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Campus Sexual Assault Special Report Victim-Centered Investigations

PR: Railroading the Innocent: SAVE Calls on University Administrators to End ‘Victim-Centered’ Investigations

Contact: Christopher Perry

Telephone: 301-801-0608

Email: cperry@saveservices.org

 

Railroading the Innocent: SAVE Calls on University Administrators to End ‘Victim-Centered’ Investigations

WASHINGTON / October 26, 2016 – A report issued today probes a recent spate of lawsuits against universities, and calls on college administrators to stop the use of so-called “victim-centered” investigations to probe allegations of campus sexual assault. The report concludes such methods are “inconsistent with the most basic notions of fairness, repudiate the presumption of innocence, and are likely to lead to wrongful determinations of guilt, thereby increasing schools’ liability exposure.”

Titled “Victim-Centered Investigations: New Liability Risk for Colleges and Universities,” the report analyses 18 lawsuits filed by students who had been accused of sexual misconduct, and in which the judge ruled in favor of the accused student. In all 18 cases, students alleged the university committed investigational improprieties. The paper classifies the investigational flaws into categories such as “Incomplete/Inadequate Collection of Evidence” and “Overt Bias/Predetermination of Guilt.” (1)

The report also highlights the recent Office for Civil Rights determination against Wesley College of Delaware. According to the OCR, the college did not conduct any meaningful investigation of the accused student’s perspective. The Washington Post concluded, “In this case, the OCR found virtually everything wrong and therefore, a violation of Title IX’s protections against discrimination.”

“Victim-centered” methods abandon traditional notions of impartiality and objectivity. They instead call on investigators to presume that “all sexual assault cases are valid unless established otherwise by investigative findings” (2). Harvard Law School professor Jeannie Suk describes the victim-centered concept as an extreme “near-religious teaching” that is likely to discredit future rape victims (3). An Expert Panel composed of attorneys and professional investigators recently rejected “victim-centered” methods, calling for them to be replaced by “justice-centered” approaches (4).

SAVE has developed a model bill titled the Campus Equality, Fairness, and Transparency Act (CEFTA). The bill mandates the use of “justice-centered” investigations that would require campus investigators to “discharge their duties with objectivity and impartiality” (5). More information about victim-centered investigations is available (6).

Citations:

  1.     www.saveservices.org/reports
  2.     https://www.hrw.org/sites/default/files/reports/improvingSAInvest_0.pdf
  3.    http://www.newyorker.com/news/news-desk/argument-sexual-assault-race-harvard-law-school
  4.     http://www.prosecutorintegrity.org/wrongful-conviction-day/victim-centered-investigations-undermine-the-presumption-of-innocence-and-victimize-the-innocent-report-of-an-expert-panel/
  5.      http://www.saveservices.org/wp-content/uploads/CEFTA-7.14.2016.pdf
  6.     http://www.saveservices.org/sexual-assault/investigations/

Stop Abusive and Violent Environments (SAVE) is working for effective and fair solutions to campus sexual assault: www.saveservices.org

Categories
Discrimination Domestic Violence Press Release Research VAWA Inclusion Mandate Victim-Centered Investigations Victims Violence Against Women Act

PR: SAVE Encourages Domestic Violence Groups to Warn At-Risk Victims

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

SAVE Encourages Domestic Violence Groups to Warn At-Risk Victims

WASHINGTON / October 29, 2013 – Stop Abusive and Violent Environments, a leading domestic violence advocacy group, is urging anti-abuse service organizations to update their websites and training materials so persons at high risk of partner violence are warned to take necessary protective measures.

SAVE has identified three risk factors that dramatically multiply a person’s chance of injury and death:

  1. Separated: Persons who are separated face a risk of partner violence that is 50 times higher than the rate of married individuals: Married: 0.9/1,000. Separated: 49.0/1,000.
  2. Mutual violence: A CDC survey found that injury is more than twice as likely when the violence is mutual — 28.4% — compared to unidirectional violence — 11.6%.
  3. Female-initiated violence: Female initiation of violence is the leading reason for the woman becoming injured by her partner, according to research by Dr. Sandra Stith.

A review of existing online Fact Sheets reveals some groups, such as the New York State Office for the Prevention of Domestic Violence, do warn persons about the first risk factor.

But SAVE’s analysis has failed to identify a single group that is warning persons about the risks of mutual or female-initiated violence. As a result, at-risk persons do not take special precautions to deter violence. And policymakers may be unaware of the need for programs designed to address these worrisome situations.

To date, SAVE has reviewed Fact Sheets produced by the National Network to End Domestic Violence, Futures Without Violence, New York State Office for the Prevention of Domestic Violence, NY City Mayor’s Office to Combat Domestic Violence, and the National Coalition Against Domestic Violence. SAVE evaluated their statements according to 10 objective criteria of accuracy, balance, and completeness: http://www.saveservices.org/camp/truth/

In the future, SAVE plans to review the educational materials of other organizations

“SAVE applauds the work of domestic violence groups that warn persons about the risks of separating from an abusive partner,” notes SAVE spokesperson Sheryle Hutter. “But why aren’t these groups also highlighting the risks of mutual and female-initiated abuse?”

Each year, approximately 1,200 Americans were killed by their intimate partners.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org