.

Didn't contribute, showed up late.
Study group didn't need the dead weight.

What'd you do? Tossed him
out on his pompous ass.

Hey, there's that bum again.

What's he up to? Probably
fertilizing the bushes.

Hey, Harry.

Where you going, Harry?

Oh, my God.
Oh, man.

Name's Kelly D'leah,
student at Hanford.

Couple of joggers found her in the bushes
off the campus quad about 7:00 a. m.

Her condition?
Semi-conscious, no panties...

smell of alcohol
on her breath.

Cordoned off the area, called
CSU. Partner's still on scene.

What'd the doctor say?
That's him. Hey, Doc...

Detectives Benson and
Stabler. What do we got?

She's a little vague on the
details, but has all the earmarks.

Abrasions to knees, arms, bruising
about the pelvis and neck, hickeys.

Rape kit turn up anything?
Haven't done it.

Once I started the exam,
she refused to proceed.

I was hoping you might
be able to persuade her.


Just a little longer.

And that should do it.
Okay, Kelly. The exam's over.

This is a high dose of oral
contraceptives. Birth control pills?

The doctor found semen.

What? The rapist didn't use a condom.


The pills will
prevent pregnancy.

We'll also give you
an antibiotic for any STDs...

that may have been transmitted. No.

No, I can't.

You can't what, Kelly?
I can't deal with this.

Okay, sweetheart, you don't
have to decide right now.

But you will have to
within the next day or two...

or the regimen
will be ineffective.

You don't understand...

I'm a virgin.

Hi, I'm looking for Kelly D'leah.
They brought her in this morning.

Are you a relative?
No, her roommate, Dana Kimble.

I just brought her
a fresh change of clothes.

Dana. Detective Stabler.

I came as soon as the
hospital called. How is she?

She's still with the doctor.

Tell you what, though. Come on
over here, I'll talk with you, okay?

Should be finished soon,
but in the meantime...

do you know
where she was last night?

She was out with Tess and Jodie,
a couple of our sorority sisters.

They said she was still partying at
the Beta Lambda house when they left.

What time was that?
About 1:30.

They say who they left her with?
Joe Templeton and Hank Ludlow.

They friends of hers?

I wouldn't exactly call them friends,
but I know Joe had a thing for her.

Okay, what's
that mean, "thing"?

Ever since she shot him down
at a rush party last semester...

he's been on her to go out
with him. Why won't she?

She knows his type.
What type is that?

He's a player.

You know, she flirts with him
to tweak his ego a little bit.


She knows where
to draw the line.

That's why I got worried when
she didn't come home last night.

Okay, excuse me
one second, okay?

Doctor confirms semen
and a torn hymen.

Unfortunately, the victim's
a little vague on details.

Blood alcohol's
still point 0.4.

Roommate said she'd been out partying
with two frat boys last night.

Let's hope they can explain
how she wound up in the bushes.

I got a crime scene here.

Should we rescue Gordy
from the campus fuzz?

Better, or we'll be here
all day.

Look, it'll take as long
as it takes.

We need this area cleared for
pedestrians. What's the problem?

We got 10,000 students swarming
this quad by 9:00 a. m...

and your guys are still beating the
weeds looking for God knows what.

It's a crime scene, Barney.
They're looking for evidence.

Name's Monroe, Detective...

and crime scene or not,
this is private property.

The city's gonna pay
for these shrubs?

I arrest you for obstructing justice,
the university gonna pay your bail?

Just make it quick, will you?

What do you got?
Used condom...

handbag with the victim's
hairbrush and ID, and this scarf.

Bag it all.

Where are the joggers?
Up there.

I'm Detective Munch. This is
my partner, Detective Tutuola.

We understand you found her. She
was laying down in the bushes.

At first, I thought she was
dead, then I heard her moaning.

She say anything?
A name. Josh, or John.

It was hard to make out.
Anybody else around?

Just this little creep
who loiters around campus.

What's he look like?

Greasy hair,
wears an old army coat.

Took off the minute he spotted
us. Where can we find this guy?

Want some syrup with
those flapjacks there, slappy?

