A woman walks by a Yale sign reflected in the rainwater on the Yale University campus in New Haven, Conn., Aug. 22, 2021. In a decision that could have national implications on how colleges investigate sexual assault allegations, Connecticut’s highest court ruled on Friday, June 23, 2023, that a former Yale student is not immune from a defamation lawsuit by a fellow student who was exonerated after she accused him of rape. (AP Photo/Ted Shaffrey, File). Inset: Attorney Norm Pattis (via Law&Crime Network).
The one-time Yale University student who was acquitted at trial of raping a fellow student can move forward with his defamation lawsuit against the school and his accuser.
The Connecticut Supreme Court found that the accuser, identified in court documents only as Jane Doe, was not immune from a defamation suit by accused rapist Saiffullah Khan. In 2015, Doe accused Kahn of sexually assaulting her in her dorm room; Kahn has insisted the encounter was consensual.
Kahn was criminally charged with sexual assault, and in 2018 was acquitted on all charges.
Although Kahn was readmitted to Yale after his acquittal, he was expelled from the school in 2018 following a hearing at Yale about the 2015 alleged assault. Also that year, Kahn faced a second assault allegation, this time from a man who said Kahn hit him during a three-way sexual encounter with a woman.
Kahn sued Yale and Doe in 2018, alleging defamation and tortious interference with business relations. Lawyers for Doe argued that she was immune from such a lawsuit, while Kahn said that Yale’s procedures for handling sexual assault complaints were not “quasi-judicial” and didn’t afford Kahn the right to defend himself the way that he could in criminal court.
The Connecticut Supreme Court agreed with Kahn, and the ruling from the state’s high court was unanimous.
Khan is repped by Alex Jones attorney Norm Pattis, who is known for taking on clients who can be described as controversial, at best.
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“We are obviously delighted,” Pattis told Law&Crime in an email. “The case now goes back to the Second Circuit for clarification. Briefs are due there later this month. We hope the case returns to the trial court soon so that we can pursue damages for a reputation destroyed.”
When asked whether this case could potentially discourage sexual assault victims from coming forward for fear of facing a defamation claim, Pattis said that it falls to institutions to provide a fair process for everyone involved.
“Concerns about complainants can easily be addressed by fair procedures,” Pattis said. “Yale needs to read the Supreme Court opinion, do some soul searching and reform its process. That’s not asking for much, even from Yale.”
“Yale is arrogant,” Pattis added when asked to elaborate.
Representatives from Yale did not immediately respond to Law&Crime’s request for comment.
Read the Connecticut Supreme Court’s ruling here.
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