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MAN EXONERATED BY DNA — AND HE DIDN’T EVEN REQUEST IT.

Michael Phillips had long ago given up trying to clear his name. At 57, he was a registered sex offender, living in a nursing home, wheelchair-bound from severe sickle cell anemia.

Then in May, two police officers delivered news that Phillips says only God could have ordained: Dallas County, Texas, prosecutors had proved through DNA testing that he had spent 12 years in prison for a rape he hadn’t committed.

Hundreds of people have been exonerated through DNA testing. But on Friday, Phillips will become the first exonerated by DNA through systematic testing by a prosecutor’s office even though he hadn’t requested the testing, according to the National Registry of Exonerations, a project of the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University School of Law.

“I’m in awe,” Phillips of Dallas told USA TODAY. “At first, I thought I was like, kind of in another time zone or a twilight zone.”

As the news sank in, he says, the Holy Spirit confirmed to him that it was all part of his life’s plan.

The exoneration comes thanks to the Dallas County District Attorney’s Conviction Integrity Unit, which is testing DNA evidence on decades-old cases even when convicted defendants aren’t proclaiming their innocence.

It’s great that they’re doing this. It’s terrible that a man spent 12 years in prison, and was forced to register as a sex offender, for a crime that he didn’t commit. Let’s not forget about that part.

NONSENSE. IT’S ALWAYS THE FEMINIST THING TO PUNISH MEN, ESPECIALLY OVER SEX: Elizabeth Nolan Brown: Punishing Prostitution Clients Is Not a Feminist Solution.

My question is why all these so-called feminists are pro-rape.

“RAPE CULTURE” IS A PROPAGANDA-TALKING-POINT LIE: The “Affirmative Consent” Trap: California lawmakers take on “rape culture” at the expense of rights.

FROM K.C. JOHNSON, some final thoughts on the Duke Lacrosse false-rape debacle. “Higher education is perhaps the only product in which Americans spend tens or even hundreds of thousands of dollars without having any clear sense of what they are purchasing. Few parents, alumni, legislators, or prospective students spend much (if any) time exploring the scholarship or syllabi offered by professors at the school of their choice; they devote even less effort to understanding hiring patterns or pedagogical changes that have driven the contemporary academy to an ideological extreme on issues of race, class, and gender. At most, there seems to be a general — incorrect — impression that while colleges have the occasional ‘tenured radical’ who lacks real influence on campus, most professors fall well within the ideological mainstream. . . . The lacrosse case provided a rare opportunity to glimpse inside the mindset of an elite university—and the look was a troubling one. There is no evidence of any accountability at Duke: the university has the same leadership and the same hiring patterns it had in 2006. Several members of the Group of 88 have gone on to more prestigious positions, their efforts to exploit their students’ distress causing them no problem in the contemporary academy.”

THE SCIENCE IS SETTLED: When Rhode Island accidentally legalized prostitution, rape decreased sharply.

If you favor keeping prostitution illegal, you’re pro-rape. You don’t want to be pro-rape, do you?

ANOTHER PRESS RELEASE FROM PROF. JOHN BANZHAF:

Illegals Crossing Border Have More Rights Than College Students Accused of Rape

WASHINGTON, D.C.: Tens of thousands of illegal immigrants, both children and adults, now streaming across the border, have more procedural protections – like the right to an impartial hearing, to require the production of documents, to present evidence, to cross examine those testifying against them, and to have their own lawyer present – even though it appears that most will never be deported, and those who are deported will simply be returned to their homes, whereas the much smaller number of college students who face expulsion and all of its life-altering consequences for alleged date rape have no such rights.

The disparity in procedural protections is likely to shortly become even worse, with a just-filled law suit seeking to require that each of the 60,000-plus unaccompanied children who have come across the border since November get taxpayer-funded representation at deportation hearings.

President Obama has just requested $15 million for attorneys to represent unaccompanied minors in deportation removal proceedings, and an additional $1.1 million for “immigration litigation attorneys” who, presumably, would assist adult illegal immigrants in their proceedings.

“The president is asking U.S. taxpayers to spend millions to help illegal immigrants who knowingly broke our laws to avoid deportation,” says Jessica Vaughn, director of policy studies at the Center for Immigration Studies; a decision which may have dire consequences for our entire immigration policy.

Indeed, if these and other budget requests are not approved, other border functions will have to be cut, said Homeland Security Secretary Jeh Johnson. “At the current burn rate, ICE is going to run out of money at mid-August and we project CBP will run out of money in mid-September,” Johnson said.

In sharp and dramatic contrast – even though the issues in typical “he said, she said” date rape proceedings tend to be far more complicated to resolve, and often require skilled cross examination to get to the truth – students accused of date rape and other sexual assaults are often not permitted to even have their own attorneys present, much less to conduct cross examination, something which would cost colleges nothing.

Indeed, even cross examination to test the veracity of what is often the only direct evidence of wrongdoing – the testimony of the complainants, some 60% of whom are so intoxicated that they have no clear memory of the event, and some 33% who had mental health issues prior to the alleged assault – often is not permitted in college adjudicatory proceedings.

This is especially upsetting when the U.S. Supreme Court has ruled that the Constitution requires Due Process procedural protections – including cross examination and the right to counsel – before other arguably less serious consequences such as the loss of disability benefits, cuts in welfare benefits, wrongful terminations, etc.

So far, more than a dozen students have successfully sued their universities for improperly finding them guilty of date rape, and more than a dozen more cases are pending, says public interest law professor John Banzhaf, who first spotted the trend.

Because so many of these law suits involve allegations of violations of Due Process, judges may soon begin determining exactly what procedures are required by the Constitution, taking these controversial issues out of the hands of both legislators and college administrators, he predicts.

“The Supreme Court has determined that judges – not legislators or regulators – have the final say in determining under the Constitution which procedural protections a person is entitled to, and has set forth a formula which requires that judges consider both the seriousness of the loss to the accused and the importance of the procedural protection for preventing that loss,” says Banzhaf.

Like I keep saying, there’s a lot of low-hanging legal fruit in the higher-education sector.

CIVIL RIGHTS UPDATE: New Organization Founded to Promote Due Process on Campus. “FIRE is pleased to announce the launch of a new organization, Families Advocating for Campus Equality (FACE), dedicated to defending due process on campus.”

Related: The Trouble With Campus Rape Tribunals.

FALSE CHARGES: Conor Oberst’s Name Cleared; Rape Accuser Admits She Lied. “The statements I made and repeated online and elsewhere over the past six months accusing Conor Oberst of raping me are 100% false. I made up those lies about him to get attention while I was going through a difficult period in my life and trying to cope with my son’s illness. I publicly retract my statements about Conor Oberst, and sincerely apologize to him, his family, and his fans for writing such awful things about him. I realize that my actions were wrong and could undermine the claims of actual sexual assault victims and for that I also apologize. I’m truly sorry for all the pain that I caused.”

Will there be criminal charges?

I’M SIDING WITH JOHN WAYNE’S ESTATE OVER A UNIVERSITY THAT EMBRACES FALSE RAPE CHARGES: Duke And The Duke Duke It Out Over Duke Bourbon.

“INDOCTRINATE” IS THE KEY WORD HERE: Sen. McCaskill Would Indoctrinate Judges About “Rape Myths.”

EVEN ELEANOR CLIFT IS CATCHING ON TO THE SCAM: Is the Campus Rape Crisis Overblown?

NEW ZEALAND’S PROPOSED RAPE LAW “REFORMS:” No “right to silence,” and burden of proof shifted to the accused.

WAR ON WOMEN: Lib Ghoul Threatens To Rape Teen Daughter Of Leading Obamacare Critic.

WAR ON WOMEN: Hillary Clinton Refuses To Apologize For Laughing About 12-Year-Old Rape Victim She Maligned In Court. The thing is, all the “war on women” talk is aimed at energizing wealthy white women. The rape victim didn’t fit the demographic, so she’s disposable.

