Thursday, September 20, 2018

A way out

It's probably not a total solution, and I'm guessing David French wouldn't say it is, either, but French makes a great case here that one big way to improve our society's performance with regards to sexual assault is to (duh?) treat it as the criminal matter that it is.

Duh, again, and this means a lot of things.  First of all, it would mean that Title IX investigations would more or less encourage the complainant to (rightly) talk to the police, and the conclusion would more or less be a suspension if the accused is indicted, and an expulsion if convicted.   You might have a little more for university specific rules--say prohibition of fornication at Christian colleges--but otherwise, the matter would go to the police and courts--and sex crimes units would be adequately funded and staffed.  No more rape kids ignored for years, no more cases neglected.

In companies, it would mean the same thing--HR's role would be, apart from company specific policies and non-criminal harassment issues, to nudge complainants to the police, firing at a point ranging from indictment to conviction. 

How to implement it?  French gives a hint there as well; what about teaching kids about what filing a police report entails in these and other cases to de-mystify the process?  What about teaching kids that "he said/she said" rarely goes anywhere, and that the police and prosecutors are simply trying to see if the case has a firmer basis?

It makes a whole lot more sense, in my view, than retaining Title IX as it currently stands, with "preponderance of evidence" standards and a failure to allow cross examination of witnesses in many cases.  Which is, of course, why Democrats would fight tooth and nail to prevent it.

These hard cases are, after all, a gold mine for them, where Senators who looked the other way when Bill Clinton and Planned Parenthood broke these laws can posture piously and tell us how the latest halfway credible accusation is incredibly long as the accused is a Republican, or someone they can do without like Weinstein.


Hearth said...

Yes please.

Part of real feminism is being treated like a real grownup... which means if something bad happens to you, you really go and press charges. A proper trial is a bad experience, but so what? If you want justice, you're going to have to do what it takes to get it.

And you scream bloody murder if the hospital doesn't have a proper rape kit. And you demand that rape kits are processed properly and swiftly. There are rape-survivor advocates in many places - you can get someone who is trained to come and hold your hand while they do the unpleasant things that need doing.

IF you treated it like a real crime, then you'd have to have all that evidence to press charges. And maybe - maybe - we could get back to teaching our girls that while most men are honorable, there are always predators, and that a smart woman minimizes her risks.

You might also start teaching self-respect, and that jumping up and leaving when someone went past your boundaries is the appropriate response - not "being nice" and then being sad later. OBVIOUSLY men are all bigger and stronger than I am - but if you rape me without a gun or a knife, you're coming away with bruises and teeth marks, and a broken bone or two if I can manage it. You can't get into the headspace to defend yourself if you don't stand up for your boundaries right away. Has everyone forgotten the FIRST lesson of self-defense? SCREAM. Scream in his face. Not a delicate little "no" - you SCREAM. You scream if you're on his couch and he hasn't taken the polite no appropriately, you scream if some dude comes up to you and tries to grab you. You don't bat at him or mumble.

Really. You guys wouldn't walk into a gay bar full of football players and then get blind drunk. You're too smart. You wouldn't fall asleep at a stranger's house. If someone hurt YOU, you'd fight back.

If we're going to expect to be treated equally, we have to act like adults, not children.

Bike Bubba said...

Well said. I'm curious; would police forces allow the first person the victim felt comfortable talking to to be that "buddy" who holds the victim's hand during the administration of the rape kit and such?

Totally academic question on my part right now, but curious.

Hearth said...

I don't think anyone can (or should) stop you from talking whenever you want to talk as long as you can talk in front of a judge too.