I didn't do anything.

Why'd you run?
You were chasing me.

You Kelly D'leah?
No, it's Harry.

Harry, you're under arrest for
possession of stolen property.

So take us through it, Kelly.

Jodie, Tess, and I left the house about
9:30 and headed to the Kollege Keg...

a bar near campus.

Is that where you met up
with Joe and Hank?

Yeah, they invited us to
join them at a booth.

How long did you stay?

An hour, maybe two.
Then what happened?

We went to the Beta house to
play video games in Joe's room.

Tell us about Joe.

Not much to tell.
Typical frat rat.

Your roommate said
that he had a thing for you.

We flirted,
but it's not serious.

What about Hank?
You gotta be kidding me.

Did either one of these guys
make sexual advances toward you?

Not more than usual,
but we were just having fun.

How much
did you have to drink?

One or two glasses
of margaritas.

A few sips of beer
at the house.

What's the last thing
that you remember that night?

We were all sitting on the
floor, talking, laughing...

and after that, it gets fuzzy.
What do you mean, "fuzzy?"

I remember feeling cold...

and someone
pulling on my hair.

But then, nothing.

I didn't think that I was drinking
that much, but I must have been.

This wouldn't have happened
if I wasn't, right?

Oh, God, what did I do?

What did I do?

Stellar bio you got here,
Harry. Petty theft, vagrancy.

Even pinched a couple of times for
window shopping at the girl's dorm.

I never hurt anybody.
So, why you taking souvenirs?

Found them in the bushes.

I was on my way to lost
and found to turn them in.

Since when is lost and found
in a dumpster?

I had to eat first.
Come again?

Breakfast leftovers,
they get tossed by 11:00.

Wanted to get my eats
while they were still hot.

You think this is a joke?

No joke.

I go there everyday.
Not anymore.

We got you on possession
of stolen property.

And we're a blood test away from
nailing your little scruffy ass for rape.

Should've used a condom, Harry.
Please, I can't stand needles.

No needles, please. Then
look, come at us straight...

and maybe we can work
something out.

All right.

I was making my rounds...

she came out of the house.

What house?
Frat house.

She was all wobbly, like
she was drunk. What time?

Sun wasn't up, but it was
getting light. I followed her.

She fell down a few times,
got up.

Last time, she stayed down.
I went over.

She was out cold.

I took the money...

the cards.

I never raped anybody.

You sons of bitches.

You said I wouldn't have to take
a needle. Yeah, well, we lied.

What do you think?

If he was moving his way up
the food chain...

from peeping Tom to rapist, she
would have been an easy mark.

On the other hand, if his blood
test comes back negative...

we're back to square one.
What did you find at the scene?

Usual collegiate artifacts, used condom.
But since the rapist left semen...

Test it anyway. What
about the missing panties?

Still missing. Along with
about six hours of memory.

All right, talk to
her party companions.

See if we can start filling
in some of that missing time.

We got to the house
about 11:00.

What'd you do once
you got there?

We went to Joe's room to play
strip poker on his computer.

You been drinking?
We were all pretty happy.

But, Kelly was pretty loose.
Really? How loose?

She was hanging all over Joe,
making a fool of herself.

But what else is new?
That happen a lot?

She was always glued
on somebody.

How long were you at the
Beta house? For a while.

But when Kelly stripped down
to her bra and panties...

Tess and I decided
to call it a night.

You guys just left her there?

She was giving Joe
a lap dance.

And Joe?
He was lapping it up.

Wouldn't you?

Yeah, she had the hot ticket.

And I'd have been happy to punch it for her
if she hadn't have puked all over the floor.

Kind of put the old muzzle on Mr.
Happy, if you know what I mean.

Anybody witness
this fateful hurl?

Yeah, sure. We set up
bleachers and charged admission.

What did you do after the wind
went out of your little sail?

I left her on my bed to sleep it off. And
I went downstairs to crash on the sofa.

I was in the TV room
watching wrestling...

and Joe came in, threw me a blanket.
Told me we were sleeping there.

You know, luckily, I had a good
buzz on. I passed out on the floor.

