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by ZeroGravitas
3713 days ago
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I think we both know that's neither a mainstream, nor a neutral source, and it's not presenting it's argument fairly. It puts scare quotes around "activitists" for goodness sake. That doesn't even make sense. I don't see anything particularly shocking in your quotes, yet it's all written as if I should. For example, a "yes" from a sufficiently drunk person, may not count as consent, even if they're not literally unconcious. That doesn't sound particuarly extreme to me. In fact I'm more worried about the schools that apparently require incapacitated to mean unconscious since I've seen plenty of people unaware of what was going on due to alcohol, without being literally passed out. So we've arrived at a solid definition of "drunk" at least, as this article makes clear that if you've not literally passed out, then they consider you capable of giving consent to sex. That's not the line I'd choose, but if you continue to argue for this, please just state that up front so overyone knows where they stand. |
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When you can be found to have committed sexual assault over the top of your "victim"'s vociferous assurance that nothing of the kind happened, you need to read the sexual assault policy as if it will only ever be used to justify finding you responsible for sexual assault, because that is the case. Where there is ambiguity in the policy, it is fair to read it as if any formal proceeding will interpret it as far as is possible in favor of the accuser (or farther). And in the Minding the Campus report, 18 of 55 schools were found to have policies involving no stated threshold at all, while using language that is deliberately weaker than the legal standard for rape. At those schools, you are vulnerable to a claim of rape if the girl has had any amount of alcohol, just as you're vulnerable to a claim of rape by campus administration if the girl had nothing to drink, maintains an ongoing relationship with you, and makes the formal statement that you never raped her at any point.
If you want to appeal to the idea that vague policies are benign as long as they're applied reasonably in practice, then (a) this is a deeply misguided approach to a justice system, specifically designed to allow persecution on flimsy grounds of anyone disfavored, and (b) the facts are clear that, as applied, college sexual assault policies are being used to convict boys who have done nothing wrong. As cited in Emily Yoffe's article, one higher education insurer found that of the sexual-assault-related claims it paid from 2006 to 2010, 72% went to men suing their school for railroading them.