The Thought Crime Of Questioning The Notion Of "Rape Culture"
Julius Kairey writes at The Cornell Sun:
To those who believe in "rape culture," rape is not the result of a few bad actors, but is tolerated, even encouraged, in our college culture. Few people seem willing to challenge this narrative for fear of being called insensitive to the suffering of those who have experienced sexual violence.A respect for the truth requires that the following question be asked: Is rape so widespread on campuses as to be an epidemic? The oft-cited figure that one-in-four women will been sexually assaulted at least once over the course of her time at college is of dubious accuracy. In fact, more reliable statistics from the Bureau of Justice Statistics show that one-in-forty women will be raped over four years of college. Even these lower statistics indicate that there is still much work to be done in reducing sexual violence on campus, and all decent people share the goal of a campus free of sexual violence. But the truth is that the overwhelming majority of people on this and other campuses do not condone or engage in rape.
I would be less concerned about the exaggerated statistics about "rape culture," and thus less inclined to criticize it, if it were not causing concrete harm to students. But the belief that rape must be prevented by "any means necessary" has been used to justify the elimination of key protections for students accused of rape in campus judicial systems. Some want the claims of the alleged victims of rape to be accepted as true, and not scrutinized in a fair legal proceeding. Just two years ago, Cornell stripped those accused of sexual offenses of the right to retain an attorney in University proceedings and the right to cross-examine their accusers. A student accused of a sexual offense at Cornell is now not able to directly ask the person who is making a potentially life-ruining accusation a single question about the incident. This is an inexcusable erasure of the fundamental right to confront one's accuser, a right that has existed for all of our country's history. Such rights are not superfluous. They protect us against arbitrary action by those who hold the levers of power.
To make matters worse, the University has dropped the standard of proof in sexual assault cases from "clear and convincing evidence" to "preponderance of the evidence." This means that a Cornell student accused of a violent offense that is sexual in nature will not have the legal safeguards given to others whose alleged offenses were non-sexual. With the punishment being so severe and so much on the line for the accused, how can we accept such a low standard of proof?
Given that this university has a tremendous power to punish students, we have an obligation to make sure that the innocent do not get hurt. Whenever the University makes the scales of justice unequal, the safeguards of due process and equal protection are put in jeopardy. We must always be presumed to be innocent until proven guilty and be allowed the basic tools needed to defend ourselves. Do not assume that you will never be accused of something you did not do.
There was a correction at the bottom, which I'm pasting in here:
CORRECTION: This piece originally stated that "one in four women will be raped at least once over the course of her time at college." In fact, the statistic, according to data compiled by the New York State Coalition Against Sexual Assault, is that one in four women will be the victim of sexual assault during their academic career.
via @CHSommers
Mothers, warn your sons to stay away from the crazy girls. You take for granted, and start teaching your daughters early about personal safety. I never thought I'd worry more in some ways about my 6'4, 25 year old son than I do my 21 year old daughter.
StephUF at April 21, 2014 6:56 AM
I recently told a friend that about their son. With the removal of due process on campus, guys who want to have sex with a woman would be wise to get a signed, notarized consent agreement from her.
Amy Alkon at April 21, 2014 7:22 AM
" would be wise to get a signed, notarized consent agreement from her." Amy
That would be a worthless piece of paper, because she can and will change her mind at any time. Even AFTER.
This whole movement simply follows the rest of the "women are a special snowflake" crowd.
What villainy is this, that we would tell college aged men, that they should OPT OUT of their best possible, and most likely to find a mate years? Because of the relationship chilling effects of "men are the problem" culture.
Well, it will be a problem when THE MOST LIKELY GROUP TO MARRY, and STAY married... has an even bigger problem finding mates.
By the time these women figure all this out, the screaming about "why are there no good men" will be wasted... because the well, will already be poisoned.
But I suppose the tin-foiled-hat people will suggest that's the point. To take away one of the last bastions of marriage potential...
And I am wondering why I shouldn't believe it's true.
swissarmyd at April 21, 2014 7:47 AM
Amy is right to use "thought crime" in the headline, judging from the reactions of many of the readers at Cornell. The vitriol hurled at the author belies the calm, rational tone of his article and suggests that the real goal is not to argue on the merits but to shut down discussion altogether. It is discouraging to see such a response at an Ivy.
