Reexamining Our Sexual Assault Investigative Process

Article here. Excerpt:

'Though the John Doe case was settled months ago and he is no longer enrolled at Middlebury, I nonetheless feel compelled to weigh in. I empathized with Doe. I’m not saying he is innocent, but I’m not calling him guilty either. I, too, was accused of sexual assault (and cleared after an extensive investigation, more on that later). There is a myriad of ways a rape investigation can go wrong. There are several factors that can adversely affect alleged perpetrators, alleged victims and the integrity of the investigation.

We have evolved as a society. Student activists have fought for the rights of silenced voices. Now, previously marginalized voices are heard, and this has changed how we view some of the most painful experiences these individuals go through. Nowhere is this clearer than in conversations regarding sexual violence. I would like to believe that we are slowly moving away from victim-blaming and that we take any allegation of sexual violence with the seriousness it deserves. On this campus, I feel that it is unthinkable to stand in front of someone who claims to be a victim of sexual violence and dare ask: “are you sure?” Anyone who questions a victim publicly would be shamed and ostracized.

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The "Madonna double-standard"

Article here. Excerpt:

'Imagine if YOU were a high profile celebrity involved in a custody battle over your 15-year-old son?

Court proceedings are on-going, emotions are high, lawyers are engaged in furious exchanges and the world's media is salivating over every spit, cough and titillating claim.

The boy himself is confused, upset and incredibly embarrassed over all his family's dirty linen being washed in public.

What would YOU do in that situation?

I'd hazard a guess that pretty much bottom of your list of sensible responses would be to drag a 17-year-old girl up on stage in front of thousands of people and deliberately expose her breast, right?

Or to declare to the crowd that she was 'the kind of girl you just want to slap on the a**e'.
...
Now imagine if you were a male celebrity in that position?

What do you think would happen to you?

First, there would be universal revulsion.

Second, there would be global media fury.

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University disciplinary hearing different process than criminal hearing

Article here. Excerpt:

'According to attorney Brian Lowder a university disciplinary hearing on the campus of WKU is a very different process than a criminal hearing in a traditional courtroom.

Lowder has represented several WKU students, including WKU swimmers, at disciplinary hearings.

"In the criminal justice system you're afforded due process. You also have the presumption of innocence. You have to be proven guilty beyond a reasonable doubt. None of those rights are afforded to a student going through Western Kentucky University or I think most other universities' disciplinary process."

According to Lowder, a student isn't given detailed notice of the accusation until the day of the hearing. They then take questions from a group made of students and staff.

"The disciplinary committee. That's comprised of students as well as faculty members that hear and are involved with those proceedings."'

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The War Against Boys and the Myth of ADHD

Article here. Excerpt:

'The United States and Britain are experiencing a masculinity crisis. From as early as 4 years old, girls begin to think they are superior to boys, and not long after, boys begin to accept the inferior role. In nearly every area of society, the role of the male is being undermined. What triggered this dangerous trend, and what effects will it have on society?

Recent studies have discovered that attention deficit/hyperactivity disorder is vastly over-diagnosed. Scientists say many children are just immature. In the United Kingdom, nearly 1 million children have prescriptions for drugs like Ritalin to combat the supposed “disorder.” In the United States, the Centers for Disease Control and Prevention says the number is somewhere over 6.4 million. The drugs come with serious side effects, which is a big price to pay to combat a disorder that may not even be there. What can parents do to solve this problem?'

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Commentator Gripes Only Women Voters Labeled, But Cited 'Angry White Men' Last Week

Article here. Excerpt:

'There was a serious case of selective amnesia induced by liberal bias on Thursday's CNN Newsroom as host Carol Costello oddly complained about women voters having labels like "soccer moms" and "welfare queens" applied to them while men supposedly escape such labeling.

But just barely a week ago on her show, Costello herself asked about "angry white men" supporting Donald Trump as she declared that it would be "kind of fun" to ask race-obsessed CNN liberal Marc Lamont Hill about this "voting block."'

