Tuesday, May 26, 2015

State charges alleged serial false rape accuser, but she disappears

An assistant attorney general for Montana says that 24-year-old Christina Nadine Nelson, formerly Christina Mark, made a string of alleged false accusations against three men between 2009 and 2012. A total of five medical rape exams were conducted on her, and she made two reports of assault. "Christina had a motive or pattern of accusing young men that she had dated of raping her and assaulting her when no such rape or assault had occurred," prosecutors have stated in court documents. At least one of the young men has been scarred for life.

Now, finally, she's being charged with felonies in connection with two of the allegations she made. Except there's a problem: authorities can't find her. Nelson did not appear for her initial appearance on May 21. She wasn't required to appear in person but by telephone. An assistant attorney general said Friday that Nelson’s whereabouts aren’t known, even by her own attorney. Nelson was supposed to appear last week in Yellowstone County as well but didn’t show. An assistant attorney general fears she might be in Europe.

How was this woman permitted to leave the country?

The incidents we know about are disturbing. Read on.

2009 PROM

In 2009, when Nelson was a German high school foreign exchange student studying in the United States, she said she was raped and cut with a knife by her date on the way to their prom. But detectives found inconsistencies with her statements. An investigation found she suffered no cuts on the night of her prom. When detectives asked if there was blood on her prom dress from the cuts, Nelson told them there was blood but she had washed it off.

Despite the inconsistencies, the boy Nelson accused was charged by police and expelled from school and was not allowed to return to campus. "He moved out of state because he felt that his reputation was destroyed by Christina's allegations," according to court documents filed by the prosecution. A month after the prom, Nelson stated she wanted to drop the charges against her date, and the charges were dropped, too late to spare the young man from the scars of an apparent false rape claim.

AUGUST 2012

On August 10, 2012, Nelson told police that she was leaving her job at Planned Parenthood at about 5:30 p.m. when a former boyfriend approached her in the parking area. She said she told him she was married now and to go away. She alleged that he became violent. He supposedly slapped her in the face and punched her in the stomach nine times--presumably she was carefully counting. Then he took her to a vehicle where he raped her. After the supposed rape, Nelson joined friends at a downtown brewery for a drink and she got home about 7 p.m. She then went to a gym with her husband to work out. After showering, they sat in a sauna and hot tub. They returned home and had unprotected sex. Then she told her husband about the alleged rape at about 10 p.m., and he took her to a clinic.

A detective spoke to the former boyfriend, who met Nelson at Rocky Mountain College and dated her from November 2009 to about June 2011. The man proved he was in Seattle from Aug. 9 through Aug. 18. He had receipts and photos to back up his account. Surveillance video from Nelson’s workplace showed her and a co-worker getting into their vehicles and driving away and no sign of the former boyfriend or his vehicle. (Thankfully, rape victims no longer require corroborative evidence, but in too many cases, now men and boys accused of rape need corroborative evidence to be cleared.) A detective reported having trouble re-contacting Nelson until she sent an e-mail on Aug. 29 saying she didn’t want to press charges.

TWO OTHER 2012 REPORTS

In two April 2012 reports, Nelson had reported to law enforcement that she had been assaulted at her residence in Billings, although the SANE reports indicated that Nelson reported the rapes had occurred in dorm rooms at Rocky Mountain College. Law enforcement further learned that in April 2012, Nelson reported that the same former boyfriend she accused in August 2012 supposedly raped her.
________________

This site has chronicled the news reports of many serial false rape accusers--see here.

False rape accusers are rarely treated as serious criminals. The sexual grievance industry has made a concerted effort to have police and prosecution stop charging false rape accusers because they assume that prosecuting false rape accusers somehow puts off rape victims from reporting or takes away from the effort to prosecute rapists, as if it were a zero sum game. Some claim that prosecuting false rape accusers violates women's human rights.

Aside from the inexcusable injustice to the men and boys whose lives are damaged or destroyed by a false rape accusation, failing to treat false accusers as serious criminals does no favors for rape victims. Every rape lie diminishes the perceived integrity of every rape accuser. The public loathes both rape and rape lies, and when the public perceives that false accusers are permitted to lie with impunity, it undermines confidence in the way rape is handled. As a result, juries are all the more reluctant to find even guilt in rape cases even when it may be deserved.

Society has made innumerable efforts in the past few years to get women to report their rapes, often at the expense of the due process rights of the men and boys accused. False accusers take advantage of these efforts. A few years ago, a woman arrested for falsely crying "rape" had the audacity to borrow a meme of the sexual grievance industry and proclaim, "That's why women don't report rape."

Sources:
http://www.dailyinterlake.com/members/prom-rape-allegations-now-said-to-be-falsified/article_ad5aa632-035d-11e5-a325-6bda92038683.html

https://www.courtlistener.com/opinion/2675897/state-v-christina-nelson-a-k-a-mar/

http://www.flatheadnewsgroup.com/hungryhorsenews/woman-charged-with-making-false-rape-claim/article_3d3b56fe-5422-11e2-a550-001a4bcf887a.html

http://www.dailymail.co.uk/news/article-2655830/Married-mother-accused-making-repeated-fake-rape-claims-including-one-drove-prom-date-state-expelled.html

http://missoulian.com/news/state-and-regional/false-rape-report-supreme-court-says-tampering-charge-can-be/article_86f606c0-edb1-11e3-8921-0019bb2963f4.html

Thursday, May 21, 2015

Mattress girl Emma Sulkowicz makes yet another questionable accusation -- this time, against the university president

Columbia University graduate Emma Sulkowicz, the mattress-toting face of the sexual grievance industry and the purveyor of a highly questionable rape claim lodged against a male classmate subsequently cleared of wrongdoing by both the university and the district attorney, has made yet another questionable accusation against yet another presumptively innocent male at Columbia. This time, it's the president of the University, Lee Bollinger. Read on--there might be an important lesson here.

Here's what happened. Sulkowicz graduated from the University on Tuesday, and the University discouraged her from bringing her ugly old mattress to the graduation ceremony. An email was circulated Monday from the Columbia administration asking students not to bring "large objects which could interfere with the proceedings or create discomfort to others in close, crowded spaces shared by thousands of people" to the ceremony. But Sulkowicz being Sulkowicz brought the mattress anyway, and the University allowed it even though the man she accused was also in attendance to receive a diploma. (His family was devastated, but no one seems concerned about them.)  Sulkowicz was told by university officials moments before she crossed the stage that she was not allowed to carry the mattress as she received her diploma, but, of course, she ignored the instruction, and she and a gaggle of enablers toted the awful thing onstage.

It's what happened next that is disputed. Video shows President Bollinger standing on stage a few feet away from a dean. Each of the passing graduates shook the hands of the dean and then President Bollinger.

Sulkowicz's name was called out and her classmates let loose a high pitched cheer and gave her a standing ovation. Sulkowicz and her minions proceeded to walk across the stage with the big old mattress. They trotted right past the dean without bothering to stop or to shake his hand. As the mattress brigade approached President Bollinger, Bollinger looked away, either being distracted or more likely pretending to be distracted. Sulkowicz moved her head for an instant, perhaps in an effort to make defiant eye contact with the man who was recently sued because of her mattress stunt, and then she and her minions trotted right past him, too, mattress and all--without attempting to shake his hand.