And you got no idea how Kelly
wound up in the bushes?

Look, man, I don't know
what this chick told you...

but I heard she worked her way
through the Kappa Sigs...

before setting her sights
on Joe. So she had it coming?

I didn't say that.

But I can tell you for a fact
that it wasn't Joe or me.

Harry's blood type
doesn't match the semen.

Any luck with her friends?

According to her sorority sisters,
she was making all the moves.

I thought she was a virgin.

Word on campus was, she was doing a
lot of practicing for her oral exam.

So she deserves to be raped?

We don't even know
if those rumors are true.

Yeah, but witnesses said
she came on to Joe.

No, witnesses said she flirted. A lap
dance sends a pretty strong signal.

She was drunk.
So was he.

So that excuses him?

No, but her behavior's
open to interpretation.

She might have played it out and woke
up with a case of buyer's remorse.

So now we're blaming the
victim? Nobody is blaming her...

but we all know how hard it is to get
an indictment on a he-said, she-said...

even without the ambiguities.

That was the lab.

Tox screen just came back. They
found traces of GHB in Kelly's urine.

So much for the ambiguities.

Only one reason to slip
someone a date rape drug.

Find out who spiked her drink,
you find the rapist.

I met with
the dean of students.

She said if I don't
press criminal charges...

she can have the university's
disciplinary committee...

handle my case
without a public trial.

Rape is a criminal offense.
What if it was my fault?

Jodie and Tess said I was
half naked when they left.

I don't even remember.

That's because they found GHB
in your system.

What's GHB?

It's a drug
that reduces inhibitions.

The vomiting and the chills
were side effects.

You could have died, Kelly.

But I didn't take anything.

Somebody probably
slipped it into your drink.

Whoever did this to you took away
your ability to consent to have sex.

He raped you.

Who? That's what we're
trying to find out.

But we need you to help us.

You said you were drinking
margaritas at the bar.

You ever leave
your drink unattended?

Joe and I got up to dance, and
I went to the restroom once.

But both times, I left my glass
on the table with everybody else's.

How'd you feel when you left?
Fine, I guess.

You go straight to the frat
house? Had a beer there?

They kept pouring more
into my glass.

But, that's when I started
to feel dizzy, so I stopped.

Did anybody else join you at the
frat, once you got to Joe's room?

Wally Parker.

Who's Wally Parker?

One of the brothers.
But he didn't stay long.

So, that leaves
Hank and Joe.

You think it's one of them?
We don't know...

but for now, why don't we just keep
this conversation between us, okay?

If anything turns up,
we'll let you know.

You know how many frat rats
come in here every night?

I wonder how many of them
are underage.

Suppose we send in
an undercover team and see.

It's the Babe.

Bets me $20
against a free beer...

that he can call a home run
at the top of the night...

like Babe Ruth
in the World Series.

Points out a girl,
if he bags her, he wins.

What's his batting average? He
drinks a lot more than he pays.

He ever take a swing
at this one?

The other night.

She walked in with
a couple other hotties.

Joe was sitting here
with his sidekick. Hank?

Yeah. Joe picked her out
and laid down his bet.

Only this time,
bets me $50 against a pitcher.

Getting cocky?
Ain't cocky if you deliver.

Did he deliver with this one?

Half hour later,
he's walking her out the door.

I'm telling you, guy's got
an eye for the long ball.

Yes, I spoke to Miss D'leah
this morning...

and I gave her
my full support.

But you tried to talk her out
of pressing criminal charges.

I gave her an alternative
to criminal proceedings.

The decision is hers.

How exactly does this disciplinary
committee of yours work?

It's composed of three
students and three faculty.

Each presents their case, along
with three other witnesses...

then the committee deliberates
and renders a decision.

What kind of sentences
do you hand down for rape?

Since we don't have criminal
jurisdiction, we can't incarcerate.

However, we can suspend,
and, if warranted, expel.

Has Joe Templeton or Hank Ludlow been
involved in a case like this before?

I'm not at liberty to say.

Dean Richter, you realize we're talking
about a girl who's been drugged and raped.

