Court Affirms Conviction, Sentence In False Rape Case

Story here. Excerpt:

'The Michigan appeals court has upheld the conviction and sentence of a woman who was charged with falsely accusing two men of rape in the Port Huron area.

It’s one of two cases that have put Sara Ylen, now 40, in prison. In another case, she tricked an insurance company and generous donors into believing she was dying of cancer.

In a decision Friday, the appeals court says a judge made no errors last year in sending Ylen to prison for at least five years. She was convicted of lying about being attacked in her Lexington home in 2012. She was also convicted of tampering with evidence after police said she used makeup to create what looked like bruises. She did not testify in her own defense.

Ylen’s story resembled a “cheap novel,” prosecutor Suzette Samuels told jurors. “She’s lying through her teeth. … This was unreal.”

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There's Nothing Academic About Campus Rape

Article here. Excerpt:

'"The price of a college education should never be the risk of a sexual assault," Sen. Kirsten Gillibrand, D-N.Y., told a Senate hearing Wednesday. Too many colleges don't treat rape, she observed, as "the violent felony that it actually is." Her solution is the bipartisan Campus Accountability and Safety Act, or CASA, which would require college campuses to designate confidential advisers to victims of sexual assault and establish rules for campus investigations of sexual assaults.

Gillibrand means well; there's no question about it. But Congress telling American universities how they should handle campus rape truly is an instance of the blind leading the blind. If the goal is to treat campus rape as the violent felony it is, don't expect deans and assistant deans to conduct investigations -- unless you want to over-politicize the process. If you want to treat rape as a crime, leave assault investigations to the police.'

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SAVE: Safe Campus Act summary

SAVE has a summary of the Safe Campuses Act here. Excerpt:

'The Safe Campus Act was introduced on July 29, 2015 in the U.S. House of Representatives. The Act provides a Safe Harbor to a college that follows the provisions of the Act from being sanctioned by the Department of Education for not following policies of the Office for Civil Rights such as the 2011 Dear Colleague Letter. The complete text of the Safe Campus Act can be seen HERE.

The Safe Campus Act delineates a series of procedures and protections designed to balance the interests of the alleged victim and the accused student:'

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This 19-Year-Old Will Spend the Next 25 Years as a Registered Sex Offender

Story here. Excerpt:

'Zach was arrested last winter after having sex with a girl he met on the dating app “Hot or Not,” who claimed she was 17. But she admitted to police that was a lie. She was really 14.

If he had known she was so young, Zach said, he never would have met her.

“I wouldn't even have gone to her house, like I literally wouldn't have gone to her house at all,” he said.

As a convicted sex offender, the terms of Zach’s probation are incredibly strict. For the next five years, he is forbidden from owning a smart phone or using the Internet. He is not allowed to talk to anyone under age 17, other than immediate family. He is banned from going to any establishment that serves alcohol and he has to be home before 8 p.m. every night.

“They make me out to be a monster,” Zach said. “I can't even look at life regularly.”

His parents say his punishment is cruel and unusual, and they are waging a very public fight, even setting up a Facebook page, hoping to rally support for their son.

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Anti-domestic violence group apologizes for saying Ray Rice deserves a second chance

Article here. Excerpt:

'An anti-domestic violence group led by men has apologized for standing up for former Baltimore Ravens star Ray Rice. In an interview with ESPN’s Adam Schefter earlier this week, the co-founders of A Call to Men said they “feel strongly about him having the opportunity of having a second chance.”

“He’s deserving of it,” said Tony Porter and Ted Bunch, noting their experience with Rice who they’ve worked with since November “has been tremendously positive.” The two also referred to Rice knocking out his then-fiancee in an Atlantic City casino elevator as a “mistake.”

On Thursday, however, the group, rolled back its comments, which the leaders admitted to making “without consulting the community.”

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"Campus Sexual Assault Defense" as a legal specialty

Article here. Excerpt:

'Campus Sexual Assault Defense

If you are a student who has been accused of sexually assaulting another student, please get help quickly.

