The Imperfect Process of Campus Sexual Assault Adjudication It’s a statistic that has circled around the nation for years, one that imprints fear into the minds of young adults and rage into those that demand justice: 1 in 5 female college students will experience sexual assault in the duration of their college career (Clark), with only 20% of those rapes being reported to the police (Hefling). As a topic that is so highlighted in American society, there is a strict demand for an organized, thorough investigation that will result in justice served. Controversy regarding whether the colleges themselves or the criminal justice system should adjudicate the punishment for these vile crimes has arisen; some believe that as an actual crime, these assaults should be taken in a legal stance in order to serve justice at its fullest extent. Others believe that determining punishment through the court system is too nerve-wracking for the victims and that by allowing colleges to do so is the only way they can avoid feeling “skepticism” by the police, juries, or courts (Know Your IX). However, when juxtaposing the capabilities of the colleges and the court system when it comes to the adjudication process, it is evident that the courts are more competent in determining punishments for campus sexual assaults. It has been argued that colleges are more equipped for attending to the emotional well-being of campus sexual assault victims. Title IX, a federal gender equity law passed in 1972
Sexual assault is defined by the department of justice as: any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. Women aged 18-24, in college, are three times greater at risk than the average woman any age. (RAINN). The U.S. Department of Education’s Office for Civil Rights has 246 ongoing investigations into how 195 colleges and universities handled sexual assault under Title IX. (Huffington Post). Many ask, Why on college campuses? Why have these statistics been rising? For a rapist or an assaulter, college is
The alarming increase in sexual assault among male and female students is a source of concern. Despite improvements in the general statistics on rape cases, the college setting remains to be the hot bed of sexual assault, especially among the female counterparts (Allen, 2007). A victim, regardless being a male or a female, never feel safe in their life as something precious was taken from them once. Statistics show that 17.6% of women are likely to be victims of rape in their entire lifetime while only 0.3% of males are estimated to be the victims of sexual assault. According to the National Violence Against Women Survey (NVAWS), the most critical ages men and females are likely to be engaged in sexual abuse is when they are children or adolescents (Gonzales, Schofield & Schmitt, 2006).
“One in five women are sexually assaulted while in college” (Not Alone, 2014). In our class of twenty women that means that possibly five women have been sexually assaulted. Out of the five women that I stated could have been sexually assaulted they may have known the perpetrator and often will not report what has happened. According to the spring count of students completed by West Chester University, 9,211 of those students were females (“Headcount Enrollment”, 2014). If I go by the statistic mentioned earlier that one in five women is assaulted that would mean that 1,842 women have been sexually assaulted while enrolled at West Chester University of Pennsylvania. Out of 1,842 possible assaults only four were reported last year. Two of which the victims knew prior to the assault. Rankin and Associates consulting conducted a Climate Assessment on West Chester University in September of 2010, a section of the results focused on sexual assault on students. According to the report seven people who reported a sexual assault to the university described their reactions to the universities response. Two students shared the way they felt the response was inappropriate or poor. One described that they felt the suspension for one semester was not an appropriate response to an admitted rape, that public safety lost the victims statement, judicial affairs painted the victim offender as innocent, and that the registrar protected the offender putting the victim in harm’s way and everyone
Summary: The article “Rhode Island Schools Report 18% Increase in Sexual Assaults” Arditi explains to us of the unfortunate rise in sexual assault at universities in the Rhode Island area. She gives us statistical evidence of reports by journals and newspapers. These statistics showed an increase of 65 sexual assaults by 11 schools near Providence and a 40 percent increase for 29 New England schools (Arditi). These sexual assaults are due to many conditions of the college, such as, its size, location, culture, and how well it deals with reports of the abuse. Colleges have a rising problem of victims failing to report crimes that were committed upon them. Along with problems with reports, sharing information between law enforcement and college student affairs was an increasing issue. Universities and colleges were not required to share data until a White House task force recommended that these institutions sign a Memorandum of Understanding (MOU)
University of Tennessee Knoxville was recently involved in a lawsuit for enabling athletes to sexually assault women by silencing the victims and failing to provide disciplinary actions or even investigation onto the accused. While this is a recent case, this is not the first time this sort of behavior involving a school has been brought into light. One in four women will be sexually assaulted by the end of their undergraduate career (Posluszny). Sexual assault happens throughout society no matter what the gender or age, seeming to be in increasing epidemic over the last few years. While the idea of sexual assault is largely met with public hostility in theory, actions often contradict this. This contradiction lies heavily in a culture that is unwelcoming to the victims and often leads to the perpetrators being tolerated. The existence of rape culture in western society occurs due to the preservation of violent media, patriarchal standards, and the state of the criminal justice system. This culture cannot be improved until we confront each of these problems to their roots.