THE SCIENCE IS SETTLED: K.C. Johnson: New Data Refutes ‘Rape Culture’ Activists. “The gap between these figures and an emergency that requires decimating due process protections for accused students is so wide that it’s hard to ignore. Yet another reason to doubt the good faith of the Task Force effort.”

You don’t want to be a science-denier, do you?

JIM TREACHER: Has Hillary Clinton Apologized Yet To The Rape Victim She Dragged Through The Mud And Laughed About? “I realize this question doesn’t narrow things down. Specifically, I’m referring to that 12-year-old Arkansas girl in the mid-’70s, whose assailant Hillary got released with time served.” Hillary’s defenders say she was just doing her professional duty. But there was no professional duty to gloat and laugh.

JONAH GOLDBERG: Obama, Quit Crying ‘Crisis.’ Crises give politicians more power, but actually Americans are doing pretty well.

Politicians and journalists have a common interest in crises. When there’s a crisis, people buy newspapers and turn on the news to learn how our political leaders will fix the problem. Indeed, crises give politicians more power, which is why so many politicians are fond of the phrase “a crisis is a terrible thing to waste.”

President Obama has been particularly fond of fomenting a sense of crisis — environmental, economic and social — because he thinks doing so will advance his agenda. But every now and then, the truth comes out.

This spring, President Obama visited Malaysia. While talking to a group of young people, he repeated to them what he also tells the White House interns.

“I always tell them that despite how hard sometimes the world seems to be — and all you see on television is war and conflict and poverty and violence — the truth is that if you had to choose when to be born … now would be the time.” Optimism is warranted he continued, “because the world is less violent, it is healthier, it is wealthier, it is more tolerant and it offers more opportunity than any time in human history for more people than any time in human history.”

Obama was right. Just look at the numbers. Since 1990, child mortality globally has fallen nearly in half (48%). Maternal deaths have dropped almost a quarter, and the pace of improvement is accelerating. . . .

Indeed, at times it seems as if there’s an inverse relationship between the scope of a problem and the hysteria around it. For instance, today, college campuses are in a panic about a “rape epidemic.” Meanwhile, forcible rapes are down 80% in the U.S. since 1973.

Another source of anxiety these days is “white supremacy.” No doubt there is still racism in America — both structural and intentional — but can anyone outside the hothouse of racial paranoia at MSNBC really dispute that there is less today than there was at any other period in American history? And let’s not even dwell on a “war on women” that is largely defined as opposition to unnecessarily subsidized birth control.

Never let a crisis go to waste, even if you have to invent it.

YEAH, THAT’S PRETTY MUCH BY DESIGN: “Rape Culture” Theory Ensnares Innocent Men.

CATHY YOUNG: “Affirmative Consent”: The Sex Police on the Defensive.

While the bill has been criticized across the political spectrum as an intrusive and bizarre attempt to micromanage sexuality, its defenders are mobilizing as well. They claim that “affirmative consent” is meant simply to ensure that all sex is wanted sex and that its critics are either rape-loving misogynists or misguided folks confused about what this standard actually means.

So, how convincing are those defenses?

A rather strongly worded diatribe against “rape apologists”—and, specifically, yours truly—comes from firebrand feminist blogger Amanda Marcotte on RawStory.com. According to Marcotte, I am a “professional female misogynist” who thinks that women “exist in a state of consent all the time” unless they explicitly say “no.” Of course, what I actually wrote was that consent is usually given through nonverbal cues—often, especially in first-time sex, in a gradual buildup of physical contact.

So, nothing says “reasonable discussion of due process” and “understanding of normal mating behavior” like Amanda Marcotte, and Raw Story.

WOMAN ARRESTED for false rape reports. “Starkville police arrested a Crawford woman for filing a false police report Thursday. Authorities say Carolyn Monroe, 47, reported she had been raped by a male acquaintance at America’s Best Value Inn on Highway 12 Sunday. Detectives say Monroe admitted the claims were false during an interview and stated she did not want to press charges.”

RUTH MARCUS on Hillary Clinton’s Money Problems. “You are truly well-off by anyone’s definition of the term. And hard work is the guys tearing up my roof right now. It’s not flying by private jet to pick up a check for $200,000 to stand at a podium for an hour. . . . Which gets me to the second set of issues: how you’re continuing to ­vacuum up the money, and the aura of greediness it exudes. Madam Secretary, enough already. This behavior borders on compulsion, like refugees who once were starved and now hoard food. You’re rich beyond your wildest imaginings! You don’t need any more!”

Well, after she had to make that dress out of drapes, Hillary swore she’d never be poor again. And if Hillary doesn’t actually plan to run, then dangling the possibility of her candidacy still helps her rake in more money now.

A FALSE CAMPUS RAPE CASE WITH A TWIST: Bizarre Lesbian Assault Case Revived in Georgia.

A woman arrested based on fabricated claims that she sexually assaulted a female classmate may have a case against college police officers, the Georgia Supreme Court ruled.

The arrest stems from a report that Haley Maxwell made to the Department of Public Safety at Agnes Scott College in Decatur, Ga., in April 2009. Maxwell claimed that her classmate Amanda Hartley had beaten and sexually assaulted her in Maxwell’s dorm room two weeks earlier.

Maxwell also claimed that she had gone to Hartley’s apartment in Knoxville, Tenn., just the night before and that Hartley beat her again.

Hartley said campus police had her arrested in Tennessee on charges of battery, sexual battery and aggravated sexual battery.

She was extradited to Georgia where she allegedly faced more than three weeks of incarceration.
In her lawsuit against Agnes Scott College, three of its campus police officers and the head of the public-safety department, Hartley said a reasonable investigation by the District Attorney’s Office showed that Maxwell fabricated the whole ordeal.

Evidence allegedly showed that Hartley was not in Georgia at the time of the assault, and the charges against her were dismissed in December 2009.

The defendants claimed immunity under the Georgia Tort Claims Act, but the trial court refused to dismiss the case.

Good. False accusations should have consequences.

DO TELL: Panel: Campus Rape “Epidemic” May Be Overblown.

DATA: Sexual Assaults At The University of Michigan Don’t Support Claims of an “Epidemic.” “Note also that the downward trend in sexual assaults at UM is consistent with the downward trend in the national incidence of rape, which has fallen by 45% over the last 20 years, from 42.8 per 100,000 people to 23.6 per 100,000 last year (see chart below). If there’s a ‘rape epidemic’ in America, it certainly isn’t supported by the FBI national crime data.” Facts, data, and logic are tools of the Patriarchy.

ANN ALTHOUSE ON THE LEFT’S ASSAULT ON GEORGE WILL:

I think what is happening is more nefarious, because it focuses on the person. It’s not just an idea that is put off limits (such as questioning the veracity of a woman who accuses a man of rape), it’s the person who dares to say it. You are to be regarded as toxic. It’s this fear of being regarded as toxic that inhibits many people from speaking.

The problem isn’t merely that the debate is chilled — that people don’t get to hear the arguments on different sides — but that people are also influenced to choose their side out of a psychological need to be accepted by others and not shunned. Even if, in a chilled-debate environment, you sought out information and arguments on your own and even if you saw the value in them, you might still choose your position out of a desire to be thought of as one of the good people. So the argument “George Will is toxic” works even on people who think George Will makes a persuasive argument.

I’m using the word “toxic” — the poison metaphor — because I see it a lot, and because to me — someone who has lived and worked in a liberal environment for a long time — it expresses the threat of shunning so well: You are afraid that if you associate at all with the toxic person — if you offer one good word — you will have toxin on you, and others will have to avoid you lest they become toxic.

So lefties are basically like Evil Amish, then.