DrPinWV at April 21, 2014 7:48 AM
Amy Alkon
http://www.advicegoddess.com/archives/2014/04/21/rape_culture.html#comment-4518542">comment from DrPinWVThe comments are shocking, especially those that think due process for men doesn't matter.
Amy Alkon at April 21, 2014 8:24 AM
How do they define sexual assault? I'm wondering if I am a victim. In high school I was walking down the hallway and some strange guy slapped me on the ass. Do I need counseling?
For the record, I flipped him off and moved on. Maybe I'm in denial.
Astra at April 21, 2014 9:32 AM
Astra, you were sexually assaulted by every guy who ever looked at your ass, never mind slapped it.
You're a survivor. Own it proudly.
dee nile at April 21, 2014 10:04 AM
@Astra: "For the record, I flipped him off and moved on. Maybe I'm in denial."
When a boy put his arm around my middle daughter, she called him a bastard and stamped on his foot. I'm not sure she needs counseling, either.
But if colleges are serious about protecting their female students (instead of, say, coming up with somebody to demonize), they could take some commonsense steps. For example:
- Round up and punish anybody walking around campus drunk
- House female and male students separately (yes, I understand trans-, cis-, un-, and whathaveyou-gendered students may demand some kind of accomodation. But that's a workable detail)
- Female students must live in the dorm while attending school, and may not have male visitors in their rooms. Male visitors are restricted to female dorm lobbies, and only during visiting hours.
- Said female dorm lobbies will be overseen by a comforting yet strong female presence. In the interests of promoting a nurturing environment, I propose the term "house mother."
- When a male student is visiting a female student, they may only be together in public, high-traffic areas, such as a courtyard. Perhaps the proper term for such liaisons should be "courting."
That's a start, anyway. It would certainly go a long way in promoting virtue, or privacy, or innocence, or something. Or would that be taking a step back?
Old RPM Daddy (OldRPMDaddy@GMail.com) at April 21, 2014 10:12 AM
http://i.imgur.com/4xXzVwr.jpg
Unix-Jedi at April 21, 2014 10:21 AM
You forgot to suggest making it illegal for women to ever have alcohol, even in mouthwash
lujlp at April 21, 2014 11:41 AM
heh, Old Rpm Daddy...
since I went to a religious college 25 years ago, I can tell you all this has been tried, and UTTERLY failed... and I didn't even go someplace really strict, like say Wheaton College, where at the time you couldn't dance. [yup, a friend went there then.]
Kids. They find a way around that stuff... and if the GUY lives off campus, whach'a gonna do about that?
Contraining people DOESN'T help them learn how to make wise choices... they just run in rut at times you cannot control.
EVEN IF, you did all those things, d'ya think that would keep them from having fainting spells over guys ogling them in the mall?
Or know and understand that being voluntarily incapacitated ISN'T consent, BUT THAT CRIMINALS DON'T CARE ABOUT CONSENT?
Walking into a bar with a short skirt, handkerchief top, and no pantsu, is stupid. Getting drunk dressed as same, is insane.
And there is nothing a college could do to control that.
What is never covered in this is your responsibility to yourself. When you teach that it's someone elses problem, you teach the worst thing.
But then guys learn an entirely different lesson.
For the right guy, her panstu will burst into flame, but any regrets will be his problem.
SwissArmyD at April 21, 2014 1:03 PM
I recently told a friend that about their son. With the removal of due process on campus, guys who want to have sex with a woman would be wise to get a signed, notarized consent agreement from her. -- Amy
Something like this was talked about way back when I was in college. The problem is that you can change your mind at any time. The college even went so far as to have fill-in-yourself contracts drawn up before the head lawyer realized they were meaningless and might expose the school legally - hence never rleased. As soon as you are done signing you can change your mind and then the document has no meaning from that time fourth.
The Former Banker at April 21, 2014 1:16 PM
Or know and understand that being voluntarily incapacitated ISN'T consent
Why not? It doesnt mitigate consent to drive, fire guns, to commit assault . . .
Why should it be so ONLY when AGREEING to have sex?
And only for women?
lujlp at April 21, 2014 1:21 PM
Rape culture my foot. You wanna see a rape culture? Go to India.