I'm not unsympathetic.

However, I cannot release
a student's private records...

unless I have written
permission, or a court order.

Sometimes the thought of Maureen in
college scares the hell out of me.

I don't blame you.

Higher education used to mean
B.A. s and Ph. D.s.

Now it's roofies and GHB.

And deans with confidential
disciplinary committees.

It's an extension of the loco
parentis role of the university.

They prefer to keep
these matters in house...

to save the students
the ordeal of a public trial.

And to relieve the school
of any public embarrassment.

The dean definitely did not feel
comfortable playing public relations...

which makes me think those student
records are gonna tell us a story.

What'll it take to
get those records?

The university will quash a
subpoena without more evidence.

Evidence. No evidence
without those records.

Hell of a catch-22.

If this guy is a sexual predator,
chances are he's left other victims.

If we establish a pattern,
we've got our probable cause.

Any suggestions?

Fin and I made friends with a guy
in the campus police department.

We did?
Nick, the campus dick.

Maybe, we can appeal to his fraternal
sense of brotherhood among cops.

Kelly also mentioned a third
guy that was in Joe's room.

Maybe he's worth a shot.

Tell you what, at this point,
anything's worth a shot.

All right, I'll see you later.
Wally Parker?

Can I talk to you a minute?

Is this about Kelly? We heard
you were there the other night.

Not for long. I had a philosophy
exam, so I left to study.

Now, before you left, did you
have any interaction with Kelly?

What do you mean?
You talk with her?

A little.

She seem lucid to you
at the time?

She was partying.
Was she dressed?


Anything seem out of
whack to you? Like what?

You tell me.

You either talk to us here,
or you talk to us downtown.

Because right now we got you
pegged as an accomplice...

so you'll have plenty of time to test the
bonds of brotherhood in criminal court.

About 1:00, I went downstairs
for a drink of water...

I saw Hank and Joe
sacked out in the TV room.

And when I went back upstairs, she
was in Joe's room by herself, crying.

Over what?
She wouldn't say.

Her hair was messed up, and
there was vomit on the floor.

She looked like
she needed a friend.

I offered to walk her home,
and by the time I got my coat...

she was already gone.

Back to bust my chops?

Actually, we came
to apologize.

We might have been a little
harsh with you the other day.

You know how it is,
boss breathing down our necks.

Bad day all around. We're
not all windup cops, you know.

I'm finishing my criminology
degree next month...

and applying to the Feds.
My cousin's a G-man.

I could put in a good word
as a professional courtesy.

Why don't you tell me
why you're really here?

We need some information on a student
who may have caused you problems.

Joe Templeton.

You make him for the
doer in that rape? Maybe.

We'd like to pull
his records...

but we're having problems getting
past the gatekeeper in the ivory tower.

And you want me to ignore university
policy to help you make your case?

We want you
to help us nail a rapist.

Off the record,
the guy's a piece of work.

In fact, I take more calls on that
house than any other frat on campus.

What's his deal?

Last semester, a woman on the
swim team claimed he raped her.

Why isn't he in our system?

She pressed charges through the
university's disciplinary board.

Any details?

Templeton got her drunk, did
her while she was in a stupor.

Mandy Schumacher?

I'm Detective Munch. This is
my partner, Detective Tutuola.

Can we talk?

It was a rush party.

He started hitting on me
the minute I walked in.

We danced,
and I had a lot to drink.

The only thing I remember is him
on top of me, pulling my hair.

I must have blacked out.

Next morning, I woke up
with these God-awful hickeys.

I don't even know
how I got home.

If you blacked out, how
did you know you were raped?

I didn't...

until a few weeks later, when
I found out I was pregnant.

I did the math.
It had to be him.

I ended up getting an
abortion. What else could I do?

Why didn't you call
the police?

I spoke with my advisor
and a lawyer.

Both agreed that I didn't have
much of a case...

since there was no evidence,
and I couldn't remember anything.

So I filed a complaint
with the review board.

They found him guilty of
conduct unbecoming a student.

He got put on probation
for one academic semester.

You run into him since?

Yeah, we see each other
on campus from time to time.