PETER LLOYD: Why anonymity for men accused of rape is imperative.

After five weeks of public humiliation, finger-pointing and gender bias – both on campus and in the media – police confirmed that he won’t face a single charge over two unfounded rape allegations.

Not one. Nothing. Nadda.

But, like countless men all over the world – including Paul Weller, Amy Winehouse’s ex-boyfriend Reg Traviss, Nigel Evans MP, William Roache and Craig Charles – Sullivan’s life has already been affected by a system that considers men’s innocence a bonus, not a baseline.

What a joke.

In a damning example of everyday sexism, Sarah Pine, President for Women at Oxford University Student Union, spearheaded a character assassination against the innocent 21 year-old, before the accusations against him had time to be considered.

She devised a boycott of speakers scheduled to appear at the Union and called for Sullivan to resign. Interpol Secretary General Ronald Noble, Norman Finkelstein and – rather worryingly – David Mepham, UK Director of Human Rights Watch, both jumped on board the hysteria train, parping their horns along the tracks of misandry and make-believe.

Jennifer Perry, CEO of the Digital Trust and author of the UK guidelines on digital risks, resisted – and later spoke of how she felt ‘threatened’ and ‘intimidated’ by Pine’s gender-driven agenda.

So much for innocent until proven guilty. . . . Is this modern feminism? I can’t help think it’s less third wave, more Third Reich.

Related: 40M Settlement Reached In Central Park Rape Case.

The five black and Hispanic defendants were found guilty as teenagers in 1990 in the attack on a white woman — an investment banker — who had gone for a run in the park.

They served six to 13 years in prison before their convictions were thrown out in 2002 because of evidence that someone else, acting alone, committed the crime. The five sued police and prosecutors for $250 million.

And, of course, the guilty party went unpunished.

MODERN FEMINISM: Apparently, it’s about men bashing other men for being men, in pieces edited by men. “Solution: Female Power. Hillary Clinton stands ready to restructure the old stratifications. This woman has amazing experience, including that time she sent a rape victim ‘through hell.’”

From the comments: “In Hillary Clinton’s America, child rapists are entitled to a vigorous defense and straight white men in college are subject to guilty without a trial.”

HARVEY MANSFIELD ON “Rape Culture” At Harvard.

WAR ON WOMEN: Rape Victim of Clinton Client Speaks Out: Hillary ‘Took Me Through Hell.’ You know, I think it would have been better for the GOP if Hillary had waited until 2016 to implode.

JAN MOIR: Shame on the she-furies who always assume men are guilty of rape…

Arrested at dawn. Placed on police bail for nearly two months. The target of a feminist crusade to further blacken his name.

What now for Ben Sullivan, the President of the Union at Oxford who has been told he will not be charged with rape? Can he expect an apology from those who campaigned so virulently against him?

Don’t hold your breath.

The 21-year-old history and politics student was arrested in May on suspicion of rape and attempted rape; accusations made against him by two different women. As Sullivan was the head of the debating society, he was a patriarchal cherry on the cake; a very high-profile student in a prestigious university. He was shown no mercy.

Sarah Pine, President for Women at Oxford University Student Union, wasted no time in leading the witch hunt against him. . . .

Had it gone to trial, Ben Sullivan’s guilt or innocence would have been a matter for the courts to decide. And if found guilty, his punishment would have been a lengthy jail sentence. Yet all this happened before the CPS had decided whether or not to charge him.

This is part of a chilling trend in which, on U.S. university campuses, feminists have become self-appointed rape cops. If a male student is accused of a sexual assault on a female student, it has become alarmingly commonplace for it to be dealt with in-house, as opposed to by the police.

University officials consider the evidence, deal with the matter and mete out the punishments to the offenders.

The article notes that people are beginning to call for anonymity for those accused before conviction, and tougher punishments for false accusations, which appear to be distressingly frequent.

CATHY YOUNG: The Brown Case: Does It Still Look Like Rape? “Aside from Brown’s handling of the case, the most striking aspect of this story is the utterly pathetic performance of the media. No attempt was made to independently verify any of Sclove’s claims. Most publications made no attempt to get Kopin’s side of the story. No one thought to ask such basic questions as: If Sclove was indeed violently raped and strangled, why didn’t she go to the police? Would Brown officials really readmit a known violent rapist after a brief suspension and run the risk of him reoffending? Of course, this lack of critical scrutiny is entirely typical of the media coverage of campus rape controversies. One can only wonder how many stories of universities letting rapists off the hook and re-victimizing women who have been sexually assaulted would hold up on impartial examination. With more and more commentators questioning the “rape culture” moral panic and the “justice” of campus kangaroo courts, perhaps the media will finally start doing their job.”

JUSTICE: Rape charge against Newark man dismissed after woman admits to lying. Note, however, that the story gives the name of the man falsely accused, but not of the woman making the false charge.

BUT THEY’VE BEEN TRAINED TO DO JUST THAT ALL THEIR LIVES: JoAnna Williams: Female Students Shouldn’t Play The Victim Card. “The current talk of a university ‘rape culture’ is merely the product of female students being encouraged to interpret the messy, uncomfortable and perhaps regrettable processes that are involved in negotiating relationships and sex through the prism of rape. The introduction of compulsory lessons in how to ensure sexual consent at many universities will only exacerbate this trend.”

It will also exacerbate the bursting of the higher education bubble, as college becomes less appealing — to women, who are now being told college is a cesspit of rape, and to men, who have increasing reason to fear a kangaroo-court proceeding.

WOMAN 36, RAPES BOY, 11, AND CAN’T BE CHARGED because law only recognizes women as rape victims.

IT’S ANNOYINGLY UN-LINKABLE, but this emailed press release from George Washington University Law Prof. John Banzhaf summarizes the state of the campus sexual assault litigation crisis:

WASHINGTON, D.C. (June 9, 2014): Colleges being asked by U.S. Senator Claire McCaskil how they deal with allegations of rape and sexual assault are being advised by attorneys to “lawyer up,” while more male students found guilty of rape or sexual assault by their universities are bringing law suits – almost a dozen of which have already been successful – charging that the institutions badly “screwed up” both the investigations and the campus hearings, notes public interest law professor John Banzhaf.

In a slide show of legal advice prepared by lawyers for member universities of the American Council on Education [ACE] which received the inquiries, universities were warned about responding to the survey about rape and sexual assault because it could lead to “reputational harm,” “additional investigations” and “litigation,” and also cause “public relations risks.”

Lawyers reminded the universities, as they do large corporations accused of wrongdoing, that a congressional request for information “is not a subpoena”; that they can often duck by looking for an “opportunity to recast the questions”; and should be mindful of “what will play well on TV.”

ACE originally even refused McCaskil’s request for copies of slides used in a legal slide show to warn representatives of universities how to make their answers “bulletproof,” and provided the slides only once it became clear that copies had surfaced and were about to be published.

