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Kangaroo courts on campus: How ‘rape culture’ panic is undermining due process

February 25, 2015 by Inside MAN 7 Comments

In 2011, the US Department of Education’s assistant for civil rights, Russlynn H Ali, wrote to universities across America instructing them that they must aggressively investigate all allegations of sexual assault on campus, regardless of whether the police chose to do so.

The directive, now infamously referred to as the ‘Dear Colleague’ letter, stated that if university disciplinary procedures failed to pursue allegations of sexual assault, they would be in violation of US equality legislation and would be stripped of government funds.

The directive, fuelled by a popular panic around an alleged ‘rape culture’ on campus, triggered a proliferation of a Kafkaesque tribunals and kangaroo courts across US universities. Four years on, dozens of railroaded male students are suing their Alma Maters for breaching their constitutional right to a fair trial, and in October last year, 28 Harvard Law professors published an open letter stating that the new procedures, ‘lack the most basic elements of fairness and due process [and] are overwhelmingly stacked against the accused’.

‘Culture of fear and misogyny’

So far, so American. Except, astonishingly, there is now a drive to impose this discredited system of parallel justice on to campuses in the UK. This year, the End Violence Against Women commission (EVAW) – which includes the Fawcett Society, Rape Crisis England and Wales, the Women’s Institute, Amnesty International UK and the TUC – has published a legal briefing warning universities they could be breaking the law if they refuse to investigate sexual-assault allegations in the belief that such investigations should be left to the police.

Their argument is essentially the same as the one in the ‘Dear Colleague’ letter – that because under equality law universities have a responsibility to protect students and staff from gender-based discrimination, they are required to investigate such allegations, even if the evidence would not support a criminal investigation. Or, as the EVAW briefing puts it, ‘disciplinary procedures should not apply a criminal burden of proof’.

The campaigners’ attitudes to the rights of accused male students were spelled out by one of the professors leading the charge. Professor Nicole Westmarland wrote in the UK Telegraph‘s Women section: ‘The criminal process can take months. If universities refuse to investigate or take action during this time, then the victim is forced to live and study alongside their attacker… Our students cannot be left to study in a culture of fear and misogyny.’ Due process just takes too damn long – much easier just to find the student guilty as charged and kick him out, right?

Ideologically-driven journalism

The campus anti-rape campaigners have already shown their penchant for mob justice in the case of then Oxford Union president Ben Sullivan. Sullivan was subjected to an aggressive resignation campaign – led by Oxford University Student Union’s vice president for women – after he was accused of rape by two female students. Following a police investigation, not only was there insufficient evidenceto charge Sullivan, it appears one of his accusers knew she had made a false allegation against him.

But it’s not just the campaigners’ disregard for due process that is of concern – there’s also the quality of the evidence they’re using to justify the reforms in the first place.

In the US, hysteria has been fuelled by the claim that one in five female students will be a victim of rape or sexual assault while attending university. But the statistic has been repeatedly thrown into question and more reputable research suggests that closer to 1-in-53 college women are victims of rape or sexual assault – obviously still far too high, but nowhere near a figure that justifies the idea of a ‘rape culture’ on campus.

Here in the UK, we have our own cottage industry of advocacy research and ideologically driven journalism that’s been pumping out alarming and distorted statistics about campus sexual assault. The EVAW campaign was launched alongside a series of articles in Telegraph Women, with the shocking headline: ‘A third of female students in Britain have endured a sexual assault or unwanted advances at university.’

Male victims ignored

Leaving aside just what constitutes ‘unwanted advances’ – being asked out by someone you don’t fancy? – much later, the statement is qualified by ‘most assaults were more minor offences, including groping’. The headlines and ensuing articles also downplayed the fact the survey found one in eight male students had been subjected to groping or unwanted advances and that one per cent of students of either gender had been raped at university. The Telegraph does not provide a link to the report, so it’s not possible to explore the claims in more detail.

Just days afterwards, the same journalist published another article on the predatory tendency of male students – this time in Telegraph Men – stating that ‘a third of male university students would rape a woman if there were no consequences’. The implication that a third of the UK’s male student body would rape a woman if they could get away with it, published in a respected national broadsheet, is based on a study of exactly 73 students at an American university.

But the group that’s most committed to vilifying the UK’s male students is the National Union of Students itself. The key report the EVAW uses to justify its demands is the 2010 NUS survey, ‘Hidden Marks’, which openly states its ideological agenda: ‘The survey did not ask about violence experienced by male students. Whilst we recognise that male students have a heightened risk of being a victim of violent crime, and can be subject to the full range of behaviour surveyed in this research, the primary aim of this research was to explore women students’ experiences, focusing particularly, although not exclusively, on men’s behaviour towards women and the impact of gendered violence on women.’ Glad that’s clear, then.

Since ‘Hidden Marks’, the NUS has relentlessly pedalled the idea that there is a widespread climate of sexism against female students, producing a series of high-profile reports, consultations and surveys, including a Lad Culture Summit last February, complete with live updates by the Guardian.

‘Martial law against men’

The most recent of these surveys, which claimed harassment of female students ‘is rife on campus’, found that 37 per cent of women and 12 per cent of men who responded said they had faced unwelcome sexual advances, while 36 per cent of women who took part said they had experienced unwanted sexual comments about their body, compared with 16 per cent of men. Once again, as with the Telegraphsurvey and ‘Hidden Marks’, if a third to 50 per cent of those experiencing sexism are male students, why is this just being presented as an issue of male perpetrators and female victims?

