Accusing U.


 Accusing U.

rape-chart 4 homepageRapes have fallen dramatically in recent decades — see graph. But discussions how to further curb the problem of campus sex assault are being derailed by over-wrought accusations of “rape culture.” The emotion surrounding “rape culture” is giving rise to policies that harm victims, remove the presumption of innocence, and encourage false allegations of sexual assault.

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fa fb profile 3 14Three government reports have contributed to the growth of Rape-Culture hysteria:

  1. 2011: U.S. Department of Education issued a sweeping Sexual Assault Directive
  2. 2013: Dept. of Education released a statement expanding on its 2011 Directive
  3. 2014: White House Council on Women and Girls published a report saying one in five women are raped in their livetimes — a claim that doesn’t stand up to scrutiny

The Foundation for Individual Rights in Education (FIRE) has explained why the 2011 sexual assault policy and the 2013 sexual harassment directive are flawed. The American Association of University Professors and 12 other organizations — and hundreds of editorials — have also come out against the Department of Education policy.


  • Dan Subotnik: The Duke Rape Case Five Years Later: Lessons for the Academy, the Media, and the Criminal Justice System, 45 Akron L. Rev. 883, 891 (2011)
  • Stephen Hendrick: A Hostile Environment for Student Defendants: Title IX and Sexual Assault on College Campuses Northern Kentucky Law Review, 40 N. Ky. L. Rev. 49 (2013)
  • Barclay Sutton Hendrix: A Feather on One Side, A Brick on the Other: Tilting the Scales Against Males Accused of Sexual Assault in Campus Disciplinary Proceedings, 47 Ga. L. Rev. 591 (2013)
  • Ryan Ellis, Mandating Injustice: The Preponderance of the Evidence Mandate Creates a New Threat to Due Process on Campus, 32 Rev. Litig. 65, 90 (2013)