He even tried to ask me out.

I slapped him.

Now he just snickers when he
passes by with his buddies.

It's like being raped
all over again.

Final labs
from Kelly's rape kit.

In addition to semen, the rapist
left behind another little gift.

The gift that keeps on giving.

He either doesn't know
he has it, or doesn't care.

How could he not know?

Some carriers
don't show obvious symptoms.

Which means he could have
infected others.

Or still may.

We tie Joe to the GHB,
we can arrest him.

We got enough for a
search warrant? Not yet.

But we've got enough to secure
a subpoena for his records.

And if those records
bear out Mandy's testimony...

that'll give us a
search warrant. Let's go.

I'm sorry, Robert, I'll call you
back. There's your court order...

directing you to turn over
any personal, academic...

and disciplinary files
for the individuals listed.

You can't just walk in here
and invade their privacy.

They're not even home.
We can and we are.

Sir, please.
Get out of our way, squirt.

Okay, look what we got here.

Blood stains. Didn't
bother to change the sheets.


could be the mother lode.

I'll take it to the lab, we'll
have an answer in an hour.

See these graphic representations? Yeah.

Each color represents a chemical
with a specific refraction rate.

The graph on the left shows
the breakdown of the GHB...

extracted from
the victim's urine.

The graph on the right represents
the sample taken from the eyedropper.

What do you see?
They look the same.

That's because they are.

The chemical composition of
the two samples is identical.

We find out who made it, we
find out who drugged our victim.

Right. How do you
make this stuff?

The GHB tends
to be home-brewed.

Often using cleaning solvent or
paint remover as base compounds.

But this batch
is uncommonly pure.

Whoever cooked it
had access to a lab.


Joe's been a busy guy.

Every one of Mandy's witnesses
against Joe has a story to tell...

none of them flattering.

Gets them drunk, lures them to his
room, the hair pulling, the hickeys.

It's like he's following
a play book.

According to this, he offered
up only two witnesses...

in his defense.

Hank Ludlow, and his own
father, Joseph Templeton Sr.

Now, what's his father doing
at a rush party?

Character witness only.

Guy must have some heft
with the university.

Here we go.

Mentions a chair he endowed
at the law school.

Head of an alumni committee,
overseeing a building fund.

No wonder little Joey got off
with a slap on the wrist.

Not this time. Go.

Hank Ludlow...

you're under arrest for possession
of GHB, a controlled substance.

Joe Templeton...

put your hands right there.

You're under arrest for possession
of GHB and the rape of Kelly D'leah.

This is ridiculous.

You have the right
to remain silent...

and refuse to answer any
questions. Do you understand?

Anything you say can and will be
used against you in a court of law.

You have the right to an attorney. If
you cannot afford one, one will be...

I demand to see my son.

I'm sorry, Mr. Templeton, but he's
in with the detectives right now.

I'm his father.
I have a right to be with him.

He's an adult under the law, and in
point of fact, you don't have that right.

Do you want me
to go over your head?

I'm not some college provost
you can intimidate with threats.

Now you wanna gun for me, sir,
you give it your best shot.

But it won't help
your son one damn bit.

You have children, Captain?


I just want him to know that he
doesn't have to go through this alone.

Then be there for him.

But in the eyes of the law, Joe is
responsible for his own actions...

and this time, he's gonna have
to stand on his own two feet.

The eyedropper
was a cute idea.

It's not mine.

Then how did it
end up in your waste basket?

I have no idea.
And the girl's underwear?

I already told you that she slept in
my bed. And her blood on your sheets?

I can't help you.

The urine sample
you gave already has.

It tested positive
for gonorrhea.

What? No.

No, I don't have gonorrhea.
Yeah. Yeah, you do.

And since Kelly was a virgin
before you raped her...

we know that she got it from
you. Circumstantial, at best.

It's good enough
for an indictment.

And if his DNA matches
the semen from the rape kit...

he'll be transferring to a campus
upstate. You understand that?

Assuming you can get a court
order for the blood test.

Please. We both know that
that's just a formality.


we'll wait for the results of that
formality before responding to your charges.

