November 22, 2014

MEGAN MCARDLE: Campus Rapes And Kangaroo Courts.

I’ve heard some version of this argument over and over in discussing campus rape prosecutions: “not a big deal, because this is not the government depriving you of your liberty, it’s just a help for victims to get away from their rapists, and nothing really bad happens to the boys.

In the first place, the government is pushing for these relaxed standards of evidence and due process, via Title IX, which means that this is the government doing something to you. Not putting you in prison, to be sure. But — and I hardly believe I have to say this — getting expelled on a sexual assault charge is, in fact, something very bad happening to you. I don’t know why people keep saying that this is “all” that happens, as if it were the educational equivalent of having to change hotels mid-vacation.

Read BuzzFeed’s account of what happened to men who went through these college disciplinary processes to see just how big this can be. One man lost his job after an anonymous caller notified them of his “convictions” — which were for “non-consensual kissing.” It can go on your permanent record, making it hard to get into grad school — you might possibly recover from a youthful bad grades, or plagiarism, but our society doesn’t offer much rehabilitation for sex offenders. You’ll probably lose credits, and for those attending selective schools, it seems likely to me that a man with such a notation on his record would have a hard time enrolling in another elite school.

When people say this is “no big deal,” how many of them would shrug off having this happen to them, on the basis of a hearing where the odds are stacked in favor of believing the accuser, and double standards are often rigorously applied? Which is to say: when two people who are equally drunk have sex, the girl can be presumed to be unable to consent—while the boy is held to be fully capable of determining her level of intoxication, and of making the informed decision not to have sex with someone too much the worse for wine. And this in the name of promoting equality between the genders.

It’s like there’s some entirely different agenda actually at work here.

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