The BBC's on-line report of the incident had this headline: Rape protest student 'snubbed' at graduation

The New York Times recites Sulkowicz's account:
As Ms. Sulkowicz and her friends ascended the stage, Mr. Bollinger, who had been shaking the students’ hands, turned his back and leaned down as though to pick something up from his seat. Ms. Sulkowicz leaned over the mattress, trying to catch his eye, then straightened up and kept walking, shrugging with her free hand. ...
“I even tried to smile at him or look him in the eye, and he completely turned away,” she said later. “So that was surprising, because I thought he was supposed to shake all of our hands.”
Sulkowicz's account is curious because it suggests President Bollinger refused to shake her hand. Sulkowicz's claim doesn't withstand scrutiny. The video shows that Sulkowicz and her friends made no effort to shake the dean's hand just a moment before they approached President Bollinger. The dean was not in any way distracted, and there is no indication that he would have refused to shake their hands.

For his part, if President Bollinger was momentarily distracted, whether for real or for pretend, and if Sulkowicz was intent on shaking his hand, she could have done what every other graduate did -- extend her arm to shake his hand. She didn't do it. She kept walking with that big, stupid mattress in between her and the president. Nevertheless major news outlets have taken Sulkowicz's side and are reporting that Bollinger snubbed Sulkowicz.

The University said there was no intended snub and that Bollinger couldn't shake Sulkowicz's hand because the mattress was between them. The University also took issue with the New York Times' story in this statement:
The Times story about Columbia College Class Day reflects a highly selective and strained interpretation of actual events. President Bollinger participated in the Class Day ceremony, as he does every year, to honor all graduating students. As thousands of people saw in person and video of the event illustrates, the students who chose to carry a mattress in their hands marched right past Dean Valentini and President Bollinger rather than pausing for traditional handshakes with either the College Dean or University President. That is their right, but the idea that there was any intended “snub” is incorrect and does not ring true to anyone who knows President Bollinger and his graciousness.
On the one hand, Bollinger runs the risk that women's groups will accuse him of being a "rape denier" for snubbing the public face of campus rape. On the other hand, my guess is that he was happy Sulkowicz kept walking so that he didn't have to give her a photo-op that could be construed as a tacit endorsement of her puerile mattress stunt.

But President Bollinger did not refuse to shake her hand. Emma Sulkowicz wasn't looking for a handshake, she was looking for one last curtain call with her mattress, because it's all about her. The fact that President Bollinger didn't flash her a big, affirming smile was not just understandable but appropriate, given her open defiance of the university's request that she leave the mattress home.

There's an important lesson here. Sulkowicz put a questionable spin on a "he said-she said" interaction that lasted less than two seconds, and important news outlets ran with it because it fit their preferred narrative of "college woman oppressed by patriarchy." And this incident happened in broad daylight before hundreds of spectators and any number of video cameras. If President Bollinger could be wrongly convicted in the court of public opinion for this minor transgression under these not-very-murky and very public circumstances, think how easy it would have been to smear Paul Nungesser for a sexual interaction that happened in the privacy of  Sulkowicz's dorm room in August 2012.

Perhaps this is a teachable moment for Bollinger and his university. They have been given a very, very, very small taste of what Paul Nungesser has gone through for years. To quote the dreaded Catherine Comins, "it is not a pain that I would necessarily have spared [him]. I think it ideally initiates a process of self-exploration."

Wednesday, May 20, 2015

The people upset about the posters calling mattress woman a "liar" have no moral standing to object

The man college student Emma Sulkowicz accused of rape was cleared of any responsibility for it, and Sulkowicz just can't accept that. Her anger over it borders on pathology. To protest that the man wasn't expelled from the school, the school permitted her carry a mattress around campus for months and months (and she got college credits for doing it). Not only was the man Sulkowicz accused cleared of wrongdoing, but Sulkowicz's claims were seriously called into question by Cathy Young and by the suit filed by the presumptively innocent man she accused. Nevertheless, Sulkowicz has been feted as a feminist champion, the facts be damned.

This week, a few posters sprang up around campus calling Emma Sulkowicz a "pretty little liar," and Jezebel says they are "gross" and a form of harassment. (Jezebel has been one of Sulkowicz's cheerleaders.) Salon calls it "despicable."

The only surprise about these posters is that nothing like this happened a lot sooner.

Here's the bottom line: either the accused is a false rape victim, or the accuser is a rape victim. None of us knows whether Sulkowicz is a "pretty little liar," or if the accused did, in fact, rape her. Our legal process is the most advanced in the history of the world--it isn't perfect, for sure, but it's as good as there is. And once a murky "he said-she said" dispute like this one is vetted by the system, for better or for worse, and once an accused man has been cleared, people of good will need to accept the outcome and move on.

But that's not what happened here. Lamentably, the feminist community decided that Emma Sulkowicz was raped just because she said so, and just because she had the temerity to turn her case into an international spectacle. Worse, the feminist community ignores or disparages the processes that cleared the accused man, not to mention the extremely troubling evidence that has recently come to light that casts enormous doubt on Sulkowicz's claim. Instead, they've turned her into a feminist icon and branded the man she accused a "rapist."  And now, it's looking more and more and more like the man she accused was, indeed, wrongly accused.

And they're upset about these posters? Seriously? 

You know what's a lot worse than an anonymous poster calling someone a "liar" -- I mean in a different galaxy kind of worse? Fomenting a witch hunt that enables a United States Senator and scores of very prominent feminists to brand a presumptively innocent man a "rapist" over and over and over for months on end. That's what's much, much worse.

It's unjust to call the accused man a rapist, and it's patently absurd to treat Emma Sulkowicz as a poster child for rape victims. Rape victims ought to tell her to shut the hell up, it's not all about her. Regardless, the crowd that's upset about the "pretty little liar" posters has no moral standing to insist they are "despicable" or a form of harassment. They're the same goofs who cheered on Emma Sulkowicz when she toted that idiotic mattress around campus and smeared a presumptively innocent man.

Tuesday, May 19, 2015

Radical feminism has triumphed: Even quasi-mainstream news outlets "always believe the woman," even when the facts suggest such belief is misplaced

To normal people who aren't drunk on gender politics, carrying a mattress around campus and waging a one-woman crusade over a supposed rape that is surrounded by very, very serious questions is simply nutty, but not to Salon.

https://twitter.com/Salon/status/600690929108942848

Monday, May 18, 2015

Writer says that some who believe college rape cases should be handled by the criminal justice system are practicing 'a subtle misogny'

I am late discussing Alexandra Brodsky's jaw-dropping piece about campus rape that appeared a few months ago in The American Prospect. It starts off with a veneer of reasonableness but quickly reveals itself to be yet another tired piece advocating that we should just believe rape accusers and stop getting so hung up over fairness for the accused.

Brodsky takes issue with those who suggest campus kangaroo sex tribunals can't provide justice in "he said-she said" sex cases and that that the only venue where justice is properly meted out is the criminal justice system. She writes: ". . . for some but not all, this devotion to the criminal law response suggests a subtle misogyny that many focusing on this issue have internalized."

There they go again. No, dear reader, this is not The Onion--this is what passes for public discourse about campus sexual assault in 2015. If you dare mention "due process" or the criminal justice system in connection with college rape claims, your credentials for fairness to women are called into question. Can the discourse get any loonier, any more hateful, any less productive than this? Add Brodsky's quote to the list.