Let's go.

Possession of GHB is
a schedule one offense.

With your past record...
What past record?

The juvie hit for
possession of ecstasy.

That record was expunged after my
client finished his community service.

It was expunged on the condition that
he keep his nose clean until he was 21.

Your client's only 19.

We'll start with possession,
move to acting in concert...

top it off with rape.

Wait a minute.
Enough with the scare tactics.

What are you offering?
What are you selling?

I never saw the stuff.
How did it get in your room?

I don't know.

But Tess and Jodie were
acting weird all night.

They kept topping off Kelly's
beer, and calling it a love potion.

I thought they were just
trying to get her drunk.

Is your roommate in on this?


All I know is...

after the girls left...

Joe tossed me a blanket
and told me to hit the bricks.

Said he was about to hit
another home run.

According to Hank, Joe spent at
least a half hour alone with Kelly...

before he went
downstairs to crash.

His statement also implies a conspiracy
between Kelly's sorority sisters...

for which we have no motive
and no proof.

Why would her own sorority
sisters set her up to be raped?

Exactly what
the grand jury's gonna ask.

We don't supply an answer,
our whole case looks suspect.

If they are involved...

Tess and Jodie are not gonna be
very forthcoming with a motive.

But I know someone who might.

Kelly and Tess didn't get
along very well at first.

In fact, Tess tried to get
Kelly dinged during pledge week.


Rejected by the membership.

Look, Dana, I understand that
your sisters are pressuring you...

but your friend was
drugged and raped.

Now you need to decide
what's more important...

living with them,
or living with yourself.

Joe and Tess
were dating last semester.

Kelly was new.
She didn't know.

When Joe checked her out at a
rush party, she flirted back.

Tess was furious.

When Joe dumped her,
she blamed Kelly.

Tess the type of person
to hold a grudge?

A few weeks ago, I heard her
and Jodie in the bathroom.

Tess found out
she had the clap.

She get it from Joe?

They were whispering.

All I heard was something
about getting even.

Things got a little strange
after that.

She started acting
really friendly towards Kelly.

You know, even offered
to be her big sister.

But behind her back,
she was spreading rumors...

about Kelly and how
she was sleeping around.

Tess ever mentioned anything
about drugs?


Did you ever see her or Jodie
handling a clear substance...

possibly in an eyedropper?

I saw them mixing chemicals
in their room.

When was that?

The night before
they went out.

It looked like homework.

Tess was reading
from her biochem notebook.

That's Tess's station.
Open it.

Bag everything.

What are you doing?

Lab TA said some items
are missing from storage,

we thought they might
have been...

misplaced in your drawer here.
Perhaps you could save us the trouble.

You been out for a little jog?
What are you doing in my room?

It's all in the warrant.

This is harassment.
So sue me.

You're a biochem major, aren't you? So?

So, how about educating us to what the
scientific name for this little formula is?


Tess, possession is
just the beginning.

Now we prove conspiracy,
you're looking at rape.

Rape? You took away
her ability to consent.

You'll never prove that.

One of your sorority sisters already
decided to break the code of silence.

Told us how Joe gave you the clap
before he dumped you for Kelly.

I mean, what better way to
get back at the little tease...

than making sure she paid
full freight for the ride?

And GHB was the ticket.
We traced the chemicals...

we know where
you mixed them.

All we have to do is execute
another search warrant...

and we're gonna have more than
what we need...

to put you and your accomplice
away for a very long time.

I better call a lawyer.
Be my guest.

You think she'll take the
bait? We'll know soon enough.


You bitch.

Prison is no sorority, Jodie.

On the bright side, you
still might be young enough...

to have kids when you get out.
You don't scare me.

What if I told you we have enough
evidence to send you to prison?

My father would
never let that happen.

Your fingerprints on the eyedropper.
Daddy can't help you with that.

Look, Jodie,
I was in a sorority, too.

I understand that the bonds
of sisterhood run very deep.

But Tess sold you out.

She would never do that.

She made a phone call
that put you in the basement.

We know she was the one
who had the beef with Kelly.