Reportedly, ACE is still refusing to tell the senator which institutions attended the “lawyer up” slide show. Meanwhile, colleges are facing a possibly more serious challenge as many male students found guilty of rape or sexual assault by their institutions are taking them to court and winning:

BROWN I – she didn’t remember the event, he said the sex was consensual, but was found guilty; was reported on TV as case of “When Yes Means No”; case settled by university

BROWN II – student charged the school interfered with his efforts to clear his name because of pressure from accuser’s father, an influential alum and a major donor; lawsuit settled by university

DENISON – accused passed lie detector test, was found guilty anyway by university, sued on ten different legal grounds including violation of rights; case settled by university

DUKE I – famous case involving lacrosse players, law suit charged conspiracy to fame players, and was settled by the university for an undisclosed amount

DUKE II – judge very recently prohibited university from expelling a student convicted of rape, because of alleged pressure on the campus tribunal to get tough on rapists

GEORGE WASHINGTON – was forced to settle a case where a former student sued the school for allegedly unfairly convicting him of sexual assault

HOLY CROSS – school policy held male responsible if both parties were drunk; university’s “responsible” finding was overturned; he was returned to school with no adverse mark on transcript

OCCIDENTAL – order of stay granted by the court when the student complained about improper procedures and definitions used in the campus proceeding which convicted him

SAINT JOSEPH – federal judge upheld lawsuit brought by male student against university, a university employee, and even the female complainant, under several novel legal theories

UNIVERSITY OF THE SOUTH – jury ruled university was negligent in a case that found a student guilty of sexual assault, saying that it did not follow its own published procedures

XAVIER – judge upheld a law suit, based upon many different legal theories, by a male student against his university which had earlier found him guilty of rape; university then settled

Also, late last week, in a case with some striking parallels, a military appeals court overturned a Marine’s rape and sexual assault convictions because of the unfairness of pressure to convict from higher ups; an allegation common to several students’ complaints

Meanwhile, law suits filed by students convicted by their universities of rape and/or sexual assault are pending against Bucknell, Cincinnati, Columbia, Delaware State, Depauw, Drew, Kenyon, U of Michigan, Philadelphia U, Swarthmore, Vassar, Williams, and perhaps others.

More such legal challenges are likely to be brought as pressure from the President, several federal agencies, women’s rights organizations, and individual women and groups on campus result in more findings of guilt where they may not be warranted by the facts and/or because the procedures used did not protect the accused student’s rights, says Banzhaf.

This may be especially true as the federal government pressures schools to convict, not where the evidence establishes proof beyond a reasonable doubt (the usual standard in rape cases) or even by clear and convincing evidence, but rather where the conclusion is based upon a mere preponderance of evidence.

This means that, in many “he said, she said” cases where there is no other corroborating evidence and the two students’ stories conflict, the campus tribunal just has to find her story a little bit more convincing than his to expel the male student and scar him for life, says Banzhaf, who has brought more than 100 successful legal proceedings charging sex discrimination against women.

Finding sexual assault by a mere preponderance of evidence may be appropriate where the consequence is a campus-wide restraining order, or a mandated move to another dorm or class to avoid facing the female complainant, but some higher standard may be required by law when the penalty, as in the Duke case, is expulsion plus loss of a diploma which he earned and is needed for his new job, says Banzhaf.

One major problem confronting prosecutions for date rape is that among the 50 states and the District of Columbia, only 17 explicitly prohibit rape involving penetration without consent. For example, in North Carolina, the home of Duke, a man is not guilty of rape when he simply sexually penetrates a female without her consent, providing that no force is used or threatened.

More specifically, in North Carolina, a male is guilty of first degree rape only if the intercourse is inflicted by “force and against the will of the other person,” whereas to constitute second degree rape, the defendant must have vaginal intercourse with someone who is “physically helpless.”

But North Carolina’s narrow definition of “physically helpless” – unconscious or unable to resist or communicate – may not include the all-too-familiar situation of a female university student whose ability to meaningfully consent may have been significantly impaired by alcohol, although she can still move, speak, and sometimes even exchange email or text messages, says Banzhaf.

Since so many date rape complaints allege that sex occurred without the female student’s consent, but without the use of force or the threat of force, prosecutions may not be successful, or are likely to be overturned on appeal, even if the victim’s testimony of the events which occurred is believed, says Banzhaf, who is working on new procedures to improve date rape proceedings.

As I’ve said before, if I were a plaintiff’s lawyer in a college town, I’d be running ads saying “Falsely accused of sexual assault on campus? Sue the b*st*rds!”

UPDATE: From the comments: “It is interesting that the list of colleges are mostly private, very expensive schools.” Yeah. Why would anyone pay top dollar to an institution that shows such disregard to its six-figure customers. The male ones, anyway.

Also: “Wow. Put together like that, it is a stunning list of misconduct by universities.” Yes, yes it is.

#WARONMEN: Exclusive: Brown University Student Speaks Out on What It’s Like to Be Falsely Accused of Rape. “Brown’s justice system bears little resemblance to a traditional court. Kopin’s advisor during the investigation and the hearing was the campus director of dining services, who he says had little knowledge of the disciplinary process. Criminal defense and civil rights attorney Harvey Silverglate, who was retained by the Kopins but was barred from any role in the campus disciplinary process, says in an email, ‘Dan, because factually innocent of everything except some bad judgment, was suspended for “only” one year, which quite often in today’s academic environment is the penalty for the innocent.’”

Why would anyone pay top dollar to attend such an institution?

21ST CENTURY RELATIONSHIPS: Nude selfies lead to rape rap against Saugus mom. “A married mom betrayed her family’s trust by having sex with her daughter’s teenage friend in a hotel room and a parked car before swapping the nude selfies that were her undoing, authorities said. Heather Salines, 38, has pleaded not guilty to six counts of aggravated rape of a child, one count of enticement of a minor and one count of dissemination of pornography to a minor. She confessed to two instances of sex and sending photos, according to police reports. . . . ‘(W)hen I looked at him, he did not act like a 15-year-old … he acted like a grown man,’ she told police.”

When you think about it, she’s really the victim here.

THAT’S ALL? A “CAUTION?” False rape claim girl given caution for wasting police time.

TEACHER CHARGED WITH RAPING BOY flipped out with jealousy when he had a prom date.

ACCOUNTABILITY: Jail for woman who told husband she had been raped to hide her affair.

MORE MEN ARE SUING OVER SEXIST CAMPUS POLICIES: Duke, Grossly Unfair Again, Is Back in Court.

To defend its actions, Duke sent to court Dean Sue Wasiolek, a figure who had a somewhat checkered record in the lacrosse case. Wasiolek lacked the almost casual disregard for due process of one of her superiors, Vice President for Student Affairs Larry Moneta, or the personal cravenness of Duke president Richard Brodhead. On the other hand, she urged the lacrosse captains not to tell their parents about the incident, advice that helped explain why they didn’t seek attorneys for several days.

Independent reporter John Tucker covered the hearing, and it seemed as if Wasiolek’s testimony didn’t go very well for the school. She admitted that Duke had never placed the presumption of expulsion in its published student handbook—but suggested this didn’t matter. “It is an understood practice. … We didn’t feel the need to make it public.” How something that’s not public can be an understood as standard must remain a mystery.

And she appeared to concede that Duke doesn’t take seriously Title IX’s promise of not discriminating on the basis of gender. Noting Duke’s finding that a rape occurs when a panel concludes based on 50.01 percent probability that a student had reached an incapacitating level of intoxication that rendered the student unable to give consent to sex, McLeod’s lawyer asked Wasiolek what happened if both students were drunk. In that case, presumably, “they have raped each other and are subject to expulsion.” Not so, stated Wasiolek: “Assuming it is a male and female, it is the responsibility in the case of the male to gain consent before proceeding with sex.” How this policy can be reconciled with Title IX must remain a mystery.

I got a press release from legal entrepreneur John Banzhaf on this yesterday, which suggests to me that the Title IX lawsuits are on the way.

SINS OF THE ELDERS: Who Is Really To Blame For “Rape Culture?”

KANGAROO COURT UPDATE: K.C. Johnson: More on Vassar’s Rigged Sex Hearing.

According to the filing, Vassar’s Title IX investigator, who had been on the job for nine months, “could not remember any training he received.” The investigator subsequently admitted–at his deposition in the lawsuit–that Walker’s Facebook messages undermined her statement to the Vassar tribunal, but that he didn’t recognize the problem during his inquiry. And he added that while he looked into Walker’s alleged intoxication, it wasn’t Vassar’s policy to inquire about the alleged intoxication of the male student. Yet since Vassar (like most schools) holds that sex after a certain level of intoxication constitutes rape, how can the level of intoxication of both parties not be relevant? This would seem to be a Title IX issue of treating females differently than males.