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Tennessee says women in Title IX lawsuit made 'salacious' claims

Article here. Excerpt:

'The University of Tennessee accused the plaintiffs in their Title IX lawsuit of repeatedly publishing "irrelevant and incorrect (if salacious) allegations intended to inflame the passions of journalists and sports fans alike."

UT's filing came in a memorandum last week in support of the university's motion to dismiss the lawsuit or transfer the case to federal court in Knoxville instead of Nashville.

Eight Jane Doe plaintiffs are accusing UT of creating a hostile sexual environment that led to assaults and then using an adjudication process that is biased in favor of athletes. UT pushed back in a 68-page memorandum and asked federal Judge Aleta Trauger to either transfer the venue to the Eastern District of Tennessee of throw out the case entirely.'

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Exposing rank injustice in the Columbia ‘mattress girl’ case

Article here. Excerpt:

'The saga of Columbia University’s “mattress girl” Emma Sulkowicz, who famously carried a mattress on campus to protest the non-expulsion of her alleged rapist, and Paul Nungesser, the accused man who says he is the real victim, is not quite over a year after both graduated.

Last week, a federal district judge threw out Nungesser’s Title IX lawsuit against Columbia, which charges that the school abetted his gender-based harassment by Sulkowicz. But attorney Andrew Miltenberg vows to continue to “pursue justice” for Nungesser, by filing either an appeal or an amended complaint.

Having reported on this story, I hope the lawsuit goes forward — not only on Nungesser’s behalf, but for the sake of truth-seeking about a tangled case that raises important issues.

Nungesser is one of over 100 men who have sued colleges and universities for what they allege is unfair treatment in the handling of sexual-assault accusations. Many of these lawsuits have been dismissed, others settled.'

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Yale Basketball Player Case: Why Title IX Should Be Nullified

Article here. Excerpt:

'Due process of law. The presumption of innocence until proven guilty. The right to confront your accusers. The exercise of the general police power by the states — not the federal government, which may only exercise those powers delegated to it by the Constitution.

All of these important legal principles — and more — are at stake in the case of an expelled Yale basketball player, which is only one of many examples stemming from federal Title IX statutes.

Yale faced highly-ranked Baylor in the first round of the NCAA basketball tournament — their first appearance in the “Big Dance” since 1962. Missing was their captain, Jack Montague (shown), who was expelled from the Connecticut Ivy League school in February. The expulsion followed the decision of a five-person panel that Montague had “unconsented sex” with a female student.'

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SAVE: ‘Victim-Centered’ Investigations

Article here. Excerpt:

'On March 14, 2006, Crystal Mangum reported to the Durham, North Carolina police that she had been gang-raped by a group of Duke University lacrosse players. Over the ensuing months, Mangum gave a dozen different accounts of the incident, changing her stories of the number of assailants (from 20 to three), nature of the attack (raped, penetrated with an object, or groped), physical description of the assailants, and much more.

Many campus rape activists would try to explain away the inconsistencies in Mangum’s accounts by saying she was traumatized by the attack, resulting in what they call “tonic immobility.” But laboratory analyses proved none of the DNA specimens obtained from Mangum came from any of the Duke players, revealing her claims to be baseless.

Advocates of “victim-centered” investigations claim that they are merely seeking to assure fairness in the investigative process. But they have a tendency to only use the word “victim” — even though no legal determination has been reached – revealing their own biases.

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UK: Why female violence against men is society's last great taboo

Article here. Excerpt:

'It’s time for us to face up to an ugly truth: it’s not just men who can be murderers and violent, abusive attackers of the opposite sex.

This was brought into grim focus last week with the horrific case of Sharon Edwards, 42, who brutally murdered her husband, David, 51, by stabbing a 13-inch carving knife through his heart.

A serial man-abuser, Mrs Edwards inflicted 60 stabbing and prodding wounds to her husband. While in court, Sharon brazenly lied that David “walked into” the knife. She is currently serving at least 20 years in jail for murder.
...
But politically the system is stacked against men. While ending violence against women and girls (VAWG) has rightly been a governmental priority, there is not only no specific strategy to end violence against men. Attempts to modify the VAWG strategy to include male victims have been actively resisted.

