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.

Yet in academics, skepticism is the defining trait of a good learner. We are taught to inquire and doubt everything that surrounds us. And so it is striking when we are prevented from doing so in cases involving sexual violence. This “always believe the victim” mentality implies that the person at the other end of the accusation must be guilty. He’s being accused ergo, he must have done it. The presumption of innocence goes out the window, along with due process. How does this affect someone? People might be reluctant to be seen with or talk to the accused. Who wants to be associated with someone who has been called a rapist? As a consequence, the person who has been accused is left isolated and confused, all because of one person’s testimony.'