Columbia Settles a Complicated Sexual Assault Case

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“They drill it into your head that New York is a one-party consent state as far as recording conversations,” he said, “and that you might need that to protect yourself at some point.” The tape, which Mr. Feibleman allowed The New York Times to review, is like a mash-up of a sex tape, a sting operation and a legal deposition.

They are talking about sex almost as soon as the tape begins. Her voice sounds drowsy, sometimes slightly slurred. When they are not whispering, his voice sounds clear and in control. He tells her that he wants her “so bad” but not “when you’re drunk.” She asks whether he finds her attractive, and he says she is “gorgeous.”

“Show me,” she says.

“Not tonight,” he says.

“In the morning, you’re going to thank me for leaving,” he says about eight minutes into the recording.

Minutes later, the tape takes a sudden turn in tone.

“Jesus Christ, OK — wait,” the woman says. “No. No. No. No. No. No. No. No, wait. No. What’s going on?”

Mr. Feibleman answers: “Um, you want me to have sex with you.”

Continuing to sound confused, she notices that she does not have any pants on and asks him, “Is that weird?”

He says she took them off.

“That sounds like a lie,” she says.

Soon after she says, “I need more information.”

Mr. Feibleman tells her what happened that night. She says she does not remember any of it.

At the end of the recording, as Mr. Feibleman is finally leaving, the woman says, “Please, please, Ben, I want you.” He asks her for a kiss good night and she says “No,” twice. He says good night, pets the cat on the way out, then signs off the audio saying, “That was a really dangerous situation.”


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