Meanwhile, from the banning of ‘Blurred Lines’ and lads’ mags on campus, to relentless social media propaganda such as the Hollaback video and ‘consent classes’ for new students, campus culture increasingly seems to find young male sexuality inherently pathological.

Sexual harassment and assault on campus is a real problem – victims must be taken seriously and know that they can expect justice to be done. But that is not what these campaigns are about.

Back in 2011, when first reporting on the ‘Dear Colleague’ letter, American feminist Christina Hoff Sommers warned: ‘The new regulations should be seen for what they really are. They are not an enlightened new procedure for protecting students from crime. They are a declaration of martial law against men, justified by an imagined emergency.’

These ideologically driven campaigns by the NUS and others have fostered a climate primed for witch hunts and mob justice. In this context, the last thing universities should be doing is undermining due process.

By Dan Bell

Photo: StockMonkeys.com This article first appeared in Spiked-online 

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Filed Under: Men’s Issues Tagged With: Articles by Dan Bell, Christina Hoff Sommers, Dear colleague letter, Due process, EVAW, NUS, Sexual assault on campus

  • Duke

    In the US, this current round of “Rape hysteria”..Is rooted in the perverse new reality that American law enforcement now get federal pork bloating dollars to manufacture faulty and inflammatory rape statistics that are slowly stripping American males basic due process rights. These perverse new “manufactured statistics Alliances” between state law enforcement the federal pork bloating triangles are not only a stain on American law enforcement, these perverse Alliances may in fact be unconstitutional…..and yes, these perverse manufactured statistics for federal pork bloating “triangles” are being exported to other nations that want to break / divide / and strip the male populations of their basic civil rights.

  • Nigel

    It is really important to raise this and keep raising it. It is actually a human rights issue here. In that we are looking at negating the Convention’s on Human rights signed up to by the UK and its own common law.
    In the US it followed the usual trajectory for any “moral panic”. There was indeed “dodgy dossier” advocacy research and sensational media stories about the “rape culture” again the language is inflammatory as the actual culture described is the “casual sex” culture which has been the norm for young people for decades. Of course the target of the moral panic is male students(as they are uniquely responsible for casual sex). Because in fact much of the panic is actually about things that are unlikely to be prosecuted (because they may actually not be offences in law) the ground moves to mobilise disciplinary procedures in Universities, which of course aren’t designed to deal with prosecution of possibly criminal matters but may be adequate to deal with poor behaviour. This trundles on for a number of years until the consequences of the panic start to become obvious.
    1. Law enforcement agencies find themselves called in far too late and dealing with serious cases where the inept University “investigations” ruin the case.
    2. Universities find themselves sued having ejected students (a serious harm at the time and to reputation) without anything that looked like proper process.
    3. Legal and Constitutional experts start publicly pointing out the obvious suspension of rights in Constitutional Law and due process (strengthening the legal cases against the Universities).
    4. Fabricated or fanciful stories get found out as with a recent Rolling Stone Magazine story proven to be false (a story that actually names an accused person).
    5. Of course also that young people (overwhelmingly males) get their lives severely disrupted and they and their families start to protest the injustice.

    I sincerely hope that we can avoid repeating this circus in this country.

  • Paul Mills

    Here’s a thing, how about the fact that students, by definition are still growing up – which is all part of the college journey. How many young men and women around the world live with moderate to significant regrets about behaviour of a sexual nature when disenhibited by alcohol or drugs? Indeed how many mature adults look back and think ‘but for the grace of god….’. Yes, of course, rape and any sexual crime is abusive, and at the same time – so is questional investigation and harmful labelling.

  • Nick

    At a time when the general concern of equality-minded people should be looking at the decline of men in higher education the focus becomes a skewed, biased and flawed hysteria driven campaign against men in education. Interesting.

  • Nick

    Thank you Dan. The more I read the more I am convinced that feminist ideology is largely driven today by individuals with a narcisstic personality disorder.

    The response from the NUS in that previous article is disturbing but similiar to a response I received about 10 years ago when I naively emailed asking if they had any programme supporting male issues which as a student I was interested in.

    Unfortunately these people do not conceive men as thinking-feeling individuals with specific and legitimate human needs. It is quite astonishing.

  • http://JohnAllman.UK John Allman

    I think I have the solution both to the rape culture and to the rape culture culture. Abolish the criminal offence of rape. It is not needed.

    Abolish rape!
    https://johnallmanuk.wordpress.com/2015/03/07/abolish-rape/

  • http://redpilluk.co.uk William Collins

    Oh, it will get much worse yet. We will shortly see the introduction of so-called sex and relationship education (SRE) in primary schools. This will be the cloak for the training of young boys as “confident feminists”, as Yvette Cooper has promised. They will be taught that masculine sexuality is wicked before they even have any idea what sexuality is. It’s a brilliant ploy. It guarantees that when the hormones start flowing later, boys will be horrified to find that they really are turning into the monsters they were warned about. The ensuing guilt will then power the shaming tactics which women will use to control them. I predict a sharp increase in the late-teen suicide rate of males starting in about 8 years time as a result of the self-loathing induced by the conviction of their own intrinsic nastiness. Many of those who do not kill themselves will join the ever increasing sexodus, being utterly terrified of approaching a female – and with good reason. And as this happens, the chorus of female victimhood will simply intensify in proportion to the escalating male oppression.

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