Brodsky's piece devolves to tired feminist cliches."No one cries foul when a student is expelled for cheating on an exam based on the preponderance of the evidence." And: "Why do we think an accusation of sexual assault is any more likely to be false than an accusation of a punch in the face?"

First, with respect to the "preponderance of the evidence" standard, it is well to note that the Department of Education has not mandated, under the threat that schools will lose their Federal funding, that cheating or punching someone in the face be adjudicated by the preponderance of the evidence standard. Only sex offenses (which almost always are lodged against male students) are subject to that mandate. Many schools still adjudicate cheating and claims of being punched in the face using the much higher "clear and convincing evidence" standard.

Second, Brodsky compares college kangaroo sex tribunals to civil courts where, generally, only money damages are sought and the preponderance of the evidence standard is employed. Here's a deal for you, Brodsky: we'll take the civil standard for campus sex offenses so long as it comes with the protections provided to the defendant in civil proceedings. In civil cases, the defendant is afforded all manner of evidentiary protections that colleges routinely deny young men accused of sex offenses. In civil cases, defendants are allowed to be fully represented by counsel at every stage of the proceeding. They are permitted to vigorously depose prior to trial, and vigorously cross-examine during trial, the accuser and any other pertinent witnesses. Aside from depositions, they are also permitted to engage in all manner of discovery, including proffering requests for admissions, requests for production of documents, and interrogatories. And if the plaintiff fails to respond to proper discovery requests, she is sanctioned by the court, up to and including dismissal of her case and requiring her to pay the other side's attorney's fees. Hearsay evidence is excluded, as is evidence whose probative value is outweighed by its prejudicial effect to a party. Trial and appellate judges are lawyers bound by centuries of common law precedent. And the defendant has a hand in picking the jury in order to insure fairness in the adjudication. The college kangaroo sex proceeding has no relation to the orderly administration of justice in civil court.

Third, show me any serious law enforcement official who thinks investigating a typical claim for a punch in the face is anywhere near as difficult as a typical, murky, "he said-she said," alcohol-fueled college sexual assault case involving student acquaintances who may or may not have been intimate. Show me even one. As one writer recently explained: "Rape cases are among the most difficult to prove, and no amount of ideology-fueled wishful thinking can clear memories fogged by alcohol or reconcile the different perceptions of people navigating all the complexities of the most intimate of human interactions." Does Brodsky really need me to chronicle the college sex cases that turned out to false or at the very least, very questionable, the past few years? She can start with Hofsta and work her way up to "Jackie" at UVA and the mattress girl at Columbia.

Brodsky expects her readers to believe that greater caution is exercised in charging and finding guilt in rape cases than in certain kinds of other cases because of "the differing confidence placed in different kinds of victims." Here's where she loses all credibility with anyone looking at the issue objectively. Rape cases are difficult to prove because they are difficult to prove. Period. The gender of the alleged victim has nothing to do with it.

The fact is, rape is regarded as an abomination in our culture, and even its accusation is enough to trigger demands for retribution, sometimes even vigilante "justice."  But justice cannot be meted out in response to a public outcry. Nor can it be administered by pretending that rape cases are open-and-shut cases that begin and end with the word of the accuser. That sort of thinking was prevalent in the shade of the hanging trees of the Old South.

If we are to have a serious discussion about how to fairly handle college rape cases, we need to ditch the simple-minded mantras and stop insisting that anyone who acknowledges the difficulties in investigating rape cases must hate women. Brodsky is yet another one who has exiled herself from the adult table on this issue.

Friday, May 15, 2015

The most prestigious legal body in America is considering changing the Model Penal Code to criminalize holding your girlfriend's hand on a date

The American Law Institute is the most important and most prestigious organization of legal scholars and prominent attorneys in the United States. The ALI drafts model laws that become statutes and Restatements of the Law that are widely cited as authority in judicial opinions.

Next week, the ALI is considering a proposed revision to the sexual assault provisions of the Model Penal Code that represents both a grotesque expansion of criminal law and an attempt to transform gender relations by punishing male conduct that has long been socially acceptable.

A group of very prominent legal scholars who have no political agenda are fighting back. They've written a stinging memorandum exposing the injustices in the proposed revision, That memorandum is set forth at the end of my post. I don't have the intellectual firepower to add anything to it, but a few items that jumped out:

The proposed revision to the Model Penal Code would turn a young man on a date into a criminal if he timidly reaches out to hold his date's hand without her prior positive agreement. (Because the proposed revision is written in gender neutral terms, theoretically, the young woman would be guilty if she initiated the contact, but in a society where gender roles are largely defined by pursuer and "hard to get," and where male complaints of sexual assault are hardly ever reported and even less likely to be believed, this proposed law is intended to punish, and change, traditional male behavior.)

The revised law would also require "prior positive agreement" -- akin to the murky and unjust "affirmative consent" that's all the rage on college campuses. Passivity would not be a defense. By putting the burden on the male to prove that the female consented, the proposed law would compel the accused to waive his right not to testify.

The drafters of the proposed revision acknowledge that the proposed revision does not comport with current social norms. The idea seems to be that by punishing males for behavior that is now socially acceptable, eventually, males will conform to the new norms. Social engineering, at the expense of hapless young men.

I'll quote one paragraph from the memo:
As is well known, the criminal law has an unfortunate history of excessive punishment in the name of protecting women especially when issues of race are present. . . . Equal Rights Advocates, Inc., In Support of Petitioner (acknowledging the history of rape prosecutions as both racist and sexist and rejecting “the notion that destruction of men’s lives served to protect and honor women”). As with other areas of criminal law, expanding the statutes in the ways set forth in the draft would fall particularly hard on individuals of color who are represented disproportionally at each stage of the criminal justice system.
I've only scratched the surface -- read the memo below.

Thursday, May 14, 2015

Campus activist who claims she was raped despite serious questions is feted as a hero; campus activist who exposed injustice in the school's handling of sexual assault claims is treated as a pariah

This is a tale of two campus activists. One wants the world to believe she was raped despite serious questions about her claim; the other is concerned about systemic injustice to men accused of campus rape. Can you guess which one is regarded as a hero, and which a pariah?

EMMA SULKOWICZ

First, we have Columbia student Emma Sulkowicz, who claims a fellow student named Paul Nungesser sexually assaulted her. Sulkowicz is now a bona fide feminist icon because she carried her "rape" mattress around campus in a loony "performance art" demonstration of her self-proclaimed victimhood. Professor KC Johnson summed it up: "Even though [Paul Nungesser] was found not culpable in Columbia’s accuser-friendly adjudication process; and even though the NYPD declined to pursue Sulkowicz’s claims; and even though Nungesser’s advisor cast doubt on Sulkowicz’s portrayal of the Columbia disciplinary process; and even though flirtatious e-mails from Sulkowicz to Nungesser seemed irreconcilable with Sulkowicz’s claim that Nungesser violently attacked her—media portrayals offered up Sulkowicz as a 'survivor.'”

