“So do students have any protections at all, or once they commit an assault on a person that is unconscious , then life is over and that student can get a job as a kitchen worker or janitor? So can sex assault offenders ever go back to college?”
Seriously? You acknowledge sh was unconscious.
I’m sure he can get a degree somehow. But even if he ends up as a janitor or kitchen worker, that’s not a fate worse than death. His life is in no way over even if he never earns another college credit.
You hope otherwise he ends up taxpayer funded welfare and that is just plain stupid.
“will any college accept a high profile case”
High profile, sometimes. Sex offender, no, I don’t have any reason to be optimistic about that.
I’ve had some clients in high-profile cases discussed here on CC and in the national news. Some are non-sexual, like some fraternity scandals. Others have been accused of sexual misconduct, but not charged or convicted criminally. It’s not going to be someone convicted of rape.
Wouldn’t someone with a conviction (even for a felony or sex offense) still be able to attend an open admission community college and transfer to a not-very-selective stats-only-admissions non-flagship state university after completing the sentence?
It depends on the terms of their sex offender status, which vary from state to state or even from case to case. If they aren’t allowed to be around minors, then that’s that. Most college campuses have minor students. So it isn’t always up to the college.
Felons who are not sex offenders are a different story. They can often get in, and sometimes even to selective schools. My kids who got into bad trouble selling drugs, etc., can do their time and go back to school if they can afford it.
@iaparent So sorry your son had to undergo that. There remains a lot to be improved upon in the Title IX reporting process. It’s too easy to be falsely accused and once that happens the damage to ones reputation is already done. I’ve seen it all too often on my campus.
From what I’ve read online, and from what Hanna has said, it doesn’t seem common that people make accusations they don’t believe are true. That doesn’t mean the accusations ARE true, nor does it mean that what the accuser accused the other person of doing is an offense. But it does mean that in general, accusers are not maliciously accusing people they believe to be innocent, and we have to proceed according to that knowledge.
Looking at various college sexual assault/harassment rules, I find that I don’t always understand exactly where the lines are. The codes would benefit from more examples. A college should make it abundantly clear what “incapacitated” means, for the purpose of consent, with many examples, especially examples of how the person wanting to initiate the conduct is expected to assess the potential incapacitation. Also, if a person accuses another person of having sex with them when they are incapacitated, the college should automatically assess the potential incapacitation of both people, and be ready to discipline both people.
More examples on consent in other contexts should also be offered.
No, we don’t know this at all. You might be able to survey people asking if they ever intentionally accused someone else of sexual assault when they knew the accusation was false, but that’s like surveying people to see if they committed a robbery and didn’t get caught. For the survey to have any validity, you would have to assume anyone malicious or crazy enough to intentionally make a false accusation of sexual assault will answer the survey honestly.
It is not uncommon for a deliberate, false accusation to be made. Beyond the college context, it happens in divorce situations.
I didn’t say there are no false accusations. I did say, and I continue to say, that in general, accusers are making accusations they believe to be true, rather than maliciously making false accusations.
I also believe that in ugly breakup situations, the accusers are usually making accusations they believe to be true, even if those beliefs sometimes come from anger rather than reality. Moreover, some accusations after ugly breakups are true accusations, just as some women who are victims of domestic violence deny, deny, deny until finally they realize they don’t have to put up with the beatings any more and they reveal the truth.
I have a young acquaintance who says a male friend “raped” her. Further information from her reveals that she was in an alcoholic blackout and doesn’t remember what happened. I don’t know whether the friend raped her or whether she consented, but I do know she is saying what she believes to be true.
Are you a mind reader? How can you possibly know this? Was a rape kit performed? Can you even be sure she believes she had sex with her “male friend”?
CF- You said it doesn’t seem common that people make accusations that they don’t believe are true, and I’m saying that it is more common than you might think. In some cases there are admissions that the whole thing was false and done in retaliation. I agree there is a grey area where the assaultee might sincerely believe there was non-consensual sex but might not really know. To me, that does not meet the standard of proof that there was unwanted sexual contact.
It doesn’t meet the standard of proof for me either! Not any standard of proof, even just preponderance of the evidence.
As to the young woman I know who says she was raped while she was in an alcoholic blackout, I probably shouldn’t have called her an acquaintance. This is someone I know, and I know she is sincere in her belief. That doesn’t make me share her belief, but she sincerely holds it. I don’t know why a rape kit would be performed in this case or what it would have revealed, since both people agree she had sex with him. She thinks she was too drunk to refuse, whereas I believe that most likely she consented.
Hopefully your young friend takes a long look at her drinking habits. Blackouts are not normal and some people are more susceptible. Something worse than having sex she might have said no to sober with someone she knew could have happened to her.