Some Rules About Consent Are ‘Unfair to Male Students’

Article here. Excerpt:

'The Vice-President recently spoke out on campus sexual assault, reminding us that “No means No.” And he’s right; if a woman says no, and a man doesn’t respect that, it’s rape.

But I’ve represented a number of male students accused of sexual assault on campus, and I haven’t yet seen a case of the kind Joe Biden is talking about.

The cases that are prosecuted by schools tend to be much more ambiguous. And a lot of that has to do with how schools view alcohol and consent.
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Everyone knows that drunk college kids have sex. But when a student is found guilty of sexual assault by a school and gets suspended or expelled, he has a mark on his transcript identifying him as a rapist – sometimes for life. That’s stiff punishment for something that almost everyone on campus does.

The only real advantage of the “drunk sex = rape” rule is that it’s easy to enforce. Colleges risk sanction by the Department of Education if they don’t take action in favor of women who report sexual assault. So by having a rule that essentially lets them kick out any male student who is the subject of a complaint, schools are conveniently insulated from liability. But this is deeply and systematically unfair to male students.

When my daughter goes to college, I want that school to do everything in its power to protect her from sexual assault. When my son goes to college, I want him not to risk his future whenever he has sex after a party. And, based on the cases I’ve seen, I’m more concerned for my son than my daughter.'