Posts Tagged ‘Adam Kotsko’

Rape on campus, and due process of law

June 8, 2015

There’s a new documentary film out about how college administrators frequently ignore rape of students on campus.

I think there is an inherent problem with pursuing charges of rape through complaints about violations of Title IX of the Education Amendments rather than the criminal courts.

Title IX bans discrimination based on sex, on penalty of losing federal aid.  The argument is that failure to punish rapists is a form of sex discrimination.  The standard of proof violation of Title IX in an administrative proceeding is less than that required for conviction of a felony in the criminal courts.

I can understand why rape victims hesitate to complain to the police.  Rape is the only crime which, sadly, is regarded as shaming to the victim, and also is difficult to prove beyond a reasonable doubt.

The problem is that college administrations are not set up to administer criminal justice and they have a conflict of interest between doing justice and protecting the good name of the college.

A trained prosecutor is the best qualified person to deal with an actual crime, and college students should be subject to the same laws as everybody else.  Keeping college rape cases out of the criminal courts is the equivalent of the “benefit of clergy” during the Middle Ages.

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