You just did the dirty
work for her. Look...

you tell us the truth...

and we'll try to convince the DA to
take your cooperation into consideration.

You don't know Tess.

If she did that to Kelly...

I'm James Woodrow,
Miss Tomlinson's lawyer.

Her father, Justice Tomlinson,
sends his regards.

And meanwhile, my client is
invoking her constitutional right...

to keep her mouth shut.

Jodie's lawyer
has pulled the plug.

I think he'll reconsider, once he
and her father see the evidence.

At least we've got them on possession,
possibly rape three, acting in concert.

Now the bad news.

Joe's and Hank's DNA don't match
the semen from the rape kit.

Are you sure?
Lab checked it twice.

So we got a rape, but we
still don't have a rapist.

What about Joe? Doesn't
the clap implicate him?

Gonorrhea cannot be genetically
traced. So without the DNA...

This is interesting.

Remember that ugly scarf with
all the little fish on it?

The one they found
in the bushes?

Lab lifted two distinct
hair fibers from it.

One belongs to Kelly,
the other matches the semen.

Looks familiar.

We found it where you fell.

There were hairs on it belonging
to you and another person.

The guy who raped me?
That's what we believe.

Think hard, Kelly.
This is a very unusual scarf.

You frat boys
and your nicknames.

Walleye. That's a kind
of fish, isn't it?

That wasn't a very bright
move, giving Kelly your scarf.

I didn't.
You saying she stole it?

She must have.

From where?
I don't know.

You don't know
where you keep your clothes?

I don't know how she got it.

Why don't we try and figure that one
out? You said you were in Joe's room.

I left to study.
I meant later...

when you found Kelly alone.

Like I said, I offered to walk
her home, but she left without me.

The hair fibers on the scarf, match
the semen that you left on Kelly.

Why'd you lie, Wally?

When I saw her
sitting there...

she looked so sad.

I took her to my room...

and I brushed the hair
back from her face.

And for the first time...

she looked at me
like she actually saw me.

And we sat on my bed...

and talked...

and then she kissed me.


the rest just happened.

I didn't know she was drugged.

I thought she wanted
to be with me.

It doesn't matter if Wally
knew, it's rape by statute.

Could we offer him a deal?

His DNA is the only concrete evidence
we have linking rapist to victim.

I can't afford to compromise my case
against the others by dealing him out.

Yet, somehow that
does not seem right.

The kid goes down
because he misread signals?

If we offer him a deal, we send
mixed signals to the grand jury.

I can't ask them to indict
the sorority sisters on rape...

without offering up a rapist.

The case against Joe that
shaky? It's circumstantial.

By itself, it's probably not
enough to secure an indictment...

for acting in concert.

You mean, after all this,
there's a chance Joe could walk?

Which is why we can't afford
to lose Wally as a defendant.

If we can secure indictments
across the board...

I might be in a position to
offer him a lesser charge...

in exchange for his testimony.

I'm nervous.

You're gonna do fine.
Just listen to Alex.

She'll guide you through
the testimony, step by step.

Will any of them
be in the room?

No. Just you, Alex,
and the grand jury.

I hope I'm doing the right
thing. Kelly, you are.

I still can't remember anything.
What if they don't believe me?

Just tell them what you know.

The other witnesses
will tell them the rest.



I thought you said
they wouldn't be here.

They won't be inside.
I promise.

I was lying on my back
in the hospital, shaking.

The doctor told me...

I'd been raped.

I was scared.

It's like someone stealing
a piece of your soul.

And even when you find out
who, and how...

you can never get it back.

I may not remember
that night...

but I do remember
my life before it...

and I'll never be
that person again.

GHB acts as an intoxicant...

depressing one's inhibitions
and making one extremely pliable.

Does the drug affect
one's memory?

In nearly all cases, the victim
suffers permanent short-term amnesia.

We found a notebook
belonging to Tess Michner.

Underneath the heading "Love
potion," was a formula for GHB...

which exactly matched the GHB
found in Kelly D'leah's blood.

Now, a few days later...

base chemicals were discovered
in the sorority basement...

and fingerprints
subsequently tied...

