February 11, 2014

JAMES TARANTO: Drunkenness And Double Standards: A balanced look at college sex offenses.

Winerip notes that between 2005 and 2010, “more than 60 percent of claims involving sexual violence handled by United Educators”–an insurance company owned by member schools–”involved young women who were so drunk they had no clear memory of the assault.” We know from Sgt. Cournoyer that the accused young men typically are drinking to excess, too. What is called the problem of “sexual assault” on campus is in large part a problem of reckless alcohol consumption, by men and women alike. (Based on our reporting, the same is true in the military, at least in the enlisted and company-grade officer ranks.)

Which points to a limitation of the drunk-driving analogy. If two drunk drivers are in a collision, one doesn’t determine fault on the basis of demographic details such as each driver’s sex. But when two drunken college students “collide,” the male one is almost always presumed to be at fault. His diminished capacity owing to alcohol is not a mitigating factor, but her diminished capacity is an aggravating factor for him.

As the Foundation for Individual Rights in Education notes, at some campuses the accuser’s having had one drink is sufficient to establish the defendant’s guilt. . . . In theory that means, as FIRE notes, that “if both parties are intoxicated during sex, they are both technically guilty of sexually assaulting each other.” In practice it means that women, but not men, are absolved of responsibility by virtue of having consumed alcohol.

That is self-evidently unjust, yet it turns out to be a matter of high principle for many feminists. Last fall Slate’s Emily Yoffe, the mother of a college-age daughter, was the target of a Two Minutes Hate for a post titled “College Women: Stop Getting Drunk,” even though she offered the same advice to college men: “If I had a son, I would tell him that it’s in his self-interest not to be the drunken frat boy who finds himself accused of raping a drunken classmate.”

Women are obviously too fragile to handle college. They should just get married young, have babies, and stay home. Luckily, ObamaCare encourages that!