Monday, December 1, 2014

When it comes to rape claims, feminists say campus 'justice' is superior to real justice because due process doesn't get in the way

This is a golden era for feminist campus rape crusaders. They are emboldened by the Department of Education's campus witch hunt that puts every college man accused of sexual misconduct at grave risk. They are building an empire of their own on campus -- a parallel justice system to exact their own version justice on young men accused of rape, even when there is serious -- not to mention reasonable -- doubt about their guilt.

Caroline Heldman and Baillee Brown explain why campus kangaroo justice is superior to real justice: "Law enforcement is not a viable solution to campus rape because police do a terrible job of holding rapists accountable," they cluck. What evidence do they cite to support this epiphany? A graphic that suggests every single report of rape is an actual rape. Then they take this bloated figure and tack onto it supposed unreported rapes (how they can come up with a number for those is anyone's guess -- apparently every unreported assertion of rape they can dig up, untested against competing claims of innocence, gets counted as an actual rape).

That, alone, renders their "analysis" unworthy of serious consideration.

Their real beef with the criminal justice system? That awful due process nonsense, of course. They write: "Law enforcement is hampered in prosecuting rape because this crime is rarely witnessed by a third party. Plus, physical evidence may look similar to consensual sex, the standard of reasonable doubt is high (approximately 95 percent certainty) and, in most states, the burden of proof is on the survivor to prove s/he was raped instead of the defendant proving that s/he obtained consent."

Of course, they have it exactly backwards: the absence of evidence to prove any offense is a sound reason to be wary about finding presumptively innocent persons guilty of it, not a valid justification to make it easier to punish for it. They blink at the fact that making it easy to find guilt in murky cases increases the risk of punishing the innocent for offenses they didn't commit.  Sadly, they seem to discount the possibility that some young men might actually be innocent.

On NPR, Tovia Smith said that "victims" choose campus "justice" because "they see the criminal justice system as more grueling and potentially re-traumatizing. And not only is it harder to go through, but it's also harder to win in court where, you know, a case has to be proven beyond a reasonable doubt. On campus, the standard of proof is much lower."

There you have it. That reeking due process crap is what stands in the way of feminist justice. Thank goodness that the Department of Education has removed any vestige of that on campus, at least when it comes to men accused of sex offenses.