Too often students who are accused of serious misconduct in a student disciplinary proceeding keep silent, assuming that if they just tell their version of what happened, everything will work out fine.

This is a mistake.

I have represented students in school disciplinary proceedings who have been accused of sexual assault. It is impressive how many resources a university can bring to investigate and discipline its own students.
...
The school's interest is not in being fair. The school is not trying to make sure that the truth comes out. Rather, the school is trying to make sure it protects itself.

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Database: Lawsuits Against Colleges and Universities Alleging Due Process and Other Violations in Adjudicating Sexual Assault

Article here. Excerpt:

'On April 4, 2011 the Department of Education issued its disastrous “Dear Colleague” letter to colleges and universities across the United States, requiring administrators who had neither the investigative nor prosecutorial prowess of the criminal justice system to determine the guilt and innocence of students accused of felony sexual assault, and to reach their conclusions independent of whatever the police and courts decide.

Worse – the Department of Education demanded these schools determine guilt via a radically low standard of evidence for sex-assault cases: the “preponderance of evidence” standard. Under this model if an administrator feels that there might be a 50.01% chance that the alleged crime occurred, he/she must find the student guilty (“responsible”) for sexual assault. This is further complicated by the lack of numerous other procedural safeguards and methods of evidentiary examination.

Predictably, a wave of lawsuits soon erupted as young men wrongly accused of sex crimes found themselves hustled through a vague and misshapen adjudication process with slipshod checks and balances and Kafkaesque standards of evidence. This page is dedicated to cataloging their legal challenges against schools which – they allege – have violated their rights to due process, unjustly destroyed their names, deprived them of educational opportunities, and committed various other injustices against them in the name of “just following orders.”

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DC’s ‘scarlet letter’: a recipe for injustice

Article here. Excerpt:

'Lawmakers in Washington, DC have proposed the idea of having a ‘scarlet letter’ that would permanently mark the transcripts of students who are investigated by campus authorities for sexual misconduct. If they are introduced, these markers would ‘follow [the accused] to new schools [and] into the workforce’.

Considering the Kafkaesque nature of campus sexual-assault proceedings, which infamously lack even the most basic elements of due process, and the vague (not to mention unromantic) definitions of consent that are often used in them, one would think requiring men who are convicted in these tribunals to be branded for life was a recipe for injustice. But that’s not even the worst part.

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Iowa court upholds ruling clearing student of campus sexual assault

Article here. Excerpt:

'An Iowa appeals court has dismissed an appeal from Iowa State University that would have overturned an earlier ruling regarding a campus sexual assault accusation.

In May 2012, Yempabou "Bubu" Palo, an ISU basketball player, was accused of sexually assaulting a fellow student. Palo and another man, Spencer Cruise, had been friends with the accuser — listed in court records as H.B. — since high school. Palo and H.B. had engaged in sexual activities years earlier.

H.B. accused both men of raping her, and Palo was criminally charged with second-degree sexual abuse. But after an investigation — which included the discovery of fabricated evidence — the charges were dropped. H.B. had claimed that the blouse she had worn the night of the alleged attack had been torn during the encounter but that she had lost it. About seven months after the alleged incident, she found the torn blouse, but said she had washed it a week after the event.

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University system spending $1.7 million to study campus sexual assault

Article here. Excerpt:

'A new state law and a $1.7 million study aim to make the University of Texas a safer place for students when it comes to sexual assault

The new state law mandates all Texas schools inform students of their sexual assault policy and go over it with them every two years

"It's a long time, it is four years," said UT grad student, Omar Awapara. "It is good to have more than one reminder of that."

University of Texas System is also spending $1.7 million to study sexual assault, harassment and dating violence over the next four years. The study will include things like student surveys and focus groups. They'll also track a select group of students through their four years on campus. University officials say this will be the most in-depth study ever conducted at a college campus.'