Sosij at April 21, 2014 3:17 PM
If you are charged, counter charge the girl with rape. If the school refuses, charge them with sexual discrimination (in a real court, not some school kangaroo court).
Old Rpm Daddy is wrong. The solution is to get collages out of the rape prosecution business. This is a crime the police should handle and prosecute. After someone has been convicted and sent to jail they would naturally flunk out for non-attendance. There is no need for schools to be involved. Let the cops and the courts do their job and get the schools back to theirs.
Ben at April 21, 2014 4:42 PM
One of the problems, Ben, is that schools have become over-reaching, controlling helicopter parents who intrude in every aspect of students' lives, including their weight and eating habits.
Sosij at April 21, 2014 5:13 PM
A college has the right to impose whatever rules and use whatever standards of evidence it chooses for rape investigations and hearings, so long as these are made known to all students before they agree to attend.
Whether it's a wise choice for a male student to attend Cornell once he knows what the rules are there, is another question.
Rex Little at April 21, 2014 9:36 PM
A college has the right to impose whatever rules and use whatever standards of evidence it chooses for rape investigations and hearings, so long as these are made known to all students before they agree to attend.
Not quite, if they accept state or federal funds they are obligated to abide by the same restrictions as the government
lujlp at April 22, 2014 6:36 AM
I don't understand how a college or any organization can trump criminal proceedings for any crime that is on the books.
If someone is murdered are they allowed to handle it internally...then how can they trump the criminal process in rape cases?
Katrina at April 22, 2014 8:08 AM
"If someone is murdered are they allowed to handle it internally...then how can they trump the criminal process in rape cases?" Katrin
oh, this isn't about them trumping the process... this is about usurping it.
See, they allow a sort of 'sub-criminal' process to happen, where a woman comes to the campus people, because the police are all scary an' stuff, doncha'know, and they take statements from her and start an 'investigation'.
And time passes. Rape kits aren't required, nor any physical evidence... in fact the act may have happened long before. but then they haul the person presumed to be the perp in, and question him in their investigation... he gets no lawyer, and doesn't know the accuser.
then they can give a summary judgement based on 51% evidence rule ie. she says he did it... and then they throw him out of school.
Note that the police have never, and needn't be, consulted on this.
Naturally there are hard evidence cases, that the police are involved with from the start, and they usually happen because the woman, or a healthcare person at emergency room, gets them involved.
#1 is not what anyone would consider 'due process' but why would they want to jump through all those hoops?
SwissArmyD at April 22, 2014 10:32 AM
if they accept state or federal funds they are obligated to abide by the same restrictions as the government
Not an issue. The government can't put someone in jail without due process; neither can the college. The maximum penalty one of these star-chamber "hearings" can impose is expulsion.
Rex Little at April 22, 2014 10:57 AM
Not an issue. The government can't put someone in jail without due process; neither can the college. The maximum penalty one of these star-chamber "hearings" can impose is expulsion.
True, but they can be sued under 14th amendment violations
lujlp at April 22, 2014 11:40 AM
I am just wondering HOW they are allowed to usurp the process?
Can I make my own club and take over all criminal proceedings amongst my members? Doesn't that make me an accessory?
Katrina at April 22, 2014 12:08 PM
They're not usurping the process, they're supplementing it. If a campus rape were reported to the police, they'd investigate using their standards and procedures. If this resulted in a criminal charge, the accused would have all the usual rights and protections, but would also face serious jail time if convicted. College officials would have nothing to do with the matter except to answer any questions the investigating officers might have.
The rape cases which get adjudicated by campus officials, I strongly suspect, are the he-said she-said ones where there isn't enough evidence to convince a DA to press charges, much less to convict--and the accuser knows it.
You can make your own club and decide what offenses (criminal or otherwise) will get someone kicked out of the club, and what procedures and standards of proof will be used to apply that penalty. You can't stop the government from prosecuting a member for a criminal act, and neither can a college.
Rex Little at April 22, 2014 1:26 PM
Sosij,
That is why I recommended countercharging. As others have pointed out a school can have their own rules in addition to local law. But they cannot discriminate based on sex. That violates federal law. So if they refuse to give a man's charge of rape the same process as a woman's they are guilty of illegal discrimination in federal court.
Ben at April 22, 2014 8:43 PM
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