Quote:
Originally Posted by MysticCat
Okay, but going back to the earlier post, are you suggesting that when a male student is accused of violating the school's code of student conduct by engaging in sex without the consent of the woman involved, that earlier similar accusations should be considered as evidence that he is guilty of the "current" accusation? Evidence of that sort wouldn't even be admissible in a civil case in court.
As I said before, my problem with lowering the standard to a preponderance of the evidence standard as in most civil cases is that the consequences are more akin to criminal consequences. Civil cases are about liability, not guilt. When the consequence is expulsion, with the long-term ramifications that can have (especially if the expulsion is viewed as being for commission of a felony without actually ever being tried for that felony), I just don't think "more likely than not" can cut it. Perhaps something closer to a clear and convincing evidence standard—higher than preponderance of the evidence but lower than beyond a reasonable doubt—might be workable, but I would still question that.
I understand the concern that victims' rights are being minimized. But I'm concerned when any corrective to that simply trades one problem for another, and that's the case if things shift so that an accused's rights are minimized. An ideal system would balance the rights of the accuser and the rights of the accused. And I have my doubts that most schools are equipped to pull that off.
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I disagree that being kicked out of college comes anywhere near a criminal penalty, and FERPA would prevent the university from saying anything about it being a rape case, anyhow. Nobody has a constitutional right to a college degree, and college kick people out routinely for things that aren't criminal acts.
Of course the balance is tricky, but as I said upthread, there is research suggesting that one of the reasons rapists continue to rape is that they know there will be no consequences. By *not* holding rapists accountable, it's not just a matter of denying the victims any sort of justice, it's also causing more rape.
And yes, if you have someone who multiple women accuse of rape, who says he didn't rape...well, Occam's Razor.
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