Universities Under Investigation Re: Handling Sexual Assault

[honorgal]

Originally Posted by Kevin

Yes.

Well, that would be the sane thing to do, but we are well passed that. It's a crisis.

[Kevin]

It also occurs to me that an inevitability of victimizing men who are simply accused of rape would further stigmatize rape victims as often being liars and often wielding a rape accusation as a form of power over men to be used arbitrarily and indiscriminately. Imagine fostering a culture where accused rapists begin to be viewed as victims. How does anyone win in that scenario?

[DeltaBetaBaby]

Originally Posted by Kevin

Imagine fostering a culture where accused rapists begin to be viewed as victims.

You don't think this is exactly the scenario we live with today?

[Kevin]

Originally Posted by DeltaBetaBaby

You don't think this is exactly the scenario we live with today?

That literally made me laugh out loud.

[DrPhil]

If one more person types the phrase "false dichotomy" I am closing this thread. SydneyK started that phrase trend.

/not a moderator

[honorgal]

Originally Posted by DrPhil

/not a moderator

[DrPhil]

@ MysticCat

Originally Posted by honorgal

you ----------------------------------- the joke

[MysticCat]

Originally Posted by DeltaBetaBaby

No, a competent justice system balances the risk of innocent people being punished against the risk of letting the guilty go without consequences. Minimizing the chance that innocent people will be punished is simple...don't have a justice system at all.

Then Western cultures have, for the most part, operated without competent justice systems since at least the time of the Romans.

Originally Posted by honorgal

Blackstone's ratio:

"It is better that ten guilty persons escape than that one innocent suffer".

Or as Ben Franklin rephrased it: "That it is better 100 guilty Persons should escape than that one innocent Person should suffer, is a Maxim that has been long and generally approved."

Originally Posted by DrPhil

If one more person types the phrase "false dichotomy" I am closing this thread. SydneyK started that phrase trend.

/not a moderator

False dicho . . .

. . . oh, never mind.

[honorgal]

Judge: Duke University can't expel student accused of sexual misconduct

http://washingtonexaminer.com/judge-...rticle/2549279

[Low D Flat]

Now, THAT is going to be interesting. This was just a ruling on a preliminary injunction, which is a way of freezing matters until there is a decision on the merits. But it's going to be quite a monkey wrench in university actions if courts start controlling the internal processes by which schools expel students.

[honorgal]

The "fair and just process" that Duke claims it follows:

the accused student is consigned to an “advocate” who cannot speak in the hearing that will determine whether Duke brands him a rapist;

consent is vaguely defined, on grounds that “alcohol or other drugs can lower inhibitions and create an atmosphere of confusion over whether consent is freely and effectively given”;

a preponderance of evidence (50.01 percent) threshold is used;

the accused student cannot directly cross-examine his accuser;

the accused student only has a maximum of five days to examine the evidence that Duke has compiled against him, while he lacks the power to subpoena potentially exculpatory evidence from the accuser;

double jeopardy exists, in that the accuser can appeal a not-guilty finding;

Duke is allowed to use evidence from anonymous parties against the accused student.

Seems fair, no?

[MysticCat]

^^^ Is that a quote for the Duke process? If so, what are you quoting? If not, what's your source for the process you describe?

[honorgal]

Originally Posted by MysticCat

^^^ Is that a quote for the Duke process? If so, what are you quoting? If not, what's your source for the process you describe?

Distilled from
Plaintiffs court filing http://lincolnparishnewsonline.files...g-argument.pdf

Judge's injunction
http://lincolnparishnewsonline.files...prelim-inj.pdf

And Duke's website

https://studentaffairs.duke.edu/cond...ual-misconduct

[Kevin]

What a kangaroo court that looks to be.

[honorgal]

http://townhall.com/tipsheet/katiepa...fense-n1849213