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Should rape victim support necessarily involve the police? Should rape victim support necessarily involve the police?

10-19-2014 , 10:55 AM
Quote:
Originally Posted by Gizmo
But here's the problem -

If police generally won't believe you're a victim and treat you combatively, and you have to deal with the **** they throw at you... what incentive is there to seek medical help if you know you will be forced to file a report?
The problem here isn't "should people be required by law to report suspicions of someone who has been raped" the issue is "how do we make it so more women feel comfortable coming forward".
The problem is both of them, and they're in conflict with each other. Hence why I'm undecided. Maybe fewer women come forward, but the greater reporting leads to more convictions overall. Or less. It's not clear which is true.
10-19-2014 , 10:59 AM
Quote:
Originally Posted by Nichlemn
I agree that this a major point against mandatory reporting, and is mostly why I'm undecided. But it's not as if 100% of rape allegations are summarily dismissed. Obviously a fair few get through, otherwise there wouldn't be any rape convictions. Even if it takes a lot of allegations to get one conviction, it could still be a worthy trade-off.
What? Again, how do you think this works. It's not like rolling a die, are you asking for the cops to investigate a rape the victim claims didn't happen? Are we asking for the police to encourage fabrications?

I realize empathy for anyone, much less a woman, is a tough slog on these interwebs, but seriously think through step by step what you're asking for here. Not in generalities, in specifics. A girl thinks she may have been raped, she tells SOMEONE(anyone? We're down to RAs being liable, are just regular students under that umbrella too?), that person has an obligation to tell the police, who then... what? What do the cops do here that fixes the problem?

Quote:
What am I, a legislator? "I'm not going to take you seriously until you have a detailed policy proposal specifying the exact process, and by take you seriously I mean I'm going to find a flaw in the second paragraph which I will take as proof that the entire concept is invalid".
No.

The point of my "specific policy" question isn't as an exercise in drafting a new law, it's for you to really think about what's going on here. What problem are you trying to solve? What solution to that problem do you have?

Because mandatory reporting is, as described in this thread, not a "bad idea" that I disagree with for reasons X, Y, and Z. It's utterly incoherent nonsense, it's a nonsolution to a problem that doesn't exist.

What group of school employees are learning about rapes and preventing the victims from reporting those crimes to the police? That's the problem mandatory reporting solves.
10-19-2014 , 11:08 AM
Like the reason mandatory reporting for child/elder/disabled abuse is a good idea is because those people literally cannot report their own victimhood, and the concern behind that mandatory reporting isn't primarily to get criminal convictions for the abusers, it's to remove the victim from the abuse. How does that connect with rape?

Again, I hate to harp on this, but go back and read the thread. DIB was doing his "ban schools from punishing students" thing, people were mean to him, Brian felt that SMP-standard need to white knight for any idiot on the internet liberals were being mean to...


Quote:
Originally Posted by Brian
Seriously (for once with you), there are valid reasons to have the schools not at all involved.
but didn't understand the discussion so it took him a couple of tries to get to nonspecific and pointless mandatory reporting as a walk back, without ever really acknowledging that he's changed his mind. So when you say,
Quote:
Originally Posted by Nich
If DIB's position is or was that colleges shouldn't be allowed to punish students, well I totally disagree, but that's so obvious it's not worth discussing further.
Brian disagrees! That's literally the subject of this thread! DIB wants colleges to not punish accused rapists(felons?), Brian jumped in to agree with him. That's why this thread exists.

Last edited by FlyWf; 10-19-2014 at 11:30 AM.
10-19-2014 , 11:14 AM
Quote:
Originally Posted by Nichlemn
The problem is both of them, and they're in conflict with each other. Hence why I'm undecided. Maybe fewer women come forward, but the greater reporting leads to more convictions overall. Or less. It's not clear which is true.
Have you done any research into how many rape accusations turn into convictions?