Worse, the school has actively supported Sulkowicz's one-woman witch hunt. The president has expressed sympathy for her, and the professor who supervised the mattress insanity called it "an amazingly significant and poignant and powerful symbol . . .." Even a United States Senator got swept up in the Emma-frenzy, branding the man she accused a "rapist" based on nothing more than the mattress toter's say-so.

Some people know better, but there is tremendous pressure on them not to say so. The former editorial page editor of the school's student newspaper, the Columbia Spectator, candidly admitted that the campus news media didn't cover Sulkowicz's story impartially, critically, or thoroughly. He said that if he had written that due process should be respected, he would have been excoriated and branded as someone harming survivors.

PROF. DAVID BARNETT

Next, we have Professor David Barnett at the University of Colorado. When Prof. Barnett took it upon himself to investigate the school's handling of a sexual assault claim against a former student of his and “became convinced that [the school] had intentionally and systematically manipulated the evidence in order to support a finding of guilt,” instead of applauding him for exposing injustice, the University decided to fire him, claiming he retaliated against the female student.

Prof. Barnett appealed. A faculty panel said he did not retaliate against the female student, and recommended that he not be terminated. Before the school's president acted on the recommendation, the school paid Prof. Barnett $290,000 to leave. The School said it just wanted him off campus for so long as the female student at issue remained a student, to "protect her learning environment," but Barnett is certain the school's president was intent on terminating him permanently.

Prof. Barnett still believes the university has a "flawed system" for investigating sexual misconduct claims and said he wishes the university would devote "comparable resources" to establishing an appeal process for those found responsible of sexual misconduct. "It grants the accused no right to see the evidence against him or her, no right to a hearing and no right to appeal," he said.

Prof. Barnett is merely voicing the same concerns expressed by numerous (almost entirely liberal) law professors the past few months. Their voices have been almost entirely ignored except on sites like this one.
_______________

And there you have it, a microcosm of the inexplicable campus "rape culture" insanity that has swept this nation the past few years. A self-proclaimed rape "survivor" is feted as a hero despite serious questions about her claim; a professor concerned about injustice to the accused is reviled as a pariah despite serious flaws in the system he's exposed. We are so far down the rabbit hole, not even the rabbits can survive at this depth. No one cares whether Emma Sulkowicz was actually raped, or whether Paul Nungesser is actually innocent or about protecting his "learning environment."  All that matters is the theater, the spectacle, of simple-minded gender morality plays, where the scripts are written long before the facts are known, and the heroes and villains are selected based on whether the players have a vagina or a penis.

If, indeed, the world has gone mad, one thing is certain: it started on the campuses of American colleges and universities.

Wednesday, May 13, 2015

Supporters make matters worse for Saida Grundy

Saida Grundy, the incoming Boston University assistant professor of sociology and African-American studies who expressed disdain for white college men, has backed away from her comments, saying she regrets them.

Boston University President Robert Brown defended her right to make the comments but made clear he isn't pleased she made them. "[W]ords have power," Brown said, "and the words in her Twitter feed were powerful in the way they stereotyped and condemned other people."

But some foolish Grundy supporters don't have the sense to back off. They've started an on-line petition that says this: "Racism extends to virtually every institution in American society - including higher education. Calling Professor Grundy's tweets racist minimizes the very real effects of racism for people of color in the United States."

No, dear petitioners, it is Professor Grundy's tweets that minimize the real effects of racism for people of color in the United States. Her tweets served to affirm the wrongheaded notion that it is ever acceptable to reduce to vile caricature an entire group based on the misconduct of a small percentage of that group. Grundy's tweets endorsed the very thing she, and every other right-thinking person, opposes: stereotyping based on race and gender.

You can't have it both ways. If it's somehow fair, just, or proper to be prejudiced--and Grundy's remarks wrongly suggest it is--white bigots can find reason enough to be prejudiced against blacks, and especially black males. But prejudice is never fair, just, or proper to the vast majority of the group being prejudged, whether the group is black males or white males.

Give it a rest. Grundy was wrong, and you are just making matters worse.

Tuesday, May 12, 2015

Is this what they mean when they say women who cry rape can't get justice in the criminal justice system?

Story reported here.

An Adams County woman is facing a first-degree misdemeanor after allegedly filing a false report of rape.

An affidavit filed with the Hillsboro Municipal Court states that Alexandrea Sons, 20, Seaman, contacted the Hillsboro Police Department on April 29. At that time, she allegedly reported that “she had been raped four days prior,” according to the affidavit.

She also allegedly said that she had been at a friends’ residence when a male was “invited over to ‘hang out’ with her,” the affidavit states.

The affidavit adds that Sons allegedly told officers that she and the male “were lying on the couch, (and) he started making sexual advances toward her, and she was raped.”

During an investigation, officers spoke with the male. They also obtained text messages that “show(ed) normal and happy conversation between Sons and (the male),” according to the affidavit.

The affidavit further states that the officer “received information … that disputed the complainant’s allegations.” The officer also reports that Sons’ “account of events … changed at different times.”

The affidavit adds that “the sexual encounter was found to be consensual.”

On Friday, Sons allegedly came to the police department and “requested that the investigation be ended and she did not want to pursue any criminal charges as a result of police action,” the affidavit states.

The officer also reports that when he asked to speak with Sons privately, she refused. The affidavit adds that he “attempted to advise her of what (his) findings … (were) and that it appeared she had accused (the male) falsely.”

According to the officer, Sons then requested the life squad for medical issues and went to the hospital. The officer filed a warrant for her arrest.

On Monday, Sons appeared in the municipal court on first-degree misdemeanor falsification.

Sorry, Mr. State's Attorney, but the woman who had two innocent men arrested for a rape lie is not a victim 'crying out for help'

Two brothers, ages 24 and 19, were arrested and criminally charged in connection with a rape that supposedly occurred on May 5, 2015. The brothers were named by the local news media; the woman who accused them of rape was not named.

But now, the brothers have been released because the Wicomico County State’s Attorney said the woman who accused them had not been truthful (translation, she lied). The woman might be charged with a crime, but she still isn't being named.

The State’s Attorney made the usual comments about how "he hopes the actions of this one person do not discourage rape victims from coming forward." But he didn't stop there. He added that "detectives are actively trying to find out why the woman made these accusations in the first place."

Come again?  The crime has been solved, and, thankfully, two wrongly accused young men have been released. To divert scarce taxpayer resources to discover the root cause of this crime isn't just irresponsible, it's wholly unnecessary. The reasons women lie about rape are well-known--they lie primarily to explain a consensual sexual liaison they know will not be acceptable in their familial or social circles if it is revealed. The root cause of false rape claims is explained by the "regret asymmetry" that separates young men and young women, and everyone who follows the subject understands this.

But wait, the State's Attorney isn't finished. “This is also a person crying out for help,”  he said.

Actually, sir, do you know who was crying out for help? The wrongly accused brothers. Because of a rape lie, they were charged with very serious crimes that threatened to destroy their lives. There's not one word, not one concern expressed, about their ordeal. The State's Attorney's sole concern is that the criminal is "crying out for help."

But wait, he still isn't finished. Here comes the coup de grâce:

“There’s a reason why a person does this, so another interest to the state is trying to get that person some assistance as well.”

