Sexual assault and college. Two words that are almost inseparable these days.
One in five college women aged 18 to 24 will experience rape or sexual assault, the highest rate compared to women in all other age groups, and Congress is finally trying to step in.
The epidemic of sexual assault on college campuses has spurred the introduction of five bills to Congress. “The Safe Campus Act” is the most infamous. This act prevents school administration from moving forward with sexual assault cases unless the victim files an official police report.
This act was previously being lobbied by the North-American Interfraternity Conference and the National Panhellenic Conference. But as sororities across the nation voiced their dissent for the act this past week, both the NIC and NPC withdrew their support after $210,000 was spent lobbying for it. That’s enough money to pay for 33 semesters of tuition at the University of Florida.
But what is so wrong with the Safe Campus Act? I thought it would be a good thing to get the police involved.
First and foremost, this bill strips the victim of the right to choose how to handle the case, and it also prevents colleges from doing anything like removing the accused from the victim’s classes unless the victim files a police report, goes through a lengthy trial, and the accused is found guilty. Title IX prevents gender-based discrimination in education. Sexual assault or rape has been interpreted as a form of gender-based discrimination, so colleges currently possess the power to issue no contact derivatives that prevent the accused from contacting the victim, mandate interim suspensions and provide free counseling.
These measures seek to ensure that the victim’s right to education is not infringed upon. If a victim has to sit next to her rapist in “What is the Good Life,” the answer to that course question is definitely not her educational experience.
Sexual assault is already widely underreported, and this act would just worsen this issue.
This could create a dangerous environment because perpetrators could not be punished unless the victim goes through with a formal investigation and trial.
But why don’t rape victims want to file a police report?
There are many reasons. Many victims don’t want anyone to know about what happened to them, and colleges often provide the option of filing a confidential report. Although colleges can’t move forward in the disciplinary process with a confidential report, they can still provide resources like counseling for the victim.
Most victims know their attacker, and often their attacker is in their social circle. The victim worries that if she goes forward with an investigation she could lose friends or be alienated if mutual friends take the side of the accused. Many victims already feel shame and self-blame after an assault, and the prevalent culture of victim blaming could just work to exacerbate her negative feelings.
Victims also fear the police not believing their story, testifying in front of their attacker, and having a defense attorney humiliate them in court. While there are limitations on what a defense attorney can ask a victim, a defense attorney’s sole purpose is to discredit the victim. The victim’s sexual history, what she was wearing, what she was drinking are all called into question. The victim is on trial as much as the rapist is.
After a victim comes forward to the university with sexual assault, the only real option a victim has is how the case will be handled. The Safe Campus Act would take away the one option that victims know they have, which is how the victim chooses to report.
So how do colleges handle sexual assault cases?
Colleges use a much less stringent standard of determining guilt than the judicial system. The standard of guilt on college campuses is called a “preponderance of evidence,” which means that it has been determined that it is more likely than not a violation of the conduct code was committed. The standard of guilt on college campuses is much lower because the harshest punishment a college can issue is expulsion.
Lawyers play a very limited role in university rape cases. Lawyers can advise students and write their opening statements for them, but lawyers are not allowed to question the victim. The school has a special panel for that, which works to prevent the victim-blaming questions that are too common in court.
Are college campuses capable of dealing with sexual assault cases without the forensic capabilities and due process of the legal system?
The deceptive argument for the Safe Campus Act is that sexual assault is a serious crime that deserves the full prosecution of the legal system, not mere expulsion. Although rapists deserve more punishment than expulsion, the legal system will most likely not provide that. Because the majority of college-aged sexual assault victims will know their attacker, it makes it much more difficult for the legal system to find the perpetrator guilty. The legal system uses proof beyond reasonable doubt to convict, which means that a jury must agree unanimously that there was about a 99 percent chance that the crime occurred. As a result, the majority of sexual assault cases never go to trial because there is only a small chance of conviction. Real life isn’t like an episode of “Law and Order: SVU.” Only three percent of rapists will spend a day in jail.
But what about UF? How well does it handle sexual assault cases?
The University of Florida is one of the most progressive universities in the nation in handling sexual assault cases, according to Chris Loschiavo, the Title IX coordinator. UF provides extensive training for everyone involved in the handling of sexual assault cases, so students aren’t met with victim-blaming questions when they report a sexual assault.
But all schools aren’t that way. There are currently 106 universities under investigation for Title IX violations in their handling of sexual assault cases, a record high.
Something needs to be done, but the Safe Campus Act is definitely not that something.
UF is taking proactive steps toward the elimination of sexual assault by replacing the Alcohol Awareness module that incoming students are required to take with a module called “Think About It.” This is an interactive online training course that discusses sexual assault, consent, stalking, healthy relationships, partying smart and bystander education. This course opens up important dialogue about an issue that could prevent future instances of sexual assault.
Women are taught from a young age standards they must abide by in order to keep themselves safe and prevent rape. It’s about time that someone teaches men that it’s their moral obligation not to rape.
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