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    Finally dealing with campus rape means that some men will have it tougher

    Jessica Valenti
    Jessica Valenti
    After decades of not helping victims of campus rape, things are starting to change and men are starting to be punished. That’s a good thing
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    Victims of campus rape deserve better than they’re subjected to in university adjudication processes. Photograph: Design Pics Inc/REX
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    The epidemic levels of rape on university campuses has a lot of people really worried. Unfortunately, they’re worried that campuses are going “too far” in their effort to punish rapists; that young men will be wrongly accused; that campus sex policies will criminalize consensual sex; that the rape epidemic is more ideological rhetoric than actual lived experience.
    They are worried, it seems, that stopping campus rape and helping the victims of it – most of whom are women – will hurt young men.
    It seems odd that, at a moment when we’re finally making headway on campus assault – with White House-backed initiatives, rape victims sharing their stories, and students mobilizing to make their campuses safer and more responsive to sexual violence – the response from some quarters is to worry for men’s futures rather than celebrate women’s potential safety.
    No one wants to see innocent people accused of horrible crimes, but there is a distinct lack of evidence that young men on college campuses – even the ones who have raped women – are suffering any harm due to the increased focus on ending rape.
    Rape remains a chronically underreported crime, and only 2% of rapists ever spend a day in jail. On college campuses, only 10 to 25% of rapists are expelled, less than half are suspended and many are given university-mandated “punishments” like writing a research paper or an apology letter.
    So why the ramped-up concerns for men?
    Maybe it’s that we’re not used to seeing gender justice in action, so it feels strange and new ... and therefore off. Alexandra Brodsky, a co-director of anti-rape organization Know Your IX, compared the situation to someone who has unwittingly been living in an apartment with a tilted floor their whole life.
    “You become used to that, so if you wake up one day and your floor is level, it’s going to feel uneven,” she told me.
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    Others, like Tracey Vitchers of Students Active for Ending Rape (SAFER) believe the renewed focus on accused rapists’ rights is simple denial. “It comes from not wanting to believe that campus sexual assault is as prevalent as survivors, advocates and, frankly, research, demonstrate it to be”, Vitchers told me.
    I also believe that the disproportionate worry for accused rapists over their victims boils down to a fundamental distrust of women. It is less worry that men will be wrongly accused, and more a lasting, ill-informed “certainty” that women lie about rape. After all, the most controversial news story of campus rape this year – an irresponsibly-reported assault alleged by a student at the University of Virginia – didn’t even involve a young man was brought up on campus or criminal charges. The public outrage stemmed from the belief that the woman lied about her attack.
    The rape truthers’ belief that any increasing efforts to stop rape and hold more accusers accountable will hurt innocent men is, at best, magical thinking. While multiple female rape victims at 89 different colleges have filed suits citing Title IX violations and unfair treatment by school administrators, there has not been one recent public case of a wrongly-accused male student who suffered significant, permanent legal harm at the hands of a malicious accuser. That hasn’t stopped people from trying to identify one, though.
    The man accused of sexually assaulting two students and then raping Emma Sulkowictz – the Columbia University student who started the “Carry that Weight” performance protest – has tried appealing to anti-feminist media to claim his life was ruined, though no mainstream media published or broadcast his name until he came forward. And Columbia found the man not responsible, allowing him to remain on campus. A Washington Post column late last year fretted about the dangers of campus sexual assault policies for young men, yet focused on the case of a young man who was also found not responsible. How did the system fail him, exactly?
    The concerns over due process in campus adjudication procedures are also misplaced. In The New York Times, Judith Shulevitz bemoans the Department of Education guidelines that instruct schools to use a “preponderance of evidence” standard in rape cases, as if such a thing is unheard of. But this is the same standard of evidence that’s required when a rape victim sues her attacker in civil court. Shulevitz also warns that schools risk losing federal funds if they don’t adhere to the DOE’s rules, but no school has ever had their funding taken away because of a Title IX violation.
    Too many of us are more comfortable taking on imaginary problems rather than real ones - but reflexive thought experiments don’t stop rape or address the real underlying problems. They only do a disservice to the victims.