When the brothers were arrested for rape, did the State's Attorney suggest that the rape meant they were crying out for help? Such a comment, of course, would have been political suicide. When CNN dared to humanize the Steubenville teen rapists after they were found guilty merely by pointing out that their misdeeds had shattered their promising futures, CNN was widely attacked for showing even a hint of sympathy for the boys. Mind you, CNN did not suggest that the boys were treated unfairly, it merely pointed out the wreckage they had brought on themselves. Can you imagine the outrage if CNN had suggested the boys were crying out for help?

Yet it's somehow acceptable to treat a false rape accuser as a victim who is "crying out for help." This is a meme concocted by the sexual grievance industry to suggest that rape lies are aberrational and that they are prompted by deeply seated psychological disorders, not evil or traditionally criminal motives. See. e.g., here and here. Unfortunately, this blog is replete with reports of false rape claims prompted by the most callous of reasons: e.g., young women sometimes falsely accuse cab drivers of rape to avoid paying a fare--women who tell rape lies not because of psychological disorders but because they can. Unfortunately, some politicians buy into the meme to give them "cover" for daring to call a rape lie a rape lie.

The meme is grossly unjust to false rape victims who are put through hell waiting for the rape lie to be uncovered. But it also does no favors for rape victims because it's part of a mentality that undermines the public's confidence in the way rape claims are handled. Treating criminals as victims not fully accountable for their misconduct based solely on whether they have a penis foments resentment--a sort of backlash--among a general public that sees through politically correct bullshit. And when jurors are rightly concerned about whether men and boys accused of rape are treated fairly, this makes them all the more wary of convicting defendants for rape. If we want rape to be treated as the serious crime that it is, for starters, we need to stop treating rape accusers as if they were the victims.

Monday, May 11, 2015

Fire Saida Grundy--not for expressing a controversial opinion, but for her anti-intellectualism

Incoming Boston University assistant professor of sociology and African-American studies Saida Grundy should have the freedom to publicly express her opinions on controversial topics. That's not in dispute.

Boston University should not employ as a professor someone who engages in vile racial and gender stereotyping. That should not be in dispute, either.

Grundy, you see, has a problem with white college men as a class. “White masculinity isn’t a problem for America’s colleges, white masculinity is THE problem for America’s colleges,” Grundy tweeted in March. In another tweet she wrote: “Why is white America so reluctant to identify white college males as a problem population?” she asked.

The university responded to concerns about Grundy's fitness to teach white males with a yawn. “Professor Grundy is exercising her right to free speech and we respect her right to do so,” Boston University spokesman Colin Riley said.

Would Boston University hire the Imperial Wizard of the Ku Klux Klan to teach sociology?  Of course not, and for good reason. We won't even talk about politically correct double standards here.

More to the point, would Boston University hire someone who claims the sun revolves around the earth to teach astronomy? Someone who teaches geocentrism isn't engaging in "controversial speech," he is espousing a view that is not consonant with the intellectual rigors of the modern academy. In layman's terms, he's a wacko.

Singling out "white college males" as a class and dubbing them "THE" problem in American academia--based, presumably, on the misconduct of a very small percentage of white college males--manifests a similar absence of intellectual rigor. Grundy seems blissfully ignorant of the fact that a not insignificant percentage of the American populace--who also should not be hired to teach at a major university--think that black males, as a class, are "THE" problem in America. For all her writings on the black experience, Grundy somehow missed the lesson about vile stereotyping. Go figure.

As the late Daniel Patrick Moynihan said, "Everyone is entitled to his own opinion, but not to his own facts." Our Founding Fathers did not intend for the First Amendment to whitewash people's stupidity or that it protect inane speech from all consequence.

Universities routinely refuse to hire folks who espouse anti-intellectual ideas--except when such ideas are tinged with political correctness. You see, on modern American college campuses, any kooky, hateful, and even other-worldly idea about race or gender is just fine, so long as it is consistent with the preferred narrative.

Wednesday, May 6, 2015

Woman who consented to sex claims she was 'raped by rape culture'

If you want to see how inane the public discourse about college rape has become, look no further than the student newspaper of Claremont McKenna College, The Forum. A female college student recounts an incident where she found herself in a man's dorm room after a party. He asked, “is this ok?” -- meaning, was she okay with having sex. She admits that she said "yes" and that there wasn't any coercion or imminent threat of violence, and "not a lot" of inebriation.

But now she says she secretly didn't want to have sex, even though the young man would have no way of knowing that, so she declares in the student newspaper that she was  -- wait for it -- “raped by rape culture.”

You read that right: "raped by rape culture." It's a term coined by the young woman and her friends to describe the purported experience where a woman's agreement to have sex is "coerced by the culture that had raised us and the systems of power that worked on us . . . ."

If you think that makes no sense, just wait, she's not finished. "Consent is a privilege, and it was built for wealthy, heterosexual, cis, white, western, able-bodied masculinity," she posits.

Can it get any loopier?  Keep reading.

What forced this poor soul to say "yes" when she secretly meant "no"? Among other things, she explains that "there was obligation from already having gone back to someone’s room, not wanting to ruin a good friendship, loneliness, worry that no one else would ever be interested . . . an understanding that hookups are 'supposed' to be fun."

Get it? It is the fault of evil white straight males that she had sex because she's lonely, didn't want to ruin a friendship, has low self-esteem, or believed that hook-ups are supposed to be fun.

In days long gone, when rationality, literacy, and logic were still valued even a little, this sort of writing would be called exactly what it is--idiotic. But on our modern, vaunted American college campuses, it's "well-written and so important," "beautiful," and "so perfect," as several comments put it.

Actually, a couple of comments beneath the article did nail it. One guy wrote: "There's a fella out there for you: Mongo the Mind-Reader." Another reader explained: "Modern feminism has taught generations of young women (and young men) that . . . women should 'embrace' their sexuality and have casual sex with as many partners as they like, without any consequences. . . . . Who taught you to say yes? It wasn't some wealthy, heterosexual, cis, white, western, able-bodied boogeyman. It was the very movement you now align yourself with who 'coerced' you into believing that 'hookups are supposed to be fun.'"

And those responses are far more than this piece of idiocy deserves.

If feminists wonder why their movement isn't widely embraced in middle America and why so few people (including so few women) identify as "feminists," they need look no further than extreme silliness like this. Add it to the misandry hall of fame.

Friday, May 1, 2015

Baltimore, Baltimore, Baltimore


It is just awful -- and terribly unfair -- that Baltimore has been tarnished by the Freddie Gray incident. Tourists should have no fear about visiting the historic town, including the world famous Inner Harbor. After all, you probably won't get your spine severed unless you're a black male and you do something terribly stupid, like make eye contact with a police officer.

Seriously? I wouldn't mind if they closed up Baltimore permanently, and made it as vacant as Camden Yards when the Orioles played that game without fans the other day. How does someone get picked up by police for no reason and end up with his spine severed?

It's time for Baltimore, and every other city in America, to get the thugs off the police force--even if it means loosening the death grip of municipal unions, which make weeding out the bad police so terribly difficult.

What happened to Freddie Gray is an atrocity, and all persons of good will ought to be disgusted.

When will the liberal community finally stand up and denounce the rush-to-judgment hysterics on college campuses?

I have come to the conclusion that the angriest, least rational, and least tolerant people in America are college students. We have raised a generation of nitwits.

