Category: Sexual Assault

Contact: Gina Lauterio

Email: info@saveservices.org

New UVA Sex Policy Is ‘Illogical and Hysterical,’ Will Do Nothing to Stop Rape, SAVE Charges

WASHINGTON / April 27, 2015 – The University of Virginia (UVA) has adopted a new Interim Policy on sexual misconduct that dramatically expands the definition of sexual misconduct to include any type of sexual contact. The policy also imposes an “affirmative consent” requirement, warning that “Relying solely on non-verbal communication before or during sexual activity… may result in a violation of this Policy.” SAVE believes the policy will do nothing to deter forcible rape, and is likely to serve to trivialize the problem.

According to the new policy, any intentional touching of intimate body areas, whether clothed or unclothed, must be preceded by specific words or actions indicating consent. Under this definition, a simple hug or close dancing could be construed as sexual assault punishable by expulsion, SAVE notes.

Constitutional scholar Hans Bader has criticized the new UVA policy as “an outrageous violation of students’ privacy rights.” http://libertyunyielding.com/2015/04/09/hugs-are-now-sexual-assault-at-the-university-of-virginia/

SAVE highlights the fact that the new policy likely would not have helped to prevent the recent rape of Hannah Graham. The former UVA student was abducted on September 13, 2014. One month later, human remains believed to have come from her body were found at an rural location.

The murder suspect, Jesse Matthew, had been accused of sexual assault at two separate Virginia colleges he had attended as a student. But a criminal case was not brought against the man in either incident.

“The new UVA policy represents a response to the so-called campus ‘rape-culture’ that is illogical and hysterical,” notes SAVE spokesperson Sheryl Hutter. “University of Virginia administrators should be working to involve local law enforcement in these cases, not mandating an illusory affirmative consent standard,.”

Relevant excerpts of the UVA policy can be seen in the attachment to this press release. The entire policy can be viewed here: http://vpsa.virginia.edu/sites/vpsa.virginia.edu/files/Title%20IX%20VAWA%20Umbrella%20Policy.pdf

 

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio
Email: info@saveservices.org

Lawmakers Need to Restore Presumption of Innocence in Campus Sex Cases to Avoid ‘Frightening Consequences’

WASHINGTON / April 9, 2015 – Following release of a report detailing the many mistakes of a Rolling Stone article that had alleged a gang-rape at a University of Virginia fraternity, SAVE is now calling on legislators and campus administrators to engage in reasoned debate on the campus sexual assault issue to restore due process and the presumption of innocence.

Commentators have noted how Rolling Stone reporter Sabrina Erdley approached the topic with a pre-conceived narrative. By her own admission, Erdley set out to locate a case that would reveal “what it’s like to be on campus now…where not only is rape so prevalent but also that there’s this pervasive culture of sexual harassment/rape culture.”

These pre-conceptions may have lulled Erdley into accepting the uncorroborated claims of self-identified rape victim “Jackie” as truthful. Erdley envisioned her article would pressure campus administrators to institute policies to curb campus rape that serve to reduce due process protections.

Commentators on all points of the political spectrum have voiced concerns about the loss of the presumption of innocence for students accused of sexual assault: http://www.saveservices.org/sexual-assault/editorials/2015-2/

In response to a call for the intentional use of false convictions to curb campus sexual assault, for example, liberal editorialist Jonathan Chait charged, “This is a conception of justice totally removed from the liberal tradition.”

And conservative editorialist Robert Tracinski recently denounced how UVA president Theresa Sullivan “acted with a presumption of guilt against her own university and its students.”

“The presumption of innocence has long been a bulwark of American law,” notes SAVE spokeswoman Sheryle Hutter. “Any infringement on the presumption marks a worrisome trend to authoritarianism in our society with frightening consequences.”

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Panelists Call for End to Second-Class Justice in Campus Sex Cases

WASHINGTON / March 18, 2015 – Panelists at a recent media briefing called for major changes to the federally mandated system of campus disciplinary committees, which are now required to hear all allegations of campus sexual assault. The six presentations were made during a March 13 briefing held at the National Press Club in Washington, D.C.

In her opening statement, national columnist Cathy Young criticized media accounts for failing to report both sides of campus rape allegations.