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President Obama Applauds Every Brave Woman Speaking Out Against Online Harassment

Article here. Excerpt:

'The president highlighted how many women are speaking out against this online harassment every day — and why their activism is so important:

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Connecticut State Senator: "Scores" Of Men On College Campuses Ready To Assault Women

Article here. Excerpt:

'Opponents of the bill, including Shelley Dempsey, who is part of a group called Families Advocating Campus Equality (FACE), told the committee Tuesday that the bill will unfairly shift the burden of proof onto the accused student. Dempsey’s son was accused of and cleared of sexual assault at Bucknell University.

In her testimony, Dempsey cited examples of similar cases in California and Tennessee where students were improperly expelled because of “yes means yes” regulations at universities.
...
“I know hundreds of young men who have been falsely accused of sexual assault,” Dempsey testified. “Or where a night of drinking has been recast as an assault.”
...
Sen. Mae Flexer, D-Danielson, who introduced the legislation, said “the fact is there are.”

“If one in five women who go to college are raped or sexually assaulted, there clearly are scores of men on college campuses who are ready to assault them,” Flexer said. “That is a fact.”

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NPO: Betrayal on Custody Reform in Massachusetts - Urgent Action

Article here. Excerpt:

'The Massachusetts Bar Association, the Boston Bar Association, and the Women’s Bar Association, together with a couple of influential Senators on the Judiciary Committee, have succeeded in gutting the proposed reforms of custody law that were fought out over two years ago by Governor Patrick’s Working Group.

As a result, National Parents Organization must do a U-turn and oppose the passage of S834, also known as H1207. You MUST call your Senators and Representatives today or tomorrow to urge them to amend or defeat this bill, since I do not think it is likely that we can get it changed enough in the committees it must go through before it gets to the floor of the House and of the Senate.

In a classic double-cross, three representatives of bar associations who served on the Working Group pretended to support the bill when we finished our 18 months of work and sent it to Governor Patrick. Then, once the bill got into the Judiciary Committee, they went behind closed doors to do their bloody work.'

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Former Air Force Informant Who Made False Rape Charge Loses Appeal

Story here. Excerpt:

'A Keesler Air Force Base enlisted woman in Mississippi who was covertly recruited as a Biloxi-area informant and then pleaded guilty to falsifying rape claims has lost a key appeal.

Capping a knotty chapter in military law enforcement, the Air Force Court of Criminal Appeals rejected the claims of Airman Basic Jane M. Neubauer, while also shedding light on what happened after her April 2013 recruitment by the Air Force Office of Special Investigations.

"Her primary role was to collect information regarding drug use and distribution by other airmen," the court noted in its decision issued March 10.

Besides highlighting the Air Force's use of enlisted personnel as informants, Neubauer's case illuminates, as well, the military's intense focus on combating sexual assault. Neubauer's false claims sparked a severe reaction in part because officials feared they could undermine their anti-assault campaign.

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Affirmative Consent Proposal Would Give Accusers "Qualified Privilege"

Article here. Excerpt:

'A Maryland House committee could vote as early as today on a bill that would establish "affirmative consent" standards regarding sexual assault on most college campuses in the state. It comes as one in four women report being sexually assaulted during their time in college nationally.

"Affirmative consent" would make anyone seek verbal or non-verbal approval for any sexual act.Under the bill sponsored by Del. Marice Morales (D-Montgomery), incapacitation, silence, being asleep, unconsciousness, or lack of protest and/or resistance could not be considered consent for a sexual act. Supporters say that's very important since alcohol is involved in many campus sexual assaults, where a victim may have passed out or been to intoxicated to prevent an assault from occurring.

The House Judiciary Committee will decide whether to move the bill forward to a full vote on the floor of the House of Delegates. Members of the committee heard from supporters and opponents last week.'

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