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Kangaroo courts on campus: a legal travesty

Article here. Excerpt:

'Last week, the Guardian published a report on sexual abuse on UK university campuses. It detailed a number of stories involving young women telling university staff members that they had been sexually assaulted, and the staff’s allegedly poor response. The staff were accused of ‘victim blaming’ and minimising the students’ complaints. The Guardian suggests that a standardised, country-wide set of guidelines be established for universities when dealing with allegations of sexual assault.

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Opponent of new campus due process bill doesn't hide her contempt for basic rights

Article here. Excerpt:

'An opponent of a new bill aimed at providing due process rights to students accused of sexual assault disparaged the thought of such constitutional rights because schools "must prioritize the needs of survivors first and foremost."

That's all well and good, but one does not know whether someone is truly a "survivor" unless his or her story can hold up to scrutiny, something deliberately absent from current campus hearings. But that doesn't seem to matter to Sarah Merriman, a spokeswoman for SAFER Campus, who told the Washington Post why she opposes the "Safe Campus Act."

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On Modern Feminism, From A Male Perspective

Article here. Excerpt:

'A small contingent of women (probably today’s feminists) take the same position as other “minorities” that there is a large majority keeping them down. They are playing on political correctness to accomplish certain goals they define improperly as those of women in general. But the concept is false on two levels.

First, it defines women as a class, a mass, a collective. Women are individuals, just as men are. Each woman has a mind, heart, lungs, brain, the capacity to learn, act, and achieve, and the ability to choose her own goals. And, by the way, the 2010 census tells us that women are a majority, not a minority. They comprise 50.8% of the U.S. population.

Second, it defines women’s goals as universal. They aren’t. Because each woman can define herself as well as decide what to do with her life’s energies. Many women become lawyers, doctors, politicians, business owners, technicians, cab drivers, school teachers, IT specialists… (As the King of Siam says in The King and I, “et cetera, et cetera, et cetera.”) Lo and behold, some women even choose to be housewives, mothers, homemakers, and matriarchs.

Yes, women have not always received proper treatment in society at large. According to the great historical author Barbara Tuchman, many women in the Middle Ages chose the convent over a marriage in which they would be dominated, often cruelly, by a husband who thought they were chattel. Up until the early 20th century, women did not have the vote. There was a glass ceiling forty or fifty years ago. My wife once told her father she wanted to be an architect. He discouraged her. It was unlikely, he explained, that a woman could be accepted in that profession.

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Due-process questions stump witnesses at Senate hearing on campus sexual assault

Article here. Excerpt:

'Gillibrand reinforced traditional gender roles by consistently referring to rape accusers as “she,” and even made an uncredited reference to Columbia rape accuser, activist and porn star Emma Sulkowicz, whom Gillibrand invited to the State of the Union address in January.
...
While AAU supports the “goal” of CASA, it doesn’t want the confidential adviser to have any investigative or reporting role and it sees “potential conflict” with Title IX reporting requirements, Flounlacker said. Collins, who chaired most of the hearing in Alexander’s absence, agreed that “we’re putting schools between a rock and a hard place” on the adviser’s role in CASA.

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Senate Ready to Serve Obama, Marginalize Falsely Accused

Article here. Excerpt:

'The senate hearings are based around faulty statistics, like the frequently debunked “one in five women on campus are sexually assaulted” myth, and overhyped false accusations like the fabricated UVa rape case. In the Caleb Warner case at the University of North Dakota, the Duke Lacrosse case, and more all over the nation, false accusations bring life-altering consequences to the accused. In the Warner case, the University even upheld his expulsion after police brought charges of filing a false report against the accuser.

In this environment of fraudulent anecdotes and phony statistics, the senate on Wednesday opened discussion on a bill ostensibly designed to curb campus sexual assault, but which is notably devoid of due process rights for the accused. In fact, the bill refers to accusers as “victims,” despite ample evidence that they are often victimizers.

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