October 24, 2017
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Comments for: On college campuses, Title IX transforms response to rape — but not without critics

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  • Oldfishergeek

    People do stupid things when under the influence of alcohol or drugs.  “Sinners remorse” and avoidance of personal responsibility make this subject more murky.   While I have sympathy for both parties in these matters, I don’t believe that sanctions (dismissal, jail time, etc) should be imposed on any basis other than those required for criminal conviction.  
    Intentional or not, placing oneself in a compromising situation creates shared responsibility.  I do not walk in front of a moving car without expecting to get hit. 

    This is not blaming the victim; this is applying the rules of other situations to this situation.   There is such a thing as shared responsibility and I believe the term rape means that one party (the person raped) has no responsibility for the event. 

    • If one individual is drunk and the other is not it’s not a case of shared responsibility. It’s taking advantage of someone with diminished ability to make judgments and can be legally evaluated as rape. 

  • This article, and most universities, really perform all or nothing for sexual assault. They immediately dismiss the accused or do nothing . That doesn’t have to be the case. While this matter is being sorted legislatively, schools can be taking measures to protect the accuser without destroying the life of the accused during investigation. Rearranging classes to decrease the likelihood that the two will interact. Arranging campus security escorts for common spaces or even starting an advocate program. Students currently do work study giving safe rides, why not establish individuals who can travel with the students between classes? A third party who can serve as a witness or chaperon. Obviously it’s not ideal and no student should *have* to be accompanied at all times, but obviously this isn’t an ideal situation. It’s inconvenient enough to ensure schools work quickly, but gives them a safety net to conduct a complete investigation. 

    Also, schools should be incorporating sexual assault procedures into orientation. Talking about who and where to go for reporting. Discussing whether or not campus health services can gather a rape kit (where to go if they don’t) and where to go for counseling and advocacy. It wouldn’t hurt to also discuss the fact that having sex with a drunk individual is a recipe for a sexual assault case and it’s in ones best interest to explicit ask consent before proceeding with any hook up activity. 

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