It seems all but certain that in future years, lots of male students will suffer Yu’s fate. Parents of future students would be well-served in taking a look at how Vassar treated him.

Six figures for a chance at being branded a rapist in a Kangaroo Court? Not much of a deal. But these procedures seem vulnerable to all sorts of lawsuits, not just limited to Title IX. At some schools they may rise to the level of conspiracies to deprive people of civil rights, and possibly even RICO violations.

IT’S ALL HILLARY2016 BATTLESPACE PREPARATION: A.J. Delgado: Crying Rape: Is there really a rape epidemic? Probably not. It’s very important for Hillary that women are afraid and looking for a Big Government protector, while men are chastened and silenced. This narrative is part of that.

PUNCHING BACK TWICE AS HARD: Students Accused of Rape Can Fight Back // Court OKs Suits Against University, Employees, and Female.

With so much attention focused on the alleged failures of many universities to forcefully prosecute male students accused of date rape and sexual assault, the problem of universities whose judicial proceedings are unfair to the accused, and/or are overzealous because of pressure from female students or otherwise, have been largely overlooked.

But now a new judicial ruling gives those wrongly convicted a powerful new weapon – they can sue the university, the employees who participated in the proceedings, and even the accused herself in federal court for substantial monetary damages and other remedies, notes public interest law professor John Banzhaf, who was twice called a “radical feminist.”

After a school tribunal at Saint Joseph’s University found a male student to have committed sexual assault arising out of an incident of allegedly consensual sexual intercourse, he took legal action, says Banzhaf, who has been successful in over 100 sex discrimination proceedings.

The federal court held that he was entitled to sue the private university under the state’s Unfair Trade Practices and Consumer Protection Law, and that he could also sue the university, university employees, and the female complainant for defamation (slander), with the court holding that their accusatory statements about him were not legally privileged.

Banzhaf has a nose for developing legal trends.

PROF. MARK PERRY: Before declaring that there’s a ‘rape epidemic’ in the US, has anybody bothered to check the actual data? Apparently not.

raperate

“The chart above is based on the FBI’s Uniform Crime Reports available here and here, and shows the annual frequency, or rate of rapes per 100,000 population, from 1974 to 2012 (most recent year available). From 1974 to 1992, the rate of rapes in the US was increasing from 26.2 per 100,000 population to a peak of 42.8 in 1992. Then for the next 20 years, the rate declined in almost every year, and fell to a 36-year low of 26.7 rapes per 100,000 in 2012, the lowest rate since 1976. Also note that the current rate of 26.7 rapes per 100,000 people means that there would be 26.7 rapes per 50,000 women, or 1 in about 1,900.”

ARKANSAS STUDENT ARRESTED for filing false rape report. I like that they published her name and picture. When you file a false rape report, you’re not a victim.

FALSE RAPE FALLOUT: Durham settles with wrongly accused Duke lacrosse players.

DEREK LOWE ON WHAT JON STEWART DOESN’T KNOW ABOUT ANTIBIOTICS:

There’s a persistent explanation for the state of antibiotic therapy that blames drug companies for supposedly walking away from the field. This has the cause and effect turned around. It’s true that some of them have given up working in the area (along with quite a few other areas), but they left because nothing was working. The companies that stayed the course have explored, in great detail and at great expense, the problem that nothing much is working. If there ever was a field of drug discovery where the low-hanging fruit has been picked clean, it is antibiotic research. You have to use binoculars to convince yourself that there’s any more fruit up there at all. I wish that weren’t so, very much. But it is. Bacteria are hard to kill.

So the talk later on in the interview of spending some tax dollars and getting a bunch of great new antibiotics in ten years is, unfortunately, a happy fantasy. For one thing, getting a single new drug onto the market in only ten years from the starting pistol is very close to impossible, in any therapeutic area. The drug industry would be in much better shape if that weren’t so, but here we are. In that section, Jon Stewart actually brings to life one of the reasons I have this blog: he doesn’t know where drugs come from, and that’s no disgrace, because hardly anyone else knows, either.

Lots of things are harder than people who don’t understand them think.

WAVE OF THE FUTURE: Title IX Suit Filed Against University of Oregon On Behalf of Male Students.

Former Eugene City Councilor Kevin Hornbuckle has filed a civil rights complaint on behalf of three University of Oregon students who were kicked off the basketball team in the wake of sexual misconduct allegations.

Hornbuckle said he submitted his Title IX complaint against the UO on Monday through the website of the Office of Civil Rights of the U.S. Department of Education.

“The basic problem is that rape accusations are effectively forever,” Hornbuckle said Tuesday. “And the University of Oregon as well as the media have gravely harmed these three players, probably for the rest of their lives.”

In failing to defend the three players, and by “publicly impugning their character and morals,” the UO administration “participated in generating a climate of hysteria,” Hornbuckle wrote in his complaint.

If this flies, a lot of schools will be at risk.

HIGHER EDUCATION BUBBLE UPDATE: Rape Culture is a ‘Panic Where Paranoia, Censorship, and False Accusations Flourish.’

I look forward to the “disparate impact” lawsuits brought on behalf of male students.

I’M NOT SURE PEOPLE SHOULD GO TO COLLEGE. I HEAR THEY’RE HOTBEDS OF RAPE AND RACISM. The campus sexual assault controversy is of liberal higher education’s own making.

CATHY YOUNG: Colleges can’t play cop in sexual assault investigations.

At Yale, as an official memo released last summer reveals, the definition of “non-consensual sex” in disciplinary proceedings is so broad that it includes reciprocating a sexual act without an explicit signal to go ahead — even if you stop immediately when asked to stop. Ironically, this creates a Catch-22, as universities find themselves criticized for insufficiently harsh punishments for nonconsensual sex.

Universities are under strong pressure from activists, backed by the federal government, to use a “preponderance of the evidence” standard in adjudicating sexual assault complaints. This is the lowest legal burden of proof, often defined as meaning that it’s more likely than not that the assault occurred. (Traditionally, disciplinary charges by students have been judged by the higher standard of “clear and convincing evidence.”) But what does that mean in practice, especially in he-said/she-said cases? Since anti-rape activists insist that wrongful accusations are extremely rare (and demand that college investigators and “judges” be trained in that dogma), the goal seems to be a presumption of guilt for any accused student, unless there is strong proof of innocence.

Obviously, this is not a question of sending people to prison. Nonetheless, it means that a student may be expelled from college, with a black mark that will follow him to other schools and places of employment, and in some ways acquire the equivalent of conviction for a very serious crime without any of the safeguards of a trial.

And, of course, with a dramatically disparate impact on male students, which is not by accident but by design.

JOKING ABOUT DATE RAPE: “She might get some flak here, since she’s joking about raping women.”

USA TODAY: College rape tribunals fail students.

A system run by university employees will always face the temptation to put the school’s interest above the interest of victims. . . .

As bad as schools are at providing justice for rape victims, they might be worse at protecting the rights of the accused.

Across the country, accused students don’t have the right to see all the evidence against them, and administrators can find a student guilty based on low levels of proof, rather than “clear and convincing evidence.” Protecting the accused is no small matter when 2% to 10% of rape accusations are found to be false and many more are riddled with uncertainty.

Until colleges and local government find a way to bring the full power of criminal courts to bear on sexual assault among students, campus courts will remain second-class justice for both rape victims and those who are accused.

It’s a kangaroo-court system that’s not adequate when the rape is real, and that’s way too heavy handed and unfair when it’s not.

AN IDEA SO CRAZY IT JUST MIGHT WORK: Rape on Campus Belongs in the Courts.

The idea of universities as being somehow outside of the normal justice system, with their own police and disciplinary procedures, is a survival of the era when they were ecclesiastical institutions. Its persistence into the present day serves no real social purpose.