George Washington University Law School professor John Banzhaf argued that administrators at state universities are at risk of being sued for giving short shrift to fundamental due process protections from the accused.

New York City lawyer Susan Kapan deplored the “if she’s crying, she’s not lying” standard of proof currently employed by some campus tribunals.

Constitutional attorney Hans Bader revealed how recent federal mandates have created financial incentives for colleges to expel the accused, rather than to seek justice.

Representing Families Advocating for Campus Equality, Cynthia Garrett noted how affirmative consent policies are inherently biased against the man because they presume male initiation of all sexual encounters.

And former Auburn University student Joshua Strange revealed how the campus proceeding he faced was so biased that the decision to expel was evident even at the very beginning.

“Persons accused of rape deserve to receive due process protections, and victims deserve the full resources of the criminal justice system,” notes SAVE spokesperson Sheryl Hutter. “Anything less represents a deplorable case of second-class justice.”

The presentations are available in high-quality broadcast format: https://youtu.be/uERIh6DkAb0

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio
Email: info@saveservices.org

‘Fundamentally Dishonest:’ Hunting Ground Movie Distorts the Truth and Shortchanges Victims, SAVE Charges

WASHINGTON / March 3, 2015 – SAVE, a national organization working to end sexual assault, is criticizing the recently released movie The Hunting Ground for presenting false statistics, offering a one-side portrayal of the problem, and failing to call for greater police involvement in campus sex cases.

Produced by CNN Films, The Hunting Ground purports to be a documentary. In fact, the movie contains numerous factual errors and omits essential perspectives. The film does not attempt to verify the accuracy or completeness of persons’ accounts.

The film makes the claim that 20% of college women are sexually assaulted, even though the U.S. Department of Justice reports a woman’s risk is under one percent each year: http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5176

The movie misleadingly states that “more than 35 other schools all declined to be interviewed for this film,” when in fact two college presidents agreed to conduct interviews: https://www.insidehighered.com/news/2015/01/29/new-documentary-suggests-incorrectly-no-college-leaders-would-sit-camera-interviews

The film does not interview any men accused of rape, does not mention any of the widely publicized examples of false rape allegations, and neglects to highlight the growing number of lawsuits filed against universities charging wrongful expulsion.

The Hunting Ground makes no mention of the recent Rolling Stone/UVA story, widely viewed as an example of advocacy journalism based on implausible and unsubstantiated allegations.

Although the movie highlights how universities are doing a poor job handling sexual assault cases, the producers do not take the logical step of calling for greater involvement of criminal justice authorities. This omission leaves victims attempting to secure justice at the hands of ill-equipped campus committees, SAVE says.

“The Hunting Ground presents bogus statistics, presents only one side of the story, and is designed to play on viewers’ emotions,” notes SAVE spokeswoman Sheryl Hutter. “That’s fundamentally dishonest.”

SAVE has produced a 4-minute video, The Hunting Ground: Assaulting the Truth? which can be viewed here: https://www.youtube.com/watch?feature=player_embedded&v=9MBGMlpc4KE

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio

Email: info@saveservices.org

‘One in Five, It’s a Lie:’ SAVE Launches Campaign to Restore Truth to Sexual Assault Debate

WASHINGTON / January 7, 2015 – Stop Abusive and Violent Environments is today launching a national campaign to expose common myths and false claims about campus sexual assault. The 12 myths, along with the factual information, can be viewed here: http://www.saveservices.org/sexual-assault/myths/

One of the most common is the “one in five” myth, the claim that one-fifth of college women experience sexual assault. But a recent Department of Justice report concluded the actual risk is 2.4% over the four-year college period.

Other myths include:

1. Only 2-8% of Rape Allegations are False
2. Our Nation Endorses a “Rape Culture”
3. Encouraging Women to Follow Common-Sense Rape Prevention Measures is “Blaming the Victim”

SAVE believes these myths, and the concerns they engendered, contributed to a cultural milieu in which the UVA-Rolling Stone magazine debacle took place last month.

“Campus activists have systematically distorted the truth to promote ineffective policies and remove the presumption of innocence from the accused,” according to SAVE spokesperson Sheryle Hutter. “There is no ‘rape culture’ in American society, but these myths have served to promote a culture of ‘rape panic’ on college campuses.”