Wednesday, April 29, 2015

Police to charge girl for falsely accusing Hispanic man of rape

Here are three news stories about an alleged rape near Pittsburgh, Pennsylvania:

APRIL 8, 2015

Girl says she was assaulted, raped at Cross Creek park

A 17-year-old Avella girl told state police that she was asssaulted and raped Monday afternoon at Cross Creek County Park in Cross Creek Township by a man she met earlier the day on a social networking site.

The girl told Trooper Thomas Kress she met the man on the Tango social networking website and agreed to meet him at the park.

“He saw her posts about being from Avella,” Kress said. “He seemed familiar with the area because he mentioned about the park being there.”

The 17-year-old walked to the park and met him. They walked down a path when he reportedly hit her on the head, dragged her into a wooded area and raped her.

After the alleged assault, he ran. A woman with graying hair who appeared to be in her 50s wearing a sundress may have heard the assault.

“She came over to the girl’s aid as soon as he ran,” Kress said. “She may have seen part of the assault. The girl told me she thought she heard someone screaming.”

Kress said the woman tried to call police on her cellphone but could not because there was no reception. The good Samaritan offered to give the girl a ride home, but she declined, Kress said.

The teen described her attacker as a light-skinned, Hispanic man in his 20s. He was about 6 feet tall, weighed 200 pounds with blue eyes, brown, shoulder-length hair, mustache and short-cropped beard.

The teen told police her assailant spoke in English with slurred speech or spoke in Spanish. He had yellow teeth with gaps.

The 17-year-old also told police he had a tattoo of the letter “A” on his right hand between his index finger and thumb. The letter “L” was tattooed on the same area of his left hand. The girl told Kress the “A” was italicized while the “L” was cursive. He also had a tattoo of a skull without a lower jaw on his left shoulder blade. A cross was tattooed on the right part of his chest.

The girl’s attacker wore a black ball cap with a purple bill, black T-shirt with a silver marking on it, blue jeans, black belt and tan Nike shoes with white soles. He drove a 2008 or 2009 Ford Explorer with a lift kit and a loud muffler.

The girl, who also was bitten on the neck during the assault, was taken to Washington Hospital for treatment of injuries that also included abdominal pain.

Kress is asking anyone who may have seen the man or the vehicle, or knows the woman who assisted the teen, to call 724-223-5200.

_____________________________________________
APRIL 24, 2015

State police identify man accused of raping teen in Cross Creek Park
No charges filed; investigation is continuing

The man has been located and questioned, but no charges have been filed, police said in a report released Friday. His name was not released by state police, who said the investigation is ongoing.

The girl told police she met the man on the Tango social networking website and agreed to meet him at the park. They walked down a path when he reportedly hit her on the head, dragged her into a wooded area and raped her. After the alleged assault, he ran.

The teen described her attacker as a light-skinned, Hispanic man in his 20s. He was about 6 feet tall, weighed 200 pounds with blue eyes, brown, shoulder-length hair, mustache and short-cropped beard. The teen told police her assailant spoke in English with slurred speech or spoke in Spanish. The 17-year-old also told police he had a tattoo of the letter “A” on his right hand between his index finger and thumb. The letter “L” was tattooed on the same area of his left hand. He also had a tattoo of a skull without a lower jaw on his left shoulder blade. A cross was tattooed on the right part of his chest.

The girl, who also was bitten on the neck during the assault, was taken to Washington Hospital for treatment of injuries that also included abdominal pain.
_____________________________________________
APRIL 29, 2015

Avella teen who claimed she was raped to be charged

The 17-year-old Avella girl who claimed she was raped earlier this month at Cross Creek County Park will be charged by state police after she allegedly lied about the incident to investigators.

The girl will be charged in a juvenile allegation with unsworn falsification to authorities and false reports to law enforcement.
Trooper Thomas Kress talked last week with the man against whom the allegations were made. Kress said the man, who is not being identified, committed no crimes and will not be charged.

The girl told state police that she was raped at the park on April 8. She claimed that she met the man online earlier that day on a social media site and made arrangements to meet him.

The 17-year-old claimed that the two talked briefly before walking toward a wooded area. She told police that the man hit her in the head, dragged her into the woods and raped her. She gave police a detailed description of the man she claimed attacked her. The teen also told police that she was assisted by a woman with graying hair and wearing a sundress, telling Kress that the woman offered to give the girl a ride home.

After the alleged assault, she was taken to Washington Hospital for treatment of injuries including abdominal pain.

Crime Stoppers of Pennsylvania had also offered a reward for information on the alleged assault.

Kress would not comment on why the girl lied about the incident. He said he would file charges against the girl in juvenile court at a later date.

Wednesday, April 22, 2015

Straight white men: this person really showed you!

Do you think this person--whoever she is--is going to have difficulty coping with life after they let her out of whatever institution she's presumably in?

Tuesday, April 21, 2015

A student who sometimes awoke his long-term romantic partner with a kiss was found guilty of sexual assault

If you have the slightest doubt that colleges don't have the foggiest idea how to handle claims of sexual assault, look no further than Brandeis University.

A male student was accused of sexually assaulting a fellow student, with whom he had been in a nearly two-year romantic relationship. The couple eventually broke up, but remained friendly. Then, suddenly, in January 2014, the accuser alleged that the accused had initiated non-consensual interactions dating to 2011. Based on a vague allegation of sexual assault, the accused student was placed on “emergency suspension.”

Bradeis skipped its regular hearing proces--who needs fair processes?--and called in a big gun to investigate: Elizabeth Sanghavi, one of the authors of the Department of Education's dreadful “Dear Colleague” letter. Sanghavi interviewed both parties, but elected not to put anyone under oath or record the interviews. According to Prof. KC Johnson, "The accused student had no right to counsel, and no right to see his accuser’s testimony, much less to cross-examine the accuser."

Sanghavi concluded that the first time the two students had slept together, the accused committed sexual assault. The fact that this "assault" led to a 21-month relationship did not raise red flags for Sanghavi that perhaps the interaction really was consensual.

Sanghavi also found the accused guilty of nonconsensual sexual conduct because he sometimes awoke the accuser with a kiss, the same as countless couples in intimate relationships do every day around the globe. No matter, Sanghavi held. The accused waking the accuser with a kiss counted as “sexual assault because sleep is a ‘state of incapacitation’” and, hence, the accused student took “sexual advantage of incapacitation,” according to a lawsuit suit filed by the accuser.

Brandeis punished the "rapist" with a Disciplinary Warning, and no suspension. But the accused student claims in a lawsuit that Brandeis allowed the investigator’s findings to be made public, and as a result, he was let go from an internship with a “high-ranking elected official” and had job offers withdrawn.

Now the Department of Education's Office for Civil Rights (OCR) is investigating Brandeis for potentially violating the accused student's Title IX rights. That's a positive thing, but why would OCR go to bat for an accused male? It may have something to do with the fact that the accused student is gay, said the College Fix. I failed to mention that both the accuser and the accused here are male.

No matter. The investigation is a good thing, and perhaps it will lead to a positive precedent for all students. Because at some point, someone has to put a stop to this madness. Schools can't tackle accusations of sexual assault by checking their common sense at the front door, and that's what the sexual grievance industry insists they do (and that's one reason schools shouldn't be in the business of adjudicating sexual assault claims.)