Of the rapes that were reported from 2007 to 2008, only 6.5% resulted in a conviction on the charge of rape. The majority of convictions for rape resulted from an admission of guilt by the defendant, whereas less than one quarter of all those charged with rape were convicted following a successful trial.
10-19-2014 , 11:21 AM
Quote:
Originally Posted by FlyWf
So a therapist or counselor at the school speaks to a student and develops a reasonable suspicion that a rape occurred. That counselor... tells the cops? What do you expect the cops to do with that information? "A patient of mine thinks her roommate was maybe too drunk to consent last night"....

Cops don't believe VICTIMS when they say they've been raped, what the **** do you ******s imagine cops are going to do when they receive a report from someone who isn't even the ****ing victim? That's not a crime report! That's ****ing gossip.
Know what might be helpful? Learning about mandated reporting.

Even a cursory glance at relevant reading material. Because this is something "non-psychologist social workers" and others do, and is integral to understanding how this **** IRT rape allegations might work.
10-19-2014 , 11:29 AM
Quote:
Originally Posted by FlyWf
What is the point you think you have? What specific policy do you want implemented to fix what specific problem?
My point may be that your narrative doesn't have to be the one that directs this conversation. Right now, I'm trying to fix the specific problem of people thinking that "What specific policy do you want implemented to fix what specific problem?" must necessarily be the point of this thread.
10-19-2014 , 11:37 AM
Hey some people aren't up to the heavy intellectual lifting of "having an opinion on the subject", I get it. But maybe you'd be more comfortable back in SMP, then?
10-19-2014 , 11:43 AM
Quote:
Originally Posted by FlyWf
This is the problem when you let chezlaw title the thread, the question there is not really what we're talking about. Rape victim support is like, counseling. This thread is primarily about whether colleges should be permitted to discipline students for code of conduct violations that are also crimes.
How many people in this thread are saying that college should not be permitted to discipline students? I certainly am not. I think that it might be wise in certain matters to bring in off-campus professionals who have no conflict of interest due to wishing to preserve an institution's reputation.

Police should have primacy when it comes to investigating possible crimes. Schools should not be conducting internal investigations first, then deciding whether or not to administer internal discipline or refer the matter to police.

When I talk about police having primacy, I mean that the college can start its own parallel investigation, but it really shouldn't be doing things like interviewing possible witnesses before the cops get to them. Is that a procedure you disagree with?
10-19-2014 , 11:54 AM
Quote:
Schools should not be conducting internal investigations first, then deciding whether or not to administer internal discipline or refer the matter to police.
Ok and here's the thing: that doesn't happen. That isn't how it works today, and it isn't even possible. Police have jurisdiction for crimes. Schools don't decide whether to "administer internal discipline" OR "refer the matter", as if internal discipline in some way displaces or precedes criminal proceedings.

That's what I keep swearing at DIB about.

Quote:
When I talk about police having primacy, I mean that the college can start its own parallel investigation, but it really shouldn't be doing things like interviewing possible witnesses before the cops get to them. Is that a procedure you disagree with?
Again, at this point the issue is, again because you're discussing a fictional parallel universe, I really don't know what you mean by "the school" interviewing witnesses. You mean like at a hearing for a suspension? Who is "the school"?

Last edited by FlyWf; 10-19-2014 at 12:07 PM.
10-19-2014 , 11:58 AM
But to answer your question:

Quote:
How many people in this thread are saying that college should not be permitted to discipline students?
DudeImBetter and BrianTheMick! That's what started this whole ****ing thing!

BrianTheMick said schools shouldn't be involved at all, Wookie laughed at how dumb it was to say "schools don't do enough, so they should do nothing", and you rode to the rescue.
10-19-2014 , 12:07 PM
Like right now, again, it's helpful because it's a specific example and some of you may not even be American, but you can Google his name to learn more:

Should FSU be permitted to hold a student conduct hearing for Jameis Winston, with possible penalties going as high as expulsion, as they currently intend to do?

DudeImBetter would say no.

BrianTheMick would say no.

