Never Mind The Evidence; You're Guilty Of Sexual Assault Because You're Male And Had Sex
We now have a standard of presumed guilty unless proven innocent in college sexual assault allegations against males. A judge found against a Vassar student accused of sexual assault. Ashe Schow writes in the Wash Ex of the case of Peter Yu, a Chinese-born Vassar student who was accused of sexual assault by a woman he lost his virginity to -- a year after they slept together:
Between the time of the encounter and the accusation, Yu and his accuser exchanged multiple friendly Facebook messages. One message from the accuser said: "I'm really sorry I led you on last night I should have known better then [sic] to let my self [sic] drink yet, I really don't want this to effect [sic] our team dynamic or friendship. I don't think any less of you at all I had a wonderful time last night I'm just too close to my previous relationship to be in one right now."Another message, sent two months later, said: "Peter, I wanted to write to you to apologize for that night about two months ago, I have not been trying to avoid you since then." She again apologized for the evening and said: "I did not treat you very well, it was disrespectful on my part to do what I did because I was drunk." She also stated that she would like to remain friends and "I care about you and I never ever meant to hurt you and we were both drunk."
The accuser, during the investigation a year later into whether a sexual assault occurred, claimed the messages "did not correctly reflect her feelings" due to her being in a state of "shock and disbelief" about the encounter.
The legal decision by Judge Ronnie Abrams:
On Tuesday, a summary judgment was issued in favor of Vassar. The judge in the case, Ronnie Abrams, was recommended to the federal bench by Sen. Kirsten Gillibrand, D-N.Y., who has no problem labeling young men as rapists without any due process.Abrams' dismissal of Yu's charges are based on the fact that Title IX does not require adequate due process rights to students accused of sexual assault. Thus, a school following Title IX cannot, in theory, violate a student's due process rights. In the alternative, because Vassar is a private college, due process rights do not apply.
Basically, schools can get away with branding young men as rapists (and avoiding problems from the Obama administration) for what reasonable people would not see as rape because of a flawed law.
Abrams accepted the argument that an accuser who has been drinking cannot give consent. She also noted that the accused's level of intoxication is irrelevant. But what if Yu had filed the complaint, claiming (as the accuser hinted in her Facebook post) that she had taken advantage of his drunkenness to seduce him. This almost turns the case into a "first to file" argument, even if it is difficult to see how, in today's climate, a man who brought similar charges against a woman would have his case taken seriously.
As Instapundit put it:
Apparently, it's now a matter of law that you can't believe anything women say, even as you are required to believe everything women say.
Let it burn. All of it.
And when we're back to being a hunter-gatherer civilization, people won't have time to be special little snowflakes because if you don't pull your weight you don't eat.
Hunger: it gives you clarity of thought regarding what is and is not important.
I R A Darth Aggie at April 2, 2015 6:59 AM
It'll be interesting when these 'snowflakes' get out of college and into real bar scenes w/their former male students.
You know the guy behind the bar, the guy beside them, the guy driving the cab.
There's a lot room between 'bad' behavior and 'rape'. If you've been protected for years will you recognize when you are no longer?
Bob in Texas at April 2, 2015 7:21 AM
First to File: Maybe that's the solution.
Katee at April 2, 2015 7:31 AM
Actually, the 'had sex' part is optional.
dee nile at April 2, 2015 7:44 AM
Dee is correct. Not only are you presumed guilty, but the only way to prove your innocence is to prove, conclusively, that the encounter didn't happen at all. Shrink4Men's rules for men who are trying to get out of relationships with personality-disordered women now apply to all college men:
* Complete separation. Do not have any more interaction with college women than you absolutely have to, and make sure such interaction occurs in situations where there will be witnesses.
* Do not have sex with college women. Do not make out with them. Do not kiss them. Do not hug them. Do not touch them. Do not be in a situation with them where they might be able to touch or fondle you. Do not be alone with them. Do not led yourself be either led into temptation, or goaded into a confrontation.
* If you encounter a college women whom you suspect has been drinking or using drugs, leave the premises immediately. Remember, drinking and drug use gives her carte blanche; she can behave in any manner she wishes and hold someone else responsible. The only way you can avoid having this laid on you is to be somewhere else (and be able to prove it).
* Always Be Recording. Be sure you can account for your whereabouts and who you were with, every minute of every day. Keep a diary and throughout the day record where you go, at what time, what you did there, and who you interacted with.