SAVE has drafted a bill that would require campus sexual assault cases be handled by local law enforcement authorities, not untrained campus disciplinary panels: http://www.saveservices.org/sexual-assault/sos/

Stop Abusive and Violent Environments is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio
Telephone: 301-801-0608
Email: info@saveservices.org

SAVE Commends Senators Whitehouse and Grassley for Taking Lead to End ‘Second-Class Justice’ in Campus Sexual Assault Cases

WASHINGTON / December 12, 2014 – Stop Abusive and Violent Environments applauds Senators Sheldon Whitehouse and Chuck Grassley for taking the initiative to strengthen the involvement of criminal justice authorities in campus sexual assault cases. The senators issued the statements during a December 9 hearing of the Senate Judiciary Committee that addressed the Roles and Responsibilities of Law Enforcement in Campus Sexual Assault: http://www.judiciary.senate.gov/meetings/campus-sexual-assault-the-roles-and-responsibilities-of-law-enforcement

In his prepared statement, Sen. Whitehouse noted,

“As a former United States Attorney and Attorney General for my state, I am concerned that law enforcement is being marginalized when it comes to the crime of campus sexual assault. I am concerned that the specter of flawed law enforcement overshadows the harm of marginalized law enforcement.”

Echoing a similar sentiment, Sen. Grassley commented,

“It’s high time to make sure that a crime is a crime wherever it is committed and treated the same way. And when it is treated universally the same way we will have less rape on campuses.”

The current federal policy requires campus disciplinary committees to handle all allegations of sexual assault. This regime has fostered the widespread perception of “second-class justice” at colleges and universities that shortchanges both victims and the accused.

Hundreds of editorials have criticized the campus disciplinary committees because they lack the necessary expertise, independence, and legal authority to adjudicate complex ‘he-said, she-said’ claims, commentators say: www.accusingu.org.

SAVE has drafted the Safety of Our Students (SOS) bill, which would require that campus sexual assault cases be investigated by local law enforcement authorities: http://www.saveservices.org/camp/campus-rape-courts/

Stop Abusive and Violent Environments, a 501(c)(3) organization, is working to promote effective solutions to campus sexual assault: http://www.saveservices.org/

Contact: Gina Lauterio

Telephone: 301-801-0608

Email: glauterio@saveservices.org

Harvard Law Professors Rail Against New Sex Policy

WASHINGTON / October 16, 2014 – Twenty-eight faculty members at the Harvard Law School have issued a statement criticizing the university’s new Sexual Harassment Policy. The strongly worded statement, unprecedented in its challenge to U.S. Department of Education policy, was published in the October 15 edition of the Boston Globe: http://www.bostonglobe.com/opinion/2014/10/14/rethink-harvard-sexual-harassment-policy/HFDDiZN7nU2UwuUuWMnqbM/story.html

The document expressed the law professors’ “strong objections” to the Harvard policy which is “inconsistent with many of the most basic principles we teach” and which, they warned, “will do more harm than good.”

The professors noted the university’s new definition of sexual harassment “goes significantly beyond Title IX and Title VII law.” They charged the new procedures are “overwhelmingly stacked against the accused” because they “lack the most basic elements of fairness and due process.”

The declaration recited the following particulars:

■ The policy’s “absence of any adequate opportunity to discover the facts charged and to confront witnesses and present a defense at an adversary hearing.”

■ “The lodging of the functions of investigation, prosecution, fact-finding, and appellate review in one office.”

■ A “failure to ensure adequate representation for the accused, particularly for students unable to afford representation.”

The Harvard faculty enjoined university administrators to “withdraw this sexual harassment policy” and develop new “substantive and procedural rules which would best balance the complex issues involved.”

“The Harvard faculty has rung the bell of liberty in defense of our fundamental civil rights,” notes SAVE spokesperson Sheryle Hutter. “Professors at other law schools around the country will hopefully issue similar declarations about the Department of Education’s ham-fisted and unconstitutional policies.”

Numerous commentators have criticized the Department of Education’s 2011 Dear Colleague Letter on sexual assault because it shortchanges both victims and the accused: www.accusingu.org

Stop Abusive and Violent Environments—SAVE—works for evidence-based solutions to sexual assault: www.saveservices.org