described as any sexual act that is unwanted by somebody else. These acts incompass penetration with genitals and/or objects without consent, rape, unwanted sexual acts such as oral sex and touching of somebody’s body without their permission and is all about “power and control” (Sexual Assault). It is important to note the misconception regarding rape. Rape falls under the category of sexual assault not every case is rape (Sexual Assault). Sexual assault on college campuses is a reoccurring problem and it seems as if colleges aren't doing much about it. These abusive incidents happen on a day to day basis and it is not getting the attention and awareness that
Parents are looking for safe places where their children will be able to acquire a vigorous education; therefore, safety is one of the main concerns when it comes to selecting colleges. This places institutions in a situation where they will do anything to keep a good reputation. There is a consumer protection law called The Clery Act passed in 1990, which requires institutions to report crimes that happen on campus (Bulletin), but statistics like “ninety-one percent of college campuses disclosed zero reported incidences of rape in 2014” (Becker) clearly show how colleges are trying to hide the truth regardless of the policy. This is a moral hazard that creates an incentive for colleges to not accurately report cases. It’s been established that most of cases are not reported, which it is something “good” for institutions because they are less affected. But what if all cases were to be reported to the police instead? Institutions will definitely make sure to prevent any sexual assault in the first place. Consequently, there is a loss of trust in the institutions because victims believe that nothing will be done just like in the Turner case. Are institutions willing to sacrifice their reputation by making public every sexual assault case? We know that the answer for this is no. They value more the money that enters the institution more than the safety of the students who bring the
On the topic of sexual assault on campuses, Catherine Lhamon, Assistant Secretary for Civil Rights and James Moore, Compliance Manager of the Clery Act discussed ways to further combat sexual assault on college campuses. Lhamon and Moore focused on the improvements made to the reporting of sexual assault, positive changes made to the judicial proceedings on campuses, and the improved punishment of perpetrators. The members of the committee hearing did not deny the importance of combating sexual assault. However, members did disagree on the methods to effectively decrease sexual assault and increase overall reporting of victims. Members disagreed the most on the enforcement mechanism, which was made more controversial by the differences in opinion on the accuracy of reporting, and the guidance authority of the Department of Education. This ballot will address the panel discussion on these
Despite federal laws issued to combat sexual violence, each year 4,000 college women report to school officials that they've been sexually assaulted. What happens after they file those reports has stirred debate on campuses across the country, leaving parents and students fearful that colleges may not be the ivory towers of security and integrity that appear on their recruitment pamphlets.
‘Sexual Violence is more than just a crime against individuals. It threatens our families; it threatens our communities. Ultimately, it threatens the entire country’ (qtd. in Burleigh pg. 2). In the article, “Confronting Campus Rape” written by Nina Burleigh; a writer, journalist, and professor at Columbia Graduate School of Journalism, describes what students are doing to force universities to take a stronger stand against campus sexual assault. Moreover Burleigh describes what the government is doing to make a difference on the issue. This includes laws that have created consequences for the assaulter and laws that protect the victim. According to Burleigh, a young woman called Laura Dunn was sexually assaulted on campus. Dunn was a student of UW. On April 4th, 2014, Dunn lost her virginity to two UW athletes. That night, Dunn was attending a party at the university. Dunn was enjoying the party and lost count of her alcohol intake. Dunn remembers being led out by two older teammates, who she knew. Dunn was very intoxicated, enough to stumble on her way back to what she thought would be another campus party, as one of the athletes helped her walk. The athletes led Dunn to one of their apartments where she found herself on a bed with both of them on top of her. Dunn was so intoxicated that she couldn’t help but to drift in and out of conscious leaving her unable to stop the two men. Dunn began to feel sick and was led to the bathroom by one of the athletes, where he penetrated her from behind while she was throwing up. That was a date Dunn would never forget. Dunn like many other women at the UW have been sexually abused by other students. Although Dun’s incident is shocking, it is not uncommon for women to be sexually assaulted on campus. A woman at the university of Wisconsin is more prone to being sexually assaulted than any other woman in the country because of alcohol intoxication; this is a problem that must be resolved.