I would say yes.
10-19-2014 , 12:24 PM
Quote:
Originally Posted by Gizmo
So mandatory reporting for me, as a nurse, is basically reporting any suspicion of abuse of a vulnerable population - the elderly, children, and those with mental disabilities.
It kind of varies from state to state about whether or not domestic violence falls under this umbrella, but it is generally thought to be better to not report domestic violence unless the victim wishes (because of the whole, you're likely to get killed thing).

The problem wrt rape is the way society looks at women having sex, consensual or not. If you want it so that more women come forward to report their rapes to police, then you need to change the way police deal with these situations. And some states have been trying. this is a pretty decent article about how cops treat victims and how it needs to be changed



So, yeah, perfect world - victim is believed and it's easy on them to report. But that's not the perfect world. As it stands, when you report a rape you have to undergo a rape kit which is incredibly invasive and involves pulling pubic hair out (5 with the skin still attached iirc) and a gynecological exam. AND THEN your rape kit is going to sit. Untested. And repeat offenders who could have been caught, aren't.

There is an incredible amount of wrong in how we handle rape (or any women's issue, really).
Absolutely. The argument to make institutions report if its reported to them isn't because it's then handled well. The police need to have firm rules as well, specialist trained personal etc. Societal attitudes also play a huge part.

In the UK the victim can get all the health services including evidence gathering without having to have it reported to the police (barring gunshot wound or some other factors). Is that true in the USA as well?
10-19-2014 , 12:36 PM
Quote:
Originally Posted by FlyWf
Ok and here's the thing: that doesn't happen. That isn't how it works today, and it isn't even possible. Police have jurisdiction for crimes. Schools don't decide whether to "administer internal discipline" OR "refer the matter", as if internal discipline in some way displaces or precedes criminal proceedings.

That's what I keep swearing at DIB about.
I don't care what DIB is saying. What I am saying is that there are many schools where the administration discourages rape victims from doing anything that will lead to official reporting of sexual assault. There are dozens of schools currently under investigation by the Department of Education due to Title IX complaints.

It sounds like you are denying that stuff like this happens:

Quote:
A group of 23 students has filed a federal complaint against Columbia University alleging the school failed to protect victims of sexual assault, according to a statement from the students.

The complaint alleges the Ivy League university discouraged students from reporting sexual assaults, allowed perpetrators to remain on campus, sanctioned inadequate disciplinary actions for perpetrators and discriminated against students based on their sexual orientation, according to a statement from the students who are calling themselves Our Stories CU.

The students collectively filed the complaint Thursday with the U.S. Department of Education, alleging violations of Title II, Title IX and the Clery Act against Columbia and Barnard College, the affiliated women's school.
I say that this is a problem and that it is not rare. Do you agree with that statement?

I say that this is one of several problems with how sexual assault at universities is handled. Do you agree with that statement?
10-19-2014 , 12:43 PM
Quote:
Originally Posted by FlyWf
Like right now, again, it's helpful because it's a specific example and some of you may not even be American, but you can Google his name to learn more:

Should FSU be permitted to hold a student conduct hearing for Jameis Winston, with possible penalties going as high as expulsion, as they currently intend to do?

DudeImBetter would say no.

BrianTheMick would say no.

I would say yes.
Do you believe that FSU is sincerely interested in investigating wrong-doing or is only holding a student conduct hearing for Jameis Winston to cover their asses since this case has been public?

I think they are engaged in CYA. I think Brian would agree with me. I don't really care what DIB thinks. What do you think?
10-19-2014 , 12:56 PM
I don't care about FSU's motivations or internal campus politics, I'm not going to speculate about them, that's all completely irrelevant to this discussion I'm trying to drag you into understanding. (

This is about the policy, the individual example was just an attempt to show how disciplinary hearings are parallel to criminal proceedings. I see now that was a mistake.

Do you believe that FSU should have the AUTHORITY to hold that hearing at all, or do you, like Brian and DIB, believe they should "butt out" and leave it entirely up to the courts? Simple question.