* Do things throughout the day that leave a paper trail. Don't carry cash. Make purchases with a credit card, or go to an ATM and withdraw a small amount of money whenever you need some. If you go someplace that has some kind of access control, go through the control system; don't piggyback. Make sure that security cameras observe you. These are all records you can subpeona if you need to prove your whereabouts.
* Keep some kind of audio recording device on you at all times. Turn it on discreetly whenever you find yourself in a questionablle situation. If you can, make an audio note of where you are, the date and time, and the situation.
* On campus, you must keep your nose scrupulously clean. Be silent in class. Do your work and turn it in on time. Whatever your professors say, no matter how ridiculous it is, parrot it back to them; do not challenge their opinions. Do not do anythig to draw attention to yourself. Remember, you are there to get your ticket punched. Once you graduate, you can give everyone the finger.
* Don't get involved. Don't offer to help women who get themselves into bad situations. That's what the authorities and experts are for. There is nothing you can do to improve the situation, and you expose yourself to liability by trying.
* Have your fun off campus. Be discreet about it.
Cousin Dave at April 2, 2015 8:15 AM
Do it in absolute privacy and then deny deny deny. No girlfriends just deny.
(Note: I think there was a case where the guy proved he was elsewhere but was still found guilty so ...)
Bob in Texas at April 2, 2015 8:30 AM
* Do things throughout the day that leave a paper trail. Don't carry cash. Make purchases with a credit card, or go to an ATM and withdraw a small amount of money whenever you need some.
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He contradicted himself right there.
And, unfortunately, using your credit card every day is a great way to expose yourself to data theft. Also, re ATMs: If I hear one more story of customers' info getting hacked after they use an ATM with a near-undetectable skimmer attached...anyway, it's more convenient to get cash in tens rather than twenties anyway, so I ask a teller.
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* Keep some kind of audio recording device on you at all times. Turn it on discreetly whenever you find yourself in a questionablle situation.
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That's illegal, in many cases.
Why don't people do a little more research first before writing stuff like that?
Reminds me of what another MRA wrote, last year:
"For the first time in human history, divorce, not death, is the more common way for a marriage to end. This has had a greater effect on the social history of mankind than atomic weapons, silicon chips or penicillin. And divorce is an undesirable outcome for any man."
What he conveniently ignored - if he knows this - is that back in, say, 1900, the average life expectancy in the U.S. was 47(!) - and it was likely even lower in at least half of the other countries. Of course, back then, roughly half of all Americans lived to be OLDER than 47, but not necessarily that much older, what with the inferior quality of medical care and all.
The point, of course, is that if you had a marriage that became unhappy, chances are it wouldn't be long before one of you died anyway. So his statement is misleading.
lenona at April 2, 2015 9:54 AM
* Keep some kind of audio recording device on you at all times. Turn it on discreetly whenever you find yourself in a questionablle situation.
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That's illegal, in many cases.
Go a head and charge me with misdemeanor illegal recording. Better than a rape conviction.
lujlp at April 2, 2015 10:01 AM
Not a bad idea Bob, maybe there's room for a sexytime app which sits on your phone or computer and emulates Joe Random Male surfing the web, doing his homework, chatting with friends, surfing reddit, and here's the best part, accessing Grindr and downloading both gay porn and granny porn, just to prove that when the browser history is downloaded, it's contents are so potentially embarrassing it must be true!
Anyway, I read the student is appealing the decision, and I certainly hope so. Irony: the judge's father is a renowned constitutional law expert.
jerry at April 2, 2015 10:12 AM
I'm going to be highly amused in a few years, when robotic sex dolls become affordable, and, suddenly, college men rely on sexbots rather than women.
After all, a bot can't file a claim long after the deed. . .
Keith Glass at April 2, 2015 2:59 PM
Giving men valid reasons to truly hate, despise and distrust women -- what could go wrong?
Don't worry ladies, the feminists have it all under control ...
Jay R at April 2, 2015 3:23 PM
The only way that this Kafkaesque nightmare will stop, or at least slow down, is if men actually start filing rape and sexual assualt cases against women. I realize that most men, including me, have enough of a sense of responsiblity, fairness, and even chivalry, not to do it. But right now, it is a complete "free roll" for women who want revenge, notoriety, money; or are just unbalanced. They can claim sexual assault by any man, with absolutely no consequences against them, even if they made it up.