Yes, it is beyond dispute that kissing a sleeping person can constitute offensive contact. But shouldn't it be viewed in context, and in light of all the surrounding circumstances?  Are we supposed to simply ignore the fact that this particular couple was involved in a long-term sexual relationship, where partners negotiate boundaries in myriad, often subtle ways, and where they typically develop a course of conduct that is qualitatively different, and far more complex, than the barnyard rutting of couples who've hooked up for a one-night stand? Newsflash: long-term couples generally are perfectly fine--I dare say they like--being awakened by a kiss. If this were sexual assault, it is fair to assert that a significant percentage of people in long-term relationships, probably most, are every bit as guilty. To suggest that such interactions are in the same galaxy as sexual assault is not just silly, it borders on pathology.

And that goes to the crux of the matter. The people who now dominate both public policy and the public discourse on sexual assault seem to lack the common sense, the personal experience--dare I say "maturity"?--to have such responsibility. It is time for them to take their rightful place at the kids' table and to yield the floor to adults who aren't driven by an angry, hysterical, political agenda.

Wednesday, April 15, 2015

A whirl around the world of false rape claims

They do happen, and all too frequently. Here are some in the news right now:

Police say woman lied about rape because her lover was "ignorant" to her

Police say that at about 2:15 a.m. on Sept. 10, Amanda M. Wertz, 26, reported that she was forcibly raped by a man inside a home. When interviewed, the man accused of the crime told investigators he met Wertz on an Internet dating site and that the two had consensual sex on two occasions. The man also showed police sexually suggestive text messages Wertz sent to him, police said. A police officer said he spoke with Wertz on Feb. 26 and, at that time, she said she was telling the truth about the forced rape and that she believed the man’s wife sent the sexually suggestive messages from her cellphone.

The police officer said he re-interviewed Wertz on March 15, at which time she said she spoke about the matter with her mother who told her to be truthful. Wertz then told him she had consensual sex with the man and that she made up the rape charge because she was mad at him, and at herself, for cheating on her boyfriend. Wertz provided a written statement that she made up the rape charge, saying she was mad because after the two had consensual sex the man was ignorant to her and called her names. The man who Wertz claimed committed the crime was never charged, Zimmerman said.


Woman makes up false rape claim after boyfriend finds out about her threesome

A woman accused a married couple of rape after her boyfriend found out she'd had a threesome with them. Hannah McWhirter, 21, engaged in the midnight ménage-a-trois with a friend and her husband. She even exchanged texts with the couple after their threesome telling them how much she enjoyed herself.

But she soon changed her tune when the husband told her boyfriend about their steamy hook-up and claimed she had been raped. McWhirter appeared at Aberdeen Sheriff Court where she admitted wasting police time with false rape claims.

Fiscal depute Elaine Ward: "The couple and the accused spent a lot of time together socially. The nature of their relationship became more intimate and in June 2013 they discussed having a threesome and booking a hotel for that purpose." The court heard that on July 13 the three met up and engaged in a night of passion in a Travelodge in Aberdeen - while McWhirter's boyfriend was on a night out, oblivious to what was going on.

Ward said: "On the following day the accused and [her friend] exchanged several text messages saying that they had both enjoyed the previous night." The fiscal depute said McWhirter and the couple continued to meet socially and appeared "happy" in each other's company. However, the court heard, things took a turn for the worse several months later. Mrs Ward said: "On October 11, the accused's boyfriend was standing outside her place of work when [the husband] advised him of the threesome and showed him text messages from the accused. This later resulted in the accused being confronted by her boyfriend. She initially denied that the incident had taken place, then admitted it but said it was forced."

The court heard their relationship ended and McWhirter, of Banff, returned to live with her mother - continuing to claim that the couple had raped her. Police then started investigating her claims. McWhirter claimed she had been on a night out with friends before bumping into the couple. Mrs Ward said: "She stated that at the end of the night she had to use the bathroom so went to their hotel room and then gave police details of a forcible rape." The couple were interviewed under caution by police on October 16.

However McWhirter's friends did not back up her night out story. And after a further mobile phone analysis took place in November 2013, McWhirter admitted she had been a willing participant in the threesome. Yesterday she admitted wasting police time and rendering the couple to suspicion under the sexual offences act between October 13 and November 14, 2013. Sheriff Graham Buchanan deferred sentence until next month for the preparation of reports. McWhirter, who was released on bail, wept as she left the dock.


Woman lies about rape in order to get a ride home

A young woman falsely claimed she was raped in order to get a lift home with police, a court heard. Judge Melody McReynolds told Dungannon Crown Court that Emma Louise Gallagher of Ardnalee Park in Strabane had made a "gratuitous and lightly-made allegation to secure a free police lift home". The 23-year-old made a false report to police on September 16, 2013 that she had been raped shortly after arriving at a house in Castlederg, an area she was not familiar with.

A man, whose identity can't be revealed for legal reasons, was questioned for four hours by police the following day. The Strabane woman told police originally that she had fallen in an alleyway and a man had pulled her trousers down and she thought he had raped her on two occasions. She then said the more she thought about it, she did not think anything had happened and the complaint was withdrawn. Gallagher yesterday pleaded guilty to the charge of perverting the course of justice and was given a nine-month jail sentence suspended for two years. Gallagher's lawyer said she had learned a salutary lesson from an incident borne out of a drunken desire to get a lift home from the place she had found herself.


A girl used TV show plots to make a horrific false rape claim against a male teacher

A teacher who was fired over allegations of rape and torture is suing the independent investigator hired by the school district, whose report resulted in his dismissal and "embarrassment and humiliation." The investigator had been hired by the school district to look into claims made by a female student that the teacher had abused her in horrific, sadistic sexual ways when the student was in grades 5 to 8. The student claimed the teacher stuck knives and branches in her vagina, waterboarded and electrocuted her, and nearly suffocated her through burial.

The teacher sued the school board and an arbitrator ruled in his favor, noting there was "overwhelming" evidence the claim was made up. The arbitrator explained that despite the "horrific" allegations, the student was "never once attended an emergency clinic, hospital or walk-in clinic to treat her injuries. Nor did her attentive parents notice a thing — not the torn clothing, the burns; neither the bleeding to the extent that blood dripped into the swimming pool, nor her midnight foray. Not the filth from being buried or being soaked wet from waterboarding. Nothing. How likely is it that she could suffer the indignities she says she did and then go home for dinner and homework?"

It turned out, all the scenarios the student described came from episodes of the long-running TV drama "Law & Order: Special Victims Unit." The arbitrator concluded "the evidence overwhelmingly demonstrates that the teacher is the victim of false allegations. The grievance must be upheld and the teacher made whole as soon as possible."


And finally: Professor Alan Dershowitz was accused of rape in court papers filed in a case brought against someone other than Dershowitz.  That allegation has been stricken from the record of the case--but Dershowitz is not happy that news of the court's action striking the accusation is not nearly so well known as news of the initial rape accusation. "I understand—really understand—why it is so important to protect the innocent as well as to punish the guilty. Now I feel the need to redouble my efforts on behalf of the falsely accused, as I have been one of them."

Tuesday, April 14, 2015

Campus "sexual assault" tidbits

*Cathy Young nails it again on campus "sexual assault." Read it here.

*Stanford may be rolling back the tide that threatens male students' civil liberties: see here.