Related: Rape And the College Brand.

That the activists’ moral outrage is justified does not mean, again, that their prescriptions are correct. Their fatal conceit in many cases is the idea that by sweeping away misogyny they can resolve the internal contradictions of social liberalism, and usher in a world where everyone can be libertines together, and a hard-drinking, sexually permissive culture can be experienced identically by male and female, rich and middle class and poor.

This is a utopian, ahistorical vision, and its pursuit is fraught with peril: like many revolutionaries, today’s campus activists might well end up toppling a corrupt order only to install a kind of police state in its stead.

The lefty stuff always leads to the same place. But you’re crazy to go to these schools if you’re a man. And women don’t want to go to schools that men avoid. So I predict either an eventual equilibrium, or a collapse.

HOLLYWOOD’S SEXUAL PREDATOR PROBLEM EXPLODES, Michelle Malkin writes:

“Everyone’s ducking for cover,” Paul Petersen, a former child actor and child actors’ advocate, told Entertainment Weekly in 1997. “It’s a complete and total breakdown of the protections Hollywood pretends it accords children.”

The same industry that sanctimoniously convenes anti-bullying summits with the Obama White House and falsely accuses conservatives of waging a “war on women” has allowed countless children to be stalked, groomed, beaten, molested and raped on casting couches, in movie trailers, and at drug- and alcohol-drenched parties by Tinseltown predators. The alleged child rape scandal exposed by Egan does not exist in a vacuum[.]

Yet another reason to repeal the Hollywood tax cuts.

THE 21ST CENTURY AMERICAN DREAM: From prep-school kid to millionaire porn star. “I’m part of the new era of porn. . . . We’re feminists, very sex-positive people. We’re not victims of rape, not drug addicts, we don’t have any daddy issues.”

Plus an escape from the degradation of . . . the mainstream magazine industry:

Then she landed an internship at the high-fashion magazine V. But that wasn’t for her, either.

“I’ve never been treated so badly,” says Akira, who has made films in which she has sex with seven men. “It was the most degrading thing I’ve ever done and I’ve done a lot.”

I can believe that.

THIS IS ONLY NEWS TO THOSE WHO HAVEN’T PAID ATTENTION — BUT THAT’S PRETTY MUCH EVERYONE IN MEDIA OR ACADEMIA OR GOVERNMENT: A new study reveals that men are often the victims of sexual assault, and women are often the perpetrators. And that doesn’t include prison:

The final outrage in Stemple and Meyer’s paper involves inmates, who aren’t counted in the general statistics at all. In the last few years, the BJS did two studies in adult prisons, jails, and juvenile facilities. The surveys were excellent because they afforded lots of privacy and asked questions using very specific, informal, and graphic language. (“Did another inmate use physical force to make you give or receive a blow job?”) Those surveys turned up the opposite of what we generally think is true. Women were more likely to be abused by fellow female inmates, and men by guards, and many of those guards were female. For example, of juveniles reporting staff sexual misconduct, 89 percent were boys reporting abuse by a female staff member. In total, inmates reported an astronomical 900,000 incidents of sexual abuse.

Yet we’re still stuck — as the Obama Administration’s new campus sexual-assault drive proves — in outdated stereotypes in which women are fragile flowers and men are vessels of barely-restrained lust. Because that suits the narrative.

K.C. JOHNSON: The White House Joins The War On Men. “Two new documents out from the White House–the Vice President’s task force recommendations and a question and answer document from the OCR–continue the assault on due process at the expense of males accused of rape or sexual assault on campus. The administration tips its hand quickly with a telltale verbal switch–referring to complainants as ‘survivors,’ rather than as accusers. This language, which assumes guilt and the fact of a sexual offense before any hearing, is the terminology of hardline feminists who have the ear of this administration and have made it clear that they want more guilty findings. Yet what many observers call rape is viewed by others as a growing prevalence of ambiguous and drunken encounters fueled by an anything-goes campus culture.”

How many men will want to attend colleges run along those lines? And how many women will want to attend colleges with lopsided gender ratios?

A UNIVERSITY OF VIRGINIA STUDENT TELLS HIS STORY OF being falsely accused of rape, and how the University added to the injury.

After the charges were dropped, the University ended my suspension, and I returned to school on November 17th. I rejoined my activities immediately and got back into the swing of things.

The administration expressed their surprise and thoughts about what happened to me. My return to the University was not anticipated, nor was it expected to happen so quickly. It was expected I would plead guilty to a lesser charge because of the weight of the allegations. I am one of few students who has successfully resumed my life at the University after being charged of serious felonies.

I am not honored for holding this position by any means.

I was told that it was unfortunate that this happened and that the system is imperfect, but that ultimately a semester isn’t really that much time in the grand scale of things. I lost thousands of dollars in legal fees alone, I lost my fall semester, and I had to bear the anguish of spending five nights and six days in a jail cell. In that one semester, I was unable to salvage any credits and lost opportunities to enhance my social life at the University. Upon my return, I was asked by my peers where I was, what had happened to me, and why were police escorting me out of Wilson Hall that day. I never had a good explanation for anyone.

The administration told me that there were lessons learned from my events. It was a sobering reality to them that people do get falsely accused and that we do not live in a perfect world.

How much are these administrators paid? Too much. And the University of Virginia already has a 55-45 female-to-male ratio. I doubt this will make more men want to come.

CAMILLE PAGLIA: Repeal The 21-year-old Drinking Age.

Learning how to drink responsibly is a basic lesson in growing up — as it is in wine-drinking France or in Germany, with its family-oriented beer gardens and festivals. Wine was built into my own Italian-American upbringing, where children were given sips of my grandfather’s home-made wine. This civilized practice descends from antiquity. Beer was a nourishing food in Egypt and Mesopotamia, and wine was identified with the life force in Greece and Rome: In vino veritas (in wine, truth). Wine as a sacred symbol of unity and regeneration remains in the Christian Communion service. Virginia Woolf wrote that wine with a fine meal lights a “subtle and subterranean glow, which is the rich yellow flame of rational intercourse.”

What this cruel 1984 law did is deprive young people of safe spaces where they could happily drink cheap beer, socialize, chat, and flirt in a free but controlled public environment. Hence in the 1980s we immediately got the scourge of crude binge drinking at campus fraternity keg parties, cut off from the adult world. Women in that boorish free-for-all were suddenly fighting off date rape. Club drugs — Ecstasy, methamphetamine, ketamine (a veterinary tranquilizer) — surged at raves for teenagers and on the gay male circuit scene.

Lowering the drinking age is the right thing to do. It would also be a very smart political move for Republicans.

HANNA ROSIN DEMONSTRATES what feminist “rape culture” looks like. What do you mean, “victim?” He got attention from “pretty girls!”

“RAPE CULTURE” IN THE OBAMA WHITE HOUSE: A painting of President Barack Obama by a shock artist with a rape fetish hung in the White House for at least two years. But the Churchill bust was sent packing.

MEN ON SIX-MONTH MURDER SPREE were wearing GPS ankle bracelets the whole time.

ANSWERING THE IMPORTANT QUESTIONS: What Happens If You Open A Plane Door at 30,000 Feet? The good news is that air pressure makes that basically impossible.

Also, “D.B. Cooper” is Don Draper.

CENSORSHIP MANIA: UNC Student Gets DJ Fired for Playing ‘Blurred Lines,’ Because Rape Culture.

ASHE SCHOW: Democrats Are Losing Ground In The War On Women.

It appears Democrat attempts to use Equal Pay Day as an opportunity to knock Republicans as waging a “war on women” totally fell flat.

For years, President Obama and Democrats have been trotting out the “77 cent” figure to claim that women earn less than men, even in the 21st century. And any conservatives who pointed out that the figure was highly misleading were called anti-women or liars.