Tess Michner and Jodie
Tomlinson to the containers.

I saw Tess and Jodie
mixing chemicals...

in their bedroom the night
before they went out with Kelly.

What were they mixing?
I don't know.

But they called it
a love potion.

They kept laughing and filling
Kelly's glass.

Did Joe say anything to you

when he sent you
from the room?

That he was going
to hit a home run.

And who was in the room
when you left?

Just Joe and Kelly.

The examination revealed a torn hymen,
semen, and the presence of gonorrhea.

Can gonorrhea be transmitted
without leaving semen?

Yes, if the individual
penetrates without ejaculating.

DNA analysis matched
the semen to Wallace Parker.

However, that semen was free of gonorrhea.
What does that suggest to you, doctor?

Someone else
infected Kelly D'leah.

We discovered underwear stuffed
between Joe's bed and wall.

Blood spots on his sheets
also belonged to Kelly D'leah.

The crime lab analyzed a
sample of Joe Templeton's urine.

What did they report? He
was infected with gonorrhea.

How we doing?

About as well as could be
expected. How are you holding up?

All right, I guess.

You wanted to see us?

Wally's lawyer served us
with a cross 190.50.

What's that?

It means that Wally is
exercising his right

to testify in front
of a grand jury.

What's he have to say?
I don't know.

I was hoping
you could tell me.

I told you,
I don't remember anything.

I don't think Wally's lawyer would
risk a grand jury appearance...

if he didn't think his client
could be persuasive in an argument.

A DNA match
will make anyone desperate.

Unless there's
a mitigating explanation.

Can you think of anything that
might have happened that night...

to lead Wally to believe
his advances were welcomed?

Anything that might be
construed as consent?

I can't remember. Okay,
what about before that night?

Think hard, Kelly.

Did you ever flirt with
him even just a little? No.

Well, maybe.

Tell me.

We had a couple classes

He was a whiz
at the classics...

so I invited him for coffee a few
times afterward just to pick his brain.

You know... And yes, I
knew he had a crush on me...

but I never... What? That
doesn't mean I'm a slut.

Kelly, we know.

It's just, it might give them the
ammunition they need to plead innocent.

I knew I shouldn't have
gone through with this.

Okay. So what can you do?

after he makes his statement,
I get to cross examine him.

Don't worry,
I'll go after him.

It began as a friendship...

and became something more,
that night.

We had sex.

But I didn't know she was
drugged. I swear, I didn't know.

Mr. Parker, just a couple of
questions for clarification.

You saw the vomit on the floor. Yes.

You saw her disheveled appearance. Yes.

Her matted hair, the watering eyes. Yes.

And you still didn't know
she was under the influence...

when you asked her into your
room? I thought she was tired.

Upset, maybe.

She looked sad.

And you took that as
an invitation to have sex?

No, I mean...

Did she say she wanted
to have sex with you?

She flirted with me.

In class, at the coffee shop.

Did she say she wanted to
have sex with you then?


Did she say she
wanted to have sex with you...

the night that you took her into
your room? She didn't have to.

I'll take that as a no.

She kissed me.

And you took that kiss as
the green light to go ahead?

She never said no.

Her shirt was stained
with vomit...

her hair was matted,
her eyes were blurry...

and you still thought
she wanted to have sex?


I guess it was just
your lucky night.

What is taking so long?

Don't read too much into it.

They have a lot of evidence
to sift through...

a lot of testimony
to consider.



The grand jury indicted Tess
and Jodie on possession...

but they didn't return charges
against Wally or Joe.

They're saying I wasn't raped?

But what about the semen,
the gonorrhea, the hickeys?

Apparently, the grand jury
split on the issue of consent...

they believed that you were drugged, but
they didn't believe that the guys knew.

On the other hand,
the dean expelled them all.

Hardly seems worth it.

Kelly, you did
the right thing.

I never took those pills
the doctor gave me.

I don't know why,
but I just... I couldn't.

What if I'm pregnant?

I'm probably not
the best person to ask.

What about my parents?

I haven't told them yet.

Might be a good time, huh?