*Student sues San Diego State University over due process violations: see here.

*In Virginia, a bill is kicking around the state legislature that would require public and private universities to mark a student’s transcript if the student was suspended, dismissed or withdrew while under investigation. It is designed to ensure colleges were alerted when an applicant left a college under a cloud of suspicion. Now some amendments are kicking around: (1) to narrow the notation to (you guessed it) sexual offenses (which would be a bad change), and (2) allowing colleges to expunge notations of a student’s dismissal or withdrawal after a two-year window (which would be a good change). The legislators are grappling with balancing concerns about safety and due process and have correctly grown grew "increasingly concerned about pinning a scarlet letter to a student without offering an appeals process." Moreover,"[i]nternal hearings held by colleges can be flawed, Albo said, noting some don’t allow the accused to ask questions and the judicial panel may consist of fellow students." See here.

*Kathleen Parker suggests that the same zeitgeist that led to the Duke false rape case can be seen in the Rolling Stone rape lie: "Erdely was willing to believe the worst about the frat boys because this is part of today’s zeitgeist, especially in the context of rape statistics, which some social scientists have found to be grossly inflated. It seems the writer found a story she was predisposed to believe because it dovetailed with her purposes and, perhaps, with assumptions we’ve seen before, as on the similarly false story of rape by members of the Duke University lacrosse team in 2006." See here.

*A writer named Gail Rosenblum buys into discredited stats about the prevalence of campus sexual assault and false rape claims and paints a dire sexual picture for women on campus. See here.

Monday, April 13, 2015

Feminists, be careful what you wish for--if journalists thoroughly investigated the typical college sexual assault claim, it would be the end of 'rape culture'

Salon's Katie McDonough says that the Rolling Stone "rape" debacle exposes the flaw in the way society thinks about rape. You see, Rolling Stone zeroed in on a "victim" and a "rape" that "fit neatly into our preconceived notions about victims and sexual assault," and that's the problem, McDonough concludes. She suggests that outlets like Rolling Stone ought to stop inventing victims and go after the stories more reflective of "rape culture"--where the victims are not perfect and where alcohol is involved. After all, McDonough says, false reports are rare, so she suggests that journalists ought to show the world what campus rape really looks like. It's a refrain other feminists are repeating, in various ways, in the wake of the Rolling Stone non-rape.

We wholeheartedly agree that journalists ought to thoroughly investigate typical sexual assault accusations. But McDonough and her ilk ought to be careful what they wish for. If journalists did what McDonough wants them to do, not only would the "rape culture" balloon burst, the reports would engender outrage that our sons are being subjected to a politicized witch hunt.

In the milieu of campus sex--where raging hormones and alcohol can be a deadly concoction--the typical sexual assault accusation is a "he said-she said" murky mess. College administrators routinely bemoan the difficulty in charging and adjudicating sex claims that are not marked by bright lines and where the truth is elusive. If the story of a typical college sex accusation were told objectively and thoroughly, the public would see that usually there are two sides to the story, that there are no black and whites--and that too often, college men are being charged when they shouldn't be charged. If that last point sounds radical, read on -- it's not my opinion, it's the opinion of a feminist named Brett Sokolow who has done more to craft the sexual assault policies of colleges than anyone.

Last year, Mr. Sokolow, the head of the National Center for Higher Education Risk Management (NCHERM), wrote a landmark letter to his clients called "An Open Letter to Higher Education About Sexual Violence" in which he painted a chilling picture about the hostility on American college campuses to the rights of men accused of sexual violence. The letter goes into detail about cases NCHERM has investigated, illustrating that, in the "hook up" culture, the evidence is often too murky to warrant charging and punishing the male accused of sexual misconduct, but that's exactly what too many schools are doing. Among many other things, the letter states that "in a lot of these cases, the campus is holding the male accountable in spite of the evidence – or the lack thereof – because they think they are supposed to, and that doing so is what OCR wants." In chilling words that almost seemed a premonition of "Jackie's" rape claim, Sokolow wrote:
We fear for the mental health issues impacting many students, but in particular for those whose reality contact issues manifest in sexual situations they can’t handle and campuses can’t remedy. We hate even more that another victim-blaming trope – victim mental health – continues to have legs, but how do you not question the reality contact where case-after-case involves sincere victims who believe something has happened to them that evidence shows absolutely did not? How do campus and community mental health resources help someone who is suffering from real trauma resulting from an unreal episode?
Read that again: in "case-after-case," the evidence "absolutely" shows that nothing happened despite the claims of an accuser. Is that not chilling, coming from someone like Brett Sokolow?

Law enforcement generally will not prosecute the typical "he said-she said" college sex case--and for good reason--the evidence is entirely too conflicting. Once in a while, a prosecutor will roll the dice with a college man's life even when the evidence is murky, and the jury usually acquits quickly. Here is just one of innumerable examples: the case where a 21-year-old college man was charged with raping a 20-year-old female classmate at a fraternity party.The accuser claimed she was high on alcohol and marijuana, and that she blacked out at a frat party only to awaken with the accused on top of her. She said she tried to push him off but that he held her down by one arm while her other arm "got caught underneath him." The accused, on the other hand, told an investigator that the woman had attacked him by pushing him down on the couch and telling him he was going to have sex with her. Three witnesses testified under oath that they peeked behind the curtain and saw the accused and the accuser, but they said they saw nothing that pointed to a struggle. One man said he glimpsed a woman on top of the accused. "They seemed to be engaged in sexual contact," he said. It took a mostly female jury just one hour to acquit the man--and not because of "rape culture" or because the jurors engaged in victim blaming. The evidence was too murky to decide whether she consented. Again, the general public wants rapists strung up by their balls, but it has no taste for punishing a young man when there a good chance he's innocent.

Another example: the University of Virginia's Sexual Misconduct Board presented a mock trial as part of a weeklong sexual assault advocacy program, Take Back the Night. Assoc. Dean of Students Nicole Eramo, the board’s chair, opened the event by describing a typical trial, which often lasts an entire day and involves multiple witnesses. The mock trial was a rape case in which the complainant, the accused and three witnesses testified. After each testimony, the board — comprised of three faculty members and two students — asked clarifying questions, most of which sought to determine whether the complainant had the capacity to “effectively consent.” The Cavalier Daily, the school's student paper, reported: "After the trial, most felt there was not an obvious answer to the case — highlighting the difficulty in reaching a verdict using contradicting statements and a lack of detailed evidence."

The real world is much different than the one that exists in the Salon offices, where the "rape culture" meme is alive and well (RAINN, be damned) and the one-in-five campus sexual assault survey still holds sway (even though that survey came under fierce fire last year and only zealots still rely on it). The "rape culture" fiction only thrives in a climate where every rape claim is uncritically accepted and none are carefully scrutinized or tested against competing claims of innocence. Our guess is that Katie McDonough, for one, would not be happy if the typical college sexual assault claim was subjected to the Klieg lights of a thorough investigation by a seasoned journalist acting without a political agenda. The resulting story will not advance the narrative the sexual grievance industry wants to peddle.

McDonough, you may recall, is the writer who branded a Wall Street Journal reporter "a caveman misogynist and serial rape apologist" after he had the temerity to applaud a New York Times writer for merely acknowledging the problem of wrongful accusations on college campuses.