If men on campus start to file sexual assault cases against women; claiming that the men were drunk, so could not consent; or that they were seduced; or that they just wanted to fool around, but the woman then...etc; the radical feminist men-haters would then find the tables turned. Lack of due process would then convict women as well as men. If the women got the due process and the men did not, cases could be brought in federal courts, and some higher court would be forced to deal with the disparity, and either rule that due process applies, or it does not--in all cases. Even if most of the cases against women were found in favor of women in the biased school proceedings, it would waste immense amounts of time, and make it impossible for schools to deal with. There could be literally hundreds of these proceedings a day.
As long as men try to be fair about this, take responsibility for their sexual encounters, shrug off disappointing sexual encounters, do not harbor grudges when relationships end, this one-sided reign of terror will go on. If men start acting like puritans, the way women on campus do; start filing cases of assault every time a woman tries to kiss or hug them, this will all stop pretty quickly. It is not an ideal way to proceed, but seems better than the "all men are under siege; you must behave like a minority under constant threat of punishment" approach outlined by the men's group listed above.
william at April 2, 2015 3:54 PM
Just wait, in a few yrs this crap'll be in the general population.
adambein at April 2, 2015 5:41 PM
Just wait, in a few yrs this crap'll be in the general population.
Posted by: adambein at April 2, 2015 5:41 PM
Well at least there, it will be handled by law enforement with constitutional protections, and a Burden of proof on the plaintiff.
The fact is, only the hyper partisan college hot house, makes shit like this even possible.
Isab at April 2, 2015 9:21 PM
Lenona mocks my comments, but then again she mocks the idea that a woman can ever be anything other than an innocent victim. In her world, no woman in history ever did any harm to a man, in any way, shape, or form.
Back in the real world, men sometimes face charges of rape and abuse, plus threats of physical harm, from personality-disordered women. It's pretty clear that this is what happened to Yu. That was what Dr. T's site was all about; trying to help out men that government and society refuse to help because they're not women. Most of it was either practical advice, like what I paraphrased above, or psychological support. It was never an "MRA" site per se, unless you are of the mind that anything that is done to help a man is "MRA". Personality-disordered women exist, and denying that is like denying that the sun rises in the east.
And yes, luj is right: Being charged with illegal recording is a hell of a lot less traumatic and dangerous to one's future than being charged with rape. Or shot in the back of the head as you're sitting at your kitchen table.
Cousin Dave at April 3, 2015 7:10 AM
"What he conveniently ignored - if he knows this - is that back in, say, 1900, the average life expectancy in the U.S. was 47(!) "
Actually that number is mainly due to childhood deaths. If you lived to the age of 10 your life expectancy was 60+ years. http://www.infoplease.com/ipa/A0005140.html
Why don't people do a little more research first before writing stuff like that?
Matt at April 3, 2015 12:19 PM
Lenona mocks my comments,
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I didn't even mention your name. Are you saying YOU are Shrink4Men? I had the impression you were quoting.
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but then again she mocks the idea that a woman can ever be anything other than an innocent victim. In her world, no woman in history ever did any harm to a man, in any way, shape, or form.
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Kindly prove your accusations. I never said any such thing.
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It was never an "MRA" site per se, unless you are of the mind that anything that is done to help a man is "MRA". Personality-disordered women exist, and denying that is like denying that the sun rises in the east.
Posted by: Cousin Dave at April 3, 2015 7:10 AM
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Who's denying it? I've known at least one such woman (older than I was) very, very well - and it was painful. (She was convinced that a notorious mobster, plus a notorious vice-president, were trying to kill her.)
Also, while I did mention MRAs, until they bother to divide themselves according to whether they truly care about helping other men or just about ranting, a la Paul Elam, I have no option but to use that one abbreviation that lumps the useful and useless together. Also, kindly note what I said: "Why don't people do a little more research first before writing stuff like that?"
I.e., I said "people." In general.
lenona at April 4, 2015 11:24 AM
Oh, and you very conveniently ignored the thread I started on paternity fraud, not long ago. Here it is:
http://www.advicegoddess.com/archives/2015/02/01/sad_when_the_mo.html
lenona at April 6, 2015 11:52 AM
Matt said:
"Actually that number is mainly due to childhood deaths. If you lived to the age of 10 your life expectancy was 60+ years."
I'm aware of things like that. However, even as late as the 1930s, if you were well-off and in your thirties, you could still easily be felled by appendicitis or TB, due to lack of good medical knowledge. Not so much today.
lenona at April 6, 2015 11:58 AM
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