AROUND HIGHER EDUCATION: Harvard student pleads guilty in rape case

The Harvard Crimson CAMBRIDGE, Mass. (U-WIRE) -- Six months after denying charges in the rape and assault of a fellow Harvard student, Harvard junior Joshua Elster reversed his earlier pleas last week and accepted an agreement under which he will serve three years probation but no jail time. Elster pleaded guilty in Middlesex Superior Court to three counts of rape -- one for each type of penetration -- two counts of assault and battery and one count of indecent assault and battery. Under the conditions of the sentence issued by Judge Paul Chernoff, Elster is prohibited from further contact with the victim and cannot walk on Harvard property or enter its buildings during the three years. After that time, Elster could legally return, pending approval by Harvard's Administrative Board. Elster is probably the first Harvard student to plead guilty to rape, according to longtime Harvard administrator John Fox. Chernoff said that settling a rape case without a trial "makes a judge uncomfortable" but said he accepted the agreement struck by prosecutors and Elster's attorney. "Given the facts in the case the sentence is not the appropriate sentence, but it is the appropriate resolution in this case," he added. Elster, speaking through his attorney, had contended that he and the victim had engaged in consensual sex. But Assistant District Attorney Thomas O'Reilly told The Crimson that the prosecution had enough strong evidence to bring the case to trial, including pictures of a bruise on the victim's cheekbone and numerous scratches on her back and chest, reports by doctors and nurses and statements from witnesses who saw her immediately after the incident. He added that he was hesitant of "revictimizing" the victim by forcing her to testify at a rape trial. "She wanted the defendant to admit he did it and leave her alone and stay away from Harvard," O'Reilly said in court. "This young lady wants to get on with her life and finish her education." According to evidence presented in court, Elster and the victim first engaged in consensual kissing. Then, when the woman rejected his further advances, Elster struck her across the face, forced her to disrobe and raped her. He then left. "Even months later, the victim still has nightmares and trouble sleeping," O'Reilly said. "It has affected her friendships."