When congress passed the gender-equality law known as Title IX (1972) more than 40 years ago, no one expected it to make colleges responsible for handling sexual assault. Title IX was a “stealth law” aimed at helping women get through the doors of higher education and is now being interpreted to require colleges to investigate and resolve students reports of rape, determining whether their classmates are responsible for assault and, if so, what the punishment should be. (Wilson, Paragraph 1-2) The term Sexual Assault was defined by the district as any type of sexual contact or behavior that occurs without the explicit consent of the recipient. With that definition, the term on campus was
Sexual assault is defined as any vaginal, oral, or anal penetration that is forced upon another, regardless of sex and sexual orientation, using any object or body part. The issue of sexual assault in America is primarily encouraged by rape culture. Women Against Violence Against Women is an organization that defines rape culture as a complex set of beliefs that encourage male sexual aggression and supports violence against women. The acceptance of rape culture, rape myths, and the disregard for sexual consent also allow for the perpetuation of sexual assault against women on college campuses. Recent examples of sexual assault on college campuses show how prominent this issue has become and how hostile campuses have become for female students. Some examples include the University of Southern California’s “Gullet Report,” Miami University of Ohio’s “Top Ten Ways to Get Away with Rape,” and a sexual assault on the campus of Kansas University. Sexual assault is perpetuated by the acceptance of rape myths and rape culture, lack of effective sexual education, and the disregard for consent. The solution to this issue lies with defeating rape culture, increasing awareness and funding for campus sexual assault crisis centers, and enacting more prevention programs on campus.
Abstract: Sexual Violence is more prevalent at college campuses compared to other crimes. According to RAINN, the nations largest anti- sexual violence organization, “11.2% of all students experience rape or sexual assault through physical force, violence, or incapacitation (among all graduate and undergraduate students)” (“Campus sexual violence,” n.d.). Most recently, the case of Brock Allen Turner has made headlines nation wide. Brock Turner, a former Stanford University swimmer was charged of sexually assaulting an unconscious woman.
Current data and statistics involving sexual assaults on college campuses are very sad and depressing. According to Monique DiCarlo, who used data from the Department of Justice, 1 in 5 women are likely to be sexually assaulted during their time on campus (M. DiCarlo, personal presentation, October 17). However, many of these assaults go unreported to authorities or the universities. Some of the reasons victims do not report are because victims do not believe the school will do anything or help, do not believe it to be important enough to report and fear of reprisal (M. DiCarlo, personal presentation, October 17). With major advancements in policy including Title IX, the Cleary Act, and defining what is consent, one could assume sexual assaults on campuses should be declining. However, sexual assaults are not declining and many departments such as athletics and international student offices have to deal with the problem. In this paper, I will discuss the current climate of sexual assault on campus, provide a brief overview of rights and protections of Title IX, discuss how the office of international student services could be impacted and how Title IX coordinators are handling the problem and what still needs to be done to help protect all students.
Sexual assault has been a huge issue for many years on college campuses and universities nation wide. As society has evolved, thoughts on sexual assault have also evolved, becoming more focused on the details of victim treatment than ever before. The topic of sexual assault is debatable and sparks many opinions on weather sexual assault on college campuses is becoming more frequent, or if there is just heightened awareness. Sexual assault can happen to anybody no matter the gender, race, religion, or age. Recently there have been many studies conducted on sexual violence on college campuses and universities producing ample amounts of statistics. One may argue that sexual assault rates are the same, but there are simply more studies and attention on sexual assault in the past 20 years. Gender roles have played a huge part in sexual assault on college campuses. Women and men have different expectations when it comes to roles in the relationship, men are often expected to make the first move. One may ask what causes a perpetrator to sexually harass somebody and think it is acceptable. There are various reasons as to why perpetrators do what they do, and may vary from person to person. Although sexual violence is a large problem for many colleges and universities, there is a surprising shortage of federal laws/rules and regulations regarding sexual assault. Colleges are able to develop their own personal policies and procedures for how they will prevent and deal with sexual