But it turns out that much of the media didn’t buy into the Left’s claims. Because, as you might expect, the “77 cent” figure is, in fact, misleading. The Washington Post’s Fact Checker gave Obama two Pinocchios for the claim. For years, the Post had given Obama one Pinocchio for the statistic, but since Obama refuses to stop using the number, a second Pinocchio was awarded. The Post considered giving three Pinocchios.

The bigger problem for Obama and Democrats, as the Post’s Nia-Malika Henderson pointed out, is that the White House couldn’t escape reports that women were paid less in the West Wing.

Using the same average, across-the-board accounting used to arrive at the 77 cent figure, women in Obama’s White House make 88 cents to the dollar that men make. And while White House press secretary thinks that’s fine because it’s higher than the national average. But it’s less than the D.C. average.

CBS and CNN also pointed out the White House wage-gap hypocrisy.

The White House further shot itself in the foot by releasing an infographic about the wage gap that featured two cartoon women dressed straight out of “Mad Men.”

Jay Carney’s no Don Draper.

LIFE IN OBAMA’S AMERICA: ONE LAW FOR THE RICH, ANOTHER FOR THE REST. Beau Biden DEFENDS the judge who only gave a du Pont heir probation after admitting to sexually assaulting his three-year-old daughter. “Beau Biden has defended the judge who decided to let an heir to the du Pont family agree to a plea deal after being charged with sexually abusing his young daughter. Biden, the Vice President’s son who is in his second term as Delaware Attorney General, wrote a letter supporting Superior Court Judge Jan Jurden and her decision to allow Robert H. Richards IV to admit to fourth degree rape and register as a sex offender but not serve any time.”

21ST CENTURY RELATIONSHIPS: Trainee lawyer ‘falsely accused boyfriend of rape 11 times to avoid taking her Bar exams.’ “She claimed Mr Fensome forced her to have sex a number of times, and on one occasion she told a friend she had lost a baby because her boyfriend had punched her in the ribs, the court heard. . . . After withdrawing her allegations Brooker confirmed they were false, and admitted that injuries seen by witnesses, including her friends and doctors, were self-inflicted, the court heard.”

REALLY? BECAUSE I UNDERSTAND THAT FREE BIRTH CONTROL IS. Kirsten Powers: Yoga pants isn’t a civil right. I do love the argument that a middle-school ban on yoga pants is “rape culture.” Then again, isn’t everything rape culture now?

JUSTICE: Woman Who Fabricated Rape Story Gets Break. “A Suffield woman who reported a sexual assault last spring but eventually confessed that it was an elaborate fabrication was admitted to a special program Thursday in Enfield Superior Court to potentially drop the charges in the case.”

POLL: BRAZILIANS THINK WOMEN IN REVEALING CLOTHES DESERVE TO BE RAPED. “Keep in mind, 66.5 percent of the respondents were women.” That doesn’t surprise me at all. Women have always been the main enforcers of rules against female sexual display.

K.C. JOHNSON: “BuzzFeed is uncritically fascinated with ‘rape culture.’ Combine that with Occidental, a college where a male student can be branded a rapist even if his partner says ‘yes,’ and the result is an article by Jessica Testa. Her BuzzFeed article, which reads as if it comes from the Onion, provides an unintentional commentary into how far from reality many campus “activists” now are.”

Occidental College is also very expensive. Why would anyone pay big bucks to send a son there?

K.C. JOHNSON: ‘Rape Culture’ Fraud–Unmasking a Delusion. It’s less a “delusion” than a manipulative/propaganda technique.

NOWADAYS I THINK THIS PICTURE WOULD BE EVIDENCE OF “RAPE CULTURE:” Everlasting Embrace: Man From Iconic WWII Kiss Photo Dies.

FALSE RAPE CHARGES: ‘These girls are vicious and greedy’: Premier League star who was cleared of gang rape hits out at women who he claims target wealthy footballers. Well, when there’s a big payoff and no consequences — note the story doesn’t even mention the false-accuser’s name — some people will act badly.

TEACH WOMEN NOT TO LIE ABOUT RAPE: Daughter’s lie gets boyfriend shot by father who thought he was rapist.

Related: Birmingham man cleared of rape by Appeal Court after conviction quashed. Sure are a lot of stories along these lines out today.

WE NEED TO TEACH GIRLS NOT TO RAPE: Maryland girls tortured autistic boy, forced him to perform sex act with family pet. “The suspects recorded themselves assaulting their mentally challenged victim by pointing a knife to his throat, making him walk across a frozen pond and not helping when he fell in multiple times and kicking him in the groin, Cameron said. Perhaps the most appalling charge was a sexual act they allegedly coerced him into performing.” So now it’s not only women who make false charges of rape who are being caught up by cellphone evidence, but women who commit rape themselves.

FALSE ACCUSATIONS IN A MILITARY SEXUAL ASSAULT CASE:

Chief Serbia testified that he asked her, “Were you raped?” and she replied, “No.”

Text messages and journal entries suggest the affair was loving, passionate and consensual, the defense asserts. One of her diary entries read, “My biggest fear is that there is still something there in his marriage.” In another entry, the captain wrote, “I’m so in love with him and the idea of always being with him that I forget about large factors that would prevent that.”

Meanwhile, there’s reason to suspect that the military was more interested in producing a scalp as evidence that it was taking sexual assault seriously than in doing justice. Christina Hoff Sommers is comparing this to the Duke Lacrosse false-rape case.

RAPE CULTURE: Democrat-Controlled Senate Blocks Sexual Assault Bill. #headlineitlikepartieswerereversed

OBVIOUSLY, WOMEN SHOULD NOT BE ALLOWED TO DRINK AT ALL, SINCE THEY’RE NOT MATURE ENOUGH TO HANDLE IT: The New Sexual Double Standard: When Alcohol Is Involved, Men Are Rapists And Women Are Rape Victims. I guess they should be kept at home until marriage, so that they’re always under the supervision of a responsible male, since they’re not up to autonomous decisionmaking out in the wider world.

HMM: Sex in prison is commonplace, the male inmates just hide it more than girls.

Apparently, women lack moral agency:

In fact many females are often in prison because of men. . . . Many female prisoners have been coerced into committing crimes for their partners and when they end up behind bars they find themselves abandoned and they have to survive. And sexism doesn’t stop at the prison walls. Females are still at risk of abuse and rape and unfortunately because they are inmates there is often no legal remedy available for them to seek justice. The word of a prisoner is hardly ever believed. I have sat in on adjudications where to me it was clear that the prison officer is lying but the governor will always rule in their favour. So keeping on the right side of officers is paramount for survival. Many of these women have been abused or have mental health issues and they are vulnerable.

Male prisoners, of course, have none of these problems, and are never in jail because of women.

THE DEMOCRATIC PARTY AND “RAPE CULTURE:” Rand Paul: Democrats should be embarrassed to be seen with Bill Clinton.

WELL, CLINTON IS EMBLEMATIC OF THE DEMOCRATS’ EMBRACE OF “RAPE CULTURE:” McConnell: I’m happy to have Bill Clinton campaign against me.

OBAMA FATIGUE: Alison Lundergan Grimes doesn’t want Obama’s help on the campaign trail. But, in a nod to the prevalance of “rape culture,” she will accept help from Bill Clinton.

SO CAITLIN FLANAGAN HAS A PIECE ABOUT the “Dark Power of Fraternities.” But it’s really three pieces. One, which I found interesting as a law professor, is about how fraternities and insurance companies try to deal with liability. Another, which seems rather obvious, has to do with fraternities’ alumni support giving them leverage with the university.

The third, which is the least convincing, uses a single episode in which a town ne’er-do-well crashed a fraternity party and raped a student as the capstone proof that fraternities have a big rape problem. Maybe they do, but this doesn’t prove it. People are raped in dormitories and libraries, often by town ne’er-do-wells who shouldn’t be there, without people talking about how libraries have a big rape problem that reflects badly on their institutional character.

