"She wanted the defendant to admit he did itand leave her alone and stay away from Harvard,"O'Reilly said in court. "This young lady wants toget on with her life and finish her education.That is why the complainant has accepted thisrecommendation."
Chernoff said "if it were not for the strongfeelings [of both parties to prevent the case fromgoing to public trial], this case would go totrial."
According to O'Reilly, often sex offenders likeElster first plead innocent because they cannotadmit their crimes but later decide to professtheir guilt in return for lighter sentences whenthe prospect of jail looms closer.
According to evidence presented in court, thevictim and Elster knew each other for about oneand a half months before the incident occurred.They exchanged e-mail messages and then arrangedto meet in her room on Jan. 29.
Elster and the victim first engaged inconsensual kissing. Then, when the woman rejectedhis further advances, Elster struck her across theface, forced her to disrobe and raped her. He thenleft.
Neither was under the influence of alcohol.
The victim's suitemates found her crying in thebathroom and took her to University HealthServices. The Harvard University Police Departmentremained involved throughout the case.
"She still has nightmares and still has troublesleeping," O'Reilly said. "It has affected herfriendships."
Elster's attorney Kenneth F. D'Arcy '58 saidElster has been living in Boston, supportinghimself by working at a bakery.
Elster will now probably return to his home andfamily in Arizona, D'Arcy said.
If Elster does decide to seek rein-statement tothe College three years from now, his requestwould be considered by the Ad Board, but "therewould have to be good reasons for him to comeback," said Dean of Students Archie C. Epps III.
Dean of the College Harry R. Lewis '68 praisedthe court's decision but said Harvard must stillconsider its next move.
Following the victim's earlier request, TheCrimson did not seek her comment. D'Arcy andElster refused requests for comment by TheCrimson