Just to stir things up before bed so I have some entertainment tomorrow.
~~~
http://time.com/99959/campus-sexual-...atthew-kaiser/
Full disclosure: This dude is a defense attorney. Below is an excerpt.
But many schools take a different line – that a student under the influence of alcohol in any way can’t consent to sex. Setting aside the sophomoric double rape problem (are two drunk people having sex raping each other?), drunk sex just isn’t what we think about when we think about sexual assault. It’s not what Joe Biden is talking about.
Yet, based on my own anecdotal experience, it’s what I see in these cases.
In most cases I see, both students have been drinking and then have sex. The next morning, the female student wakes up and doesn’t really remember the details of the night before. She knows she had sex. Often, she’s not sexually experienced. She knows what she did was out of character. And she goes to a counselor, trained on the school’s definition of assault, which leads to a complaint against the male student.
It’s easy to empathize with someone in that situation. Sometimes what we do when we’re young and drunk and inexperienced isn’t consistent with how we think of ourselves. Some of that is the hard work of finding out who you are that happens in college.
But it doesn’t mean that a rape happened.
~~~
http://counseling.illinoisstate.edu/...finition.shtml
Illinois State University's counselling services website. Explanation of how having sex with someone who is intoxicated is rape. Brings me back to the segment ITT when defining "intoxicated" or "incapacitated" was in question, and how determining this can be quite tricky up until a BAL of, say, 0.15, and how not having a breathalyzer makes determining this with any level of certainty difficult to say the least.
~~~
http://time.com/100144/kirsten-gilli...exual-assault/
Author is a senator from New York. Highlighted excerpts below.
Part of the problem is a pure lack of understanding of the true nature of campus sexual assault. These are not dates gone bad, or a good guy who had too much to drink.
This is a crime largely perpetrated by repeat offenders, who instead of facing a prosecutor and a jail cell, remain on campus after a short-term suspension, if punished at all.
Another issue is that
colleges and universities across the country would prefer not to acknowledge they have a problem for obvious public relations reasons. The current lax oversight has the perverse effect of
incentivizing colleges to encourage non-reporting, under-reporting and non-compliance with the already weak standards under current federal law.
As it stands today, the federal agencies in charge of enforcing campus sex assault laws are left to a fraction of the funding and staff needed to be effective. And without the right oversight,
nearly two-thirds of schools are failing to even report crime statistics as they are required to by current law.
~~~
http://time.com/100091/campus-sexual...-hoff-sommers/
Disclaimer: I don't agree with some of what this woman says, but it's intriguing none the less. I believe she was quoted earlier ITT. Highlighted excerpts below.
On January 27, 2010, University of North Dakota officials charged undergraduate Caleb Warner with sexually assaulting a fellow student. He insisted the encounter was consensual, but was found guilty by a campus tribunal and thereupon expelled and banned from campus.
A few months later, Warner received surprising news. The local police had determined not only that Warner was innocent, but that the alleged victim had deliberately falsified her charges. She was charged with lying to police for filing a false report, and fled the state.
Cases like Warner’s are proliferating. Here is a partial list of young men who have recently filed lawsuits against their schools for what appear to be gross mistreatment in campus sexual assault tribunals: Drew Sterrett—University of Michigan, “John Doe”—Swarthmore, Anthony Villar—Philadelphia University, Peter Yu—Vassar, Andre Henry—Delaware State, Dez Wells—Xavier, and Zackary Hunt—Denison. Presumed guilty is the new legal principle where sex is concerned.
Sexual assault on campus is a genuine problem—but the new rape culture crusade is turning ugly. The list of falsely accused young men subject to
kangaroo court justice is growing apace. Students at Boston University demanded that a Robin Thicke concert be cancelled: His hit song Blurred Lines is supposedly a rape anthem. (It includes the words, “I know you want it.”) Professors at Oberlin, University of California, Santa Barbara, and Rutgers have been urged to place “trigger warnings” on class syllabi that include books like the Great Gatsby—too much misogynist violence. This movement is turning our campuses into hostile environments for free expression and due process. And so far, university officials, political leaders, and the White House are siding with the mob.