But this bit seems quite correct:

In 1984 Congress passed the National Minimum Drinking Age Act, with the ultimate result of raising the legal drinking age to 21 in all 50 states. This change moved college partying away from bars and college-sponsored events and toward private houses—an ideal situation for fraternities. When these advances were combined with the evergreen fraternity traditions of violent hazing and brawling among rival frats, the scene quickly became wildly dangerous.

She also has some good observations on the fetishization of college in general. But overall, the piece doesn’t deliver insight commensurate with its length.

21ST CENTURY RELATIONSHIPS: Are Two Actual People Still Required for a Relationship?

The next logical step, of course, is robot romance. Scientists have already created robots that can wash your hair, serve you tea, vacuum your house, mow your lawn, and even interact with you socially. With each successive generation these robots become more and more human in appearance and behavior. And they’re already pretty darn real. In fact, studies have shown that troubled children often respond more readily to therapeutic contact with a robot than a human caregiver. These well-programmed therapy robots are able improve almost any child’s mood, and they can nearly always get antisocial children to interact more willingly with other children and also with adults. Plus, these robots don’t get annoyed, impatient, or disappointed when children are challenging, unresponsive, or just plain difficult, so what’s not to love? And if children can have healthy emotional responses to non-organic beings, why can’t adults?

How much longer will it be before Rosie, the walking, talking, emoting robot maid from The Jetsons is real? And what will happen when Rosie’s manufacturer decides she’ll sell better if she looks like a supermodel and has realistic sex-toy genitalia? Will we suddenly prefer sexual activity with robots to real people? And if these ultra-sexy robots can be programmed to behave as if they adore their owner, as Samantha does in “Her,” it’s pretty easy to visualize humans bonding with these “beings” every bit as fully and intimately as they might with a real person.

Nobody tell notorious robophobe Matthew Yglesias.

FELONS AND VOTING: So Attorney General Eric Holder, perhaps reflecting that most felons tend to vote Democratic, thinks that felons should be allowed to vote. Former Attorney General Michael Mukasey thinks that felons shouldn’t vote.

Let me suggest that the real problem is that we have too many felons, because too many crimes have been designated as felonies. Traditionally, felonies were very serious crimes, for which the death penalty was common. The justification for loss of civil rights, like voting, was that though you were being allowed to live, your crime — rape, murder, etc. — was sufficiently serious that it separated you from civil society. That can’t be maintained where today’s rather promiscuous designation of felonies is concerned. Personally, I think there should be — and, in fact, are, though not presently recognized by the courts — limitations on what can be designated a felony under the Due Process Clause. I may write something on this someday, but in the meantime I would refer readers to the discussion of malum in se vs. malum prohibitum in my Ham Sandwich Nation piece as a starting point.

IT’S DECEPTION ALL THE WAY DOWN: A Deceptive California Bill On Campus Rape. You want to turn colleges into finishing schools for girls? This is the way.

FAKE RAPE CHARGES SHOULD BE REGARDED AS A HATE CRIME: Florida woman faked rape after skipping work: authorities. “Alexandra Westover’s harrowing tale of a rush hour assault on the side of a Florida turnpike was a hoax, Palm Beach County Sheriff says. The 21-year-old Boca Raton woman reportedly needed an excuse to explain why she didn’t show up at her job.”

NEW FRONTIERS IN SEXISM: The Misguided Campaign to Protect Women.

An unusual article appears in the Education Life section of Sunday’s New York Times. The headline is disturbing: “If She Can’t Stop Him, YOU CAN. Bystander intervention may be the best hope to reduce sexual assault on campus.”

The strong implication here, and in the article, is 1) that rape is out of control on our campuses, and 2) that women, confronted by so many would-be rapists, can’t do much about it, or shouldn’t have to. So, 3) bystanders appear to be the best hope of intervening to save women from rape.

The article lists a few possible rape-averting interventions: turning on the lights or the music off at parties, spilling a drink on the guy, or perhaps saying to the potential rapist, “This woman doesn’t want to talk to you, but there’s another woman downstairs who likes you.” (There would be no other woman downstairs). According to the article a female friend might say to the rape target, “Here’s the tampon you asked for,” thus decreasing the sexual ardor of the nearby rapist-to-be.

This a very bleak view of men and not a very positive one of women either.

Women are depicted as fragile flowers, so passive and unable to cope with campus parties that they need outside protectors playing weird tricks to ward off sexual assault. The article, like the feminist campaign behind it–from college skits to an advertising effort–has nothing to say about how women might take action themselves, such as not getting blind drunk in the company of solo males they don’t know well.

Even raising that point makes you some sort of sexist troglodyte, I think. But hey, when women on campus can’t even deal with a semi-nude statue, maybe they really are fragile flowers. Probably they should just get married after high school and stay home with kids, where it’s safe.

CLAUDIA ROSETT ON THE HYPOCRISY OF THE UNITED NATIONS CONDEMNING THE CATHOLIC CHURCH OVER SEX ABUSE:

That’s rich coming from the U.N., which has still not solved its own festering problems of peacekeeper sex abuse, including the rape of minors. Exposing abusers and holding them to account is a great idea. The Vatican has spent years addressing the scandal of its own past handling of such cases. But the U.N. hardly engages in the transparency it is now promoting.

The U.N. releases only generic statistics on violations committed by personnel working under its flag. The U.N. doesn’t share with the public such basic information as the names of the accused or the details of what they did to people the U.N. dispatched them to protect. Blue berets accused of sex crimes are simply sent back to their home countries, where in the majority of cases they drop off the radar.

Though the U.N. has been recording a drop in sex-abuse cases since it began releasing numbers in 2007, the number of alleged instances of rape and exploitation each year still runs into the dozens. (This may understate the realities, given the hurdles to victims coming forward, often in societies in tumult or at war.) From 2007-13, the U.N. reported more than 600 allegations of rape or sexual exploitation, with 354 substantiated—many of them involving minors. The numbers do not convey how ugly some of these cases get. Details can occasionally be gleaned when an incident seeps past the U.N. wall of omerta and makes it into the news, as with the peacekeeper gang rape in 2011 of a Haitian teenager, whose agony was caught on video.

If it weren’t for double standards, the U.N. would have no standards at all.

K-12 IMPLOSION UPDATE: Boy-Crazy Teacher Meredith Powell Raped Tacoma Teenagers, Police Say.

Remember, male teachers are rare because people think they’re likely to be sexual predators.

“GAME-CHANGER:” India Opens Up Tourist Visas. “On Wednesday, India announced it sought to extend its visa-on-arrival program to tourists from 180 countries, including the U.K., U.S. and China, in a bid to accelerate slow growth in tourism. . . . This slowdown, in part, was prompted by widespread concerns over women’s safety in India, which dominated national consciousness after the gang rape and murder of a 23-year-old student in December 2012. A series of high-profile attacks on foreigners, including the gang rape of an American last June and of a Danish tourist last month, further dented India’s image as a popular tourist destination, travel agents said.” Yeah, I think it’s going to take more than easier visas to offset that.

WHEN YOU EAT YOUR SUPER BOWL GUACAMOLE, YOU’RE SUPPORTING GENUINE HEROES: The Avocado Uprising: Mexican growers in the world’s avocado capital chase off violent extortionists. “In November, a band of Tancítaro residents wielding wooden clubs and old hunting rifles joined forces with well-armed vigilantes from nearby towns to run off most members of the Knights Templar, a criminal gang allegedly involved in extortion, kidnapping, rape and homicide throughout the state.” The people, united, will never be defeated.

EVERYTHING OLD IS NEW AGAIN: A shock to the system: Electroconvulsive Therapy shows mood disorder-specific therapeutic benefits.