<p>“While the admonitions to be “careful” and to be “smart” are no doubt good ones, they tend to perpetuate the idea that rape is something the victim might have prevented by being more careful and smarter.”</p>
<p>Other than to quibble with your word choice and say “avoided” instead of “prevented”, the above is perfectly fine. Many rapes can be avoided by people being careful and smart; the incidence of rape can be reduced. Many crimes, not just some rapes, are crimes of opportunity; such crimes can be avoided by removing the opportunity to commit them in the first place.</p>
<p>Avoiding and correcting circumstances that lead opportunistic criminals to commit such crimes is an essential part of fighting those crimes.</p>
<p>“Surely rape is no harder to prove than most kinds of cheating, yet at UVA cheating is swiftly and soundly punished, with far less concern for the miscreant.”</p>
<p>Rape surely is, in most cases, much harder to prove than most kinds of cheating. There is a lot of him understanding she was into it, her saying she was not, with no witnesses. The question isn’t usually whether sex happened, but whether it was nonconsensual. Rape is a felony crime; it must be proven beyond a reasonable doubt. Cheating is simply an Honor Code violation, you could get kicked out of the university but can otherwise go on with your life normally. Cheating does not need to be proven beyond a reasonable doubt, and does not involve trying to determine the accused’s state of mind of the time; either the evidence shows it happened, or the evidence does not show that. What is the University required to do, by Federal law, with a rape accusation? It’s not a matter of self-governance, at all.</p>
<p>There just aren’t very many cases of a stranger with a knife jumping out of the bushes, or someone so inebriated that he or she is legally incapable of understanding what he or she is doing and consenting to (and yes, men get raped, too). Those cases are relatively rare. Everyone knows “no means no.” What does it mean if someone doesn’t actually use the word “no”? </p>
<p>In the real world, rape cases typically involve people who are not strangers, and who are at least somewhat ambiguous in communicating refusal. Most cases on a college campus involve young people who, frankly, do not have very much experience with sex or with alcohol (often present to some degree, removing inhibitions, and dulling perception and understanding and memory).</p>
<p>I did encourage D1 to apply to UVA, and I’m happy she has done so, and I would be happy for her to choose to attend there. I have warned her to avoid putting herself in danger situations, and to watch out for and take care of her friends, not out of concern for who would be blamed but to avoid it ever happening in the first place. In the aftermath of and response to the RS fiasco, I think UVA will now probably be one of the safest campuses she could be on; in fact, I think it was probably one of the safest campuses she could have been on even before the RS matter.</p>