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    • 178 179
      People are concerned with unfounded accusations being picked up by the media and turned into a witchhunt due to the newfound voice these activists are getting. Look at the Columbia University story for example where a man has been judged by the NYT, Guardian and every publication his name printed all over the media without ever being found guilty? Being slandered with the accusation of rape will be a life long punishment few people will be able to expunge from the history of the Internet. Where is the concern to make this a balanced and fair process? The current criteria for rape in many states is a complete joke. The power is in the women's hands - she can simply say she did not give consent, whether that is true or not, and that is enough to put a man behind bars. Of course the issue of violence needs to be dealt with, rapists jailed, police and officials should be punished for not doing more. But the current criteria for what is considered rape puts 100% of the power in women's hands - that is not a correct process. It is used for revenge against men, and for other nefarious purposes. Do women have it much more tough in the current situation than men? Yes of course, no doubt about that. However replacing one societal problem with another is not the correct way to go about it.
      Reply |
      • 81 82
        The power is in the women's hands - she can simply say she did not give consent, whether that is true or not, and that is enough to put a man behind bars.
        That's not true though, is it? People are only sent to jail if they are found guilty in a court of law.
        Reply |
      • 135 136
        But they can be hounded, vilified and marked for life regardless of their innocence or guilt.
        It was only a few months back where a false rape accuser was (woefully) sentenced. Feminist groups still protested that the man accused was a rapist even after the verdict!
        Reply |
      • 28 29
        Alleging an assault, especially a sexual one, will likely get the person accused at least an overnight trip to a holding cell until the district attorney reviews the situation and evidence. The laws regarding such things have significantly tightened in many areas.
        If formal charges are not filed or if bail is made, the initial incarceration might be brief, but almost every accused these days sees some cell time.
        Reply |
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    • 261 262
      I do find it disturbing that Ms Valenti continually refers to the Columbia case and even links to an article naming the alleged perpetrator, when he has been found not guilty.
      Reply |
    • 87 88
      "Maybe it’s that we’re not used to seeing gender justice in action, so it feels strange and new ... and therefore off"
      What? I think the vast majority of us regularly hear of convictions for crimes such as rape, and support these convictions.
      Also, what's the difference between "gender justice" and justice as we know it through the legal system?
      Reply |
    • 121 122
      "Gender justice" sounds sinister.
      Reply |
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      • 34 35
        Orwell would be proud of Jessica. Or he would probably rather turn in his grave.
        Reply |
      • 85 86
        "Gender justice" is a terrifying concept. Valenti and others have campaigned for the burden of proof in rape cases to be lowered to the point of guilt by accusation. They don't want the alleged victim - normally the sole witness - to be quizzed about her version of events. This effectively means an accused man gets no defence.
        They are not worried about wrongful convictions because as far as they're concerned, those don't matter. Men are to be punished collectively to make up for the fact that some men get away with rape. If an innocent man goes to prison, so what? - Other men are getting away! Any man in prison will get the stats up. "Guilt by gender" would be a more apt description.
        Reply |
    • 40 41
      Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation

      Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation. Here our concerns include but are not limited to the following:
      ■ The absence of any adequate opportunity to discover the facts charged and to confront witnesses and present a defense at an adversary hearing.
      ■ The lodging of the functions of investigation, prosecution, fact-finding, and appellate review in one office, and the fact that that office is itself a Title IX compliance office rather than an entity that could be considered structurally impartial.
      ■ The failure to ensure adequate representation for the accused, particularly for students unable to afford representation.
      Reply |
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    • 23 24
      The power is in the women's hands - she can simply say she did not give consent, whether that is true or not, and that is enough to put a man behind bars.
      I am sorry, that statement has little connection with what actually happens. If you write that, you at least need to describe why some of what is presented as facts in the article is incorrect.
      Reply |
    • 107 108
      they’re worried that... young men will be wrongly accused; that campus sex policies will criminalize consensual sex; that the rape epidemic is more ideological rhetoric than actual lived experience.
      They are worried, it seems, that stopping campus rape and helping the victims of it – most of whom are women – will hurt young men.
      Really, that's what they're worried about?
      So in JV's view, worrying about false accusations (punishing people in cases where rape has not taken place) = worrying about the consequences of 'stopping rape'.
      Woeful logic.
      Reply |
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    • 19 20
      It is less worry that men will be wrongly accused, and more a lasting, ill-informed “certainty” that women lie about rape.
      It depends what you mean by wrongly accused. If by that you mean a formal complaint to the police, then yes, but I think, particularly in the context of campus rape, people are also concerned about such accusations to the college authorities that lead to investigations against individual students, and then the resulting notoriety on campus. That's clear enough from the Colombia example you give. No, there's no legal consequences or mainstream attention, necessarily, but there's still likely to be some impact upon anyone so accused.
      I think it's a shame to ignore that point because I think it doesn't really counter the concerns of those who, in my view, vastly overstate the prevalence of false accusations and claims. I think we need to recognise that a false claim, whether to the police or authorities, at least has some impact and shouldn't be dismissed as unimportant.
      Because otherwise I would agree with the point made - that it's a good thing if more people are held to account for sexual assault and rape. And I think that a lot of the overstated concerns about false allegations come from the idea that a lot of these incidents come from regret, bad decisions, rather than actual criminal behaviour.
      Reply |
      • 16 17
        And what are the "overstated claims"? Do you know? Does anyone really know? The studies cited for all sides of this debate are a mish-mash of differing disciplines and differing methodologies and the people citing multiple studies to make their points -- including Jessica Valenti but certainly not limited to her -- seem largely ignorant of the clashes in their internal statistics. If not just totally innumerate but citing big data, a trend that has pretty much overtaken most of the journalism industry as a whole.
        Reply |
      • 6 7
        And what are the "overstated claims"?
        To the extent that the issue false accusations seems to be raised within any discussion about rape prevention or how it's treated in the CJS, and much of the dialogue surrounding it, does lead to this perception by some that it's a very real threat. To the extent of the attention it gets as an issue, I think such fears are overstated and distorts the subject.
        Reply |
      • 4 5
        And I think that a lot of the overstated concerns about false allegations come from the idea that a lot of these incidents come from regret, bad decisions, rather than actual criminal behaviour.
        To start off with the usual disclaimer - false claims are very rare in comparison to incidents of rape.
        That being said if we look at the reasons why false accusations are made it does seem to show that they are made for a variety of reason. The only possible mitigating circumstance for a false claim would be mental issue.
        Reply |
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    • 107 108
      IOW, the three marquee cases (Columbia, Brown, UVA) turn out to be wither fabrications or extremely ambiguous as to what really happened.
      But that is what Ms. Valenti wants to use to do away with normal due process for young men.
      Rape is a crime. Schools are not very good at dealing with crime. If a male student is a criminal, he should be prosecuted, not expelled from school and allowed to rape again.
      OTOH, if the young man has not committed crime, how can we in good conscience allow him to be slurred as a rapist without due process of law.
      Get the schools and ideologues out of it and let the legal system do its work.
      Reply |
      • 7 8
        On your view universities could expel students on the basis of, say, plagiarism or bullying but would be powerless to act when there's been a rape. Equally, they couldn't expel students for fighting without a conviction. That ignores the fact that rape and assault are both crimes and disciplinary issues.
        Reply |
      • 41 42
        I think it's perfectly reasonable for a college to be unable to expel a pupil for fighting without a conviction for public disturbance/assault etc.
        To flip it round, it sounds like you are ok with rapists only punishment being to be expelled, like it's just a minor fight.
        Reply |
      • 5 6
        I think it's perfectly reasonable for a college to be unable to expel a pupil for fighting without a conviction for public disturbance/assault etc.
        Why? Being expelled is obviously a serious consequence, but it seems odd that you could be expelled for plagirism on a lower burden of proof, yet if there's a fight you'd need a criminal conviction. In many ways, it means the less serious behaviour is subject to a more serious consequence within the school, and that doesn't make sense at all.
        To flip it round, it sounds like you are ok with rapists only punishment being to be expelled, like it's just a minor fight.
        I don't think it does sound like that tbh.
        Reply |
    • 9 10
      An excellent article highlighting all the problems with ill-considered measures to combat campus rape: http://www.nybooks.com/articles/archives/2015/feb/05/rape-campus/
      Reply |
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    • 46 47
      There may be something in what she says.
      But her style of writing is so biased that it blurs any point and sounds shockingly sinister.
      Reply |
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      • 3 4
        That number has a few "estimations" in there. There probably is a low reporting rate which can't be factored in accuratley.
        However, theres a very peculiar thing happens to arrive at that statement. An assumption that a perpetrator will only strike once. Of course, its more likely to be dubious semantics.
        Reply |
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      • 31 32
        Yep. It assumes:
        1. Rapists only rape once (the number breaks it down by victim and assumes 1 victim=1 rapist. In real life, you're going to have far more victims per rapist, which would bring the percentage up, assuming chances of being reported and caught per victim stay the same).
        2. Every accusation is true.
        3. The statistical conclusions behind 2 studies with different methodologies and definitions can be seamlessly blended without adjustment.
        So, basically, it's shit math for purposes of raising awareness. I can agree with the ends, but the means are dishonest. Then again, that's kinda par for the course with any figure you hear from any activist group, partisan group, or anyone else that wants to sway you.
        Reply |
    • 6 7
      While I'm a man I take the Boudicca approach to rape, burn the bastards to the ground.
      Reply |
    • 57 58
      I guess I must be pro-terrorist because I wonder whether over-arming the police might have unpleasant side effects.
      there has not been one recent public case of a wrongly-accused male student who suffered significant, permanent legal harm at the hands of a malicious accuser.

      That's quite a few caveats there. I wonder if some of them suffered insignificant permanent harm, or significant non-permanent harm.
      Reply |
    • 54 55
      Too many of us are more comfortable taking on imaginary problems rather than real ones.

      Precisely, thank God we have a legal system and not trial by media.
      Reply |
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    • 69 70
      So why the ramped-up concerns for men?
      Because contrary to what Jessica Valenti would like us all to believe this is not a zero-sum game between women and men.
      What any reasonable person wants from this is (a) less rape and (b) where rape does happen a higher percentage of safe convictions.
      Unsafe convictions (whether that is a conviction under the law of the land or a conviction via an institutional tribunal) will result in neither less rape nor more justice.
      Reply |
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