Seriously, dude, you have no ****ing idea what's going on here. This is an offshoot of a very long thread in Politics Alpha where ikestoys and a few others, including DIB, were complaining that colleges are too tough on accused rapists, arguing that there is pervasive anti-male discrimination in college discipline for sexual assault. DIB, in fact, wants colleges to be prohibited from disciplining accused rapists! That's the argument you're involving yourself in.

Do you get it now? Does that context maybe make it click?

Last edited by FlyWf; 10-19-2014 at 01:06 PM.
10-19-2014 , 01:10 PM
Quote:
Originally Posted by AsianNit
I don't care what DIB is saying. What I am saying is that there are many schools where the administration discourages rape victims from doing anything that will lead to official reporting of sexual assault. There are dozens of schools currently under investigation by the Department of Education due to Title IX complaints.



It sounds like you are denying that stuff like this happens:







I say that this is a problem and that it is not rare. Do you agree with that statement?



I say that this is one of several problems with how sexual assault at universities is handled. Do you agree with that statement?

Systemic rapism.
10-19-2014 , 01:13 PM
Quote:
Originally Posted by FlyWf
Seriously, dude, you have no ****ing idea what's going on here. This is an offshoot of a very long thread in Politics Alpha where ikestoys and a few others, including DIB, were complaining that colleges are too tough on accused rapists, arguing that there is pervasive anti-male discrimination in college discipline for sexual assault. DIB, in fact, wants colleges to be prohibited from disciplining accused rapists! That's the argument you're involving yourself in.

Do you get it now? Does that context maybe make it click?
I've known all along that that is your perspective. Do you get that I am interested in talking about related matter but disinterested in engaging in that long-running conversation?
10-19-2014 , 01:58 PM
No, I really don't, because of how you're refusing to "play your cards", identify what exact problem you think exists, etc.
10-19-2014 , 02:01 PM
bump for Seahawks-St. Louis game
10-19-2014 , 04:16 PM
Fly, as someone who knows what he's talking about, could you put the following into your own words?

Not all of us are "non-psychologist social workers," so as an expert of sorts maybe you can help us out.

“While we respect the seriousness with which many schools treat such internal processes [IRBs], and the good intentions and good faith of many who devote their time to participating in such processes, the simple fact is that these internal boards were designed to adjudicate charges like plagiarism, not violent felonies. The crime of rape just does not fit the capabilities of such boards. They often offer the worst of both worlds: they lack protections for the accused while often tormenting victims.”

Last edited by DudeImBetter; 10-19-2014 at 04:35 PM.
10-19-2014 , 07:03 PM
While you're working on putting the above into your own words, consider doing the same with the following as well. Think it relates pretty directly with what we're discussing. Like, #dudeliterally.

Goofy, you can play too. Pay particular attention to the underlined, as you had questions about what role IRBs would have with murder allegations.

"The FBI, for purposes of its Uniform Crime Reports, has a hierarchy of crimes — a ranking of violent crimes in order of seriousness. Murder, of course, ranks first. Second is rape. It would never occur to anyone to leave the adjudication of a murder in the hands of a school’s internal judicial process. Why, then, is it not only common, but expected, for them to do so when it comes to sexual assault? We need to get to a point where it seems just as inappropriate to treat rape so lightly."

For those who haven't been following since the beginning, these quotes come from an organization called the Rape, Abuse and Incest National Network (RAINN); the largest anti-sexual violence group in the US, and ranked as being one of the nation's top 100 charities.
10-19-2014 , 07:19 PM
Hey Dibbers, how about you email RAINN about whether or not schools should be allowed to discipline students accused of rape.
10-19-2014 , 07:25 PM
It would never occur to anyone (except certain crack pots ITF) to leave the adjudication of a murder in the hands of a school’s kangaroo court system. Why, then, Mr. Wookie, is it not only common, but expected for them to do so when it comes to sexual assault?
10-19-2014 , 07:55 PM
Yeah, it's a real shame that victims don't go to the cops more. The way to encourage that is not to prevent schools from kicking their raping students off campus.
10-19-2014 , 08:00 PM
So, guess it's safe to say you don't agree with the comment I made directly above yours?

      
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