Friday, February 20, 2015

16 Penn Law Professors say sexual assault proceedings are unfair to the accused

The chorus is growing and the voices are getting louder.

Another group of law professors from another Ivy League school has attacked the academy's hostility to due process when it comes to men accused of sexual assault. This time, sixteen Penn law professors have chimed in. Read their criticisms here.

Their concerns echo the concerns that we write about on this blog on a regular basis. They echo the concerns raised last October by 28 Harvard law professors. Prof. Alan Dershowitz wrote: “These rules are written to preclude a defense” for accused students. They also echo the concerns recently raised by Yale law professor Jed Rubenfeld; Prof. Glenn Harlan Reynolds of the University of Tennessee; Prof. John Banzhaf of George Washington University Law School; Prof. Elizabeth Bartholet of Harvard law school; Prof. Dan Subotnik of Touro Law School; and Prof. Janet Halley of Harvard law school.

These are not the voices of extremists or partisans. These are the voices of respected scholars that ought to be listened to. Yet, policy is being shaped by partisans who are not interested in fairness or impartial hearings. They are old school feminists who believe that women don't lie about rape, and who insist that every accusation ought to be treated as a conviction.