Combating bias is necessary in fight against sexual misconduct
September 14, 2017
I do not consider myself a pundit on the inner workings of politics, nor do I consider myself an expert on the way education should be handled, though I do have many strong opinions on the matter. But I knew from the start that Betsy DeVos would be detrimental for students and parents across the nation, regardless of race or socioeconomic class or religion or any of those labels that we place on ourselves. I do not support her in her role as Secretary of Education.
But when it comes to the “Dear Colleague Letter,” she has a point.
Some may not have heard of the “Dear Colleague Letter,” (DCL) but we have seen its effects in organizations such as Speak Up!, ‘Ray Consent, as well as in anti-sexual assault and bystander fliers in the bathrooms and on the walls. The DCL aimed to keep universities and colleges across the nation accountable for sexual assault cases, or else lose funding. But, our Secretary of Education wants to revoke this letter, claiming that it does not reflect the current reality of college campuses. It is DeVos’s view that the letter barely passes in its attempt to give more of a voice to victims and it utterly fails in giving the accused a voice. In response, President John Bravman sent out an email to all University students responding to Secretary DeVos’s statement last Thursday.
Perhaps some ignored the email. Some probably skimmed over it briefly. That’s fine— it was Friday afternoon, after all. In his email, President Bravman denounced Secretary DeVos’ intentions to rescind the DCL, upholding Bucknell’s policy on sexual assault on campus.
I have read the “Dear Colleague Letter.” I have also read the transcript of Betsy DeVos’s speech. I have attended the orientations such as Speak Up!. I have heard firsthand stories of people who have been sexually assaulted by people who they thought they loved— and assaulted at a far younger age than anyone on this campus. I have sifted through data spanning from 1995 to 2016. And I, personally, have come to a conclusion: We have a bias towards the victims when it comes to sexual assault, especially female victims.
During the Speak Up! orientation program, we were asked:“True or False: false accusations of sexual assault are prevalent,” or something of that matter. I said true: people can accuse individuals, of sexually assaulting them and can ruin (perhaps intentionally) the lives of the falsely accused.
The slide said false, with some data from more than five years ago. The presenter then spoke to me and said that victims are hurt by sexual assault too. I wanted right then and there to say, “I know, I’ve heard them talk to me, I’ve watched them cry as they recalled repressed memories,” but at the moment I was too frustrated to say anything. I regret that now.
For too long we have been ignoring the victims of sexual assault in America, and only recently have their stories been given more ground in the justice system. But as an unintended result of giving the survivors of sexual assault a voice, I think we have also given the means for people to ruin the lives of significant others, co-workers, bosses— anyone whom they dislike or hate in some way. The truth is that some people are accused of sexual assault with little to no evidence of the matter and that can ruin their lives just as sexual assault can ruin the lives of survivors. But it must be noted that false reporting does happen far less than actual instances of rape do, with only two to ten percent of all reported cases being proven to be false claims.
I believe that in attempting to give the accused a stronger voice, we run into the same problem that plagued sexually assaulted victims in the past— being accused of “deserving it,” “wanting it,” or simply accusing out of spite. Does that further reduce the chances of victims speaking up and reporting instances of sexual assault?
This issue should be decided by people who are much more intelligent and knowledgeable about the justice system than I am, but it should also be decided by people who can see the argument on both sides.
The DCL should not be revoked, but it should be looked at and revised as any piece of legislation should be. Perhaps it worked in 2011, but I think it needs to be changed in 2017.
Concerned • Sep 15, 2017 at 4:40 pm
According to the FBI, less than 2 percent of cases involving sexual assault or rape are falsely reported. To argue otherwise just perpetuates rape culture, and minimalizes the impact said violence has on our society.
Curious as to what data you have ‘sifted through.’
Alisha 'Gryff' Griffin • Sep 20, 2017 at 1:57 pm
Hello there! I probably should have gotten to you sooner, but the links I used while writing this are below. There’s a lot, so sorry if it just looks like a wall of mindless text and dashes!
I understand what you mean by perpetuating rape culture; to argue that every single report is potentially false is harmful to those still too afraid of even reporting. But, it is important to realize that false,unfounded reports do happen and are harmful to the falsely accused. Not to the severity of sexual assualt mind you, but it is still a problem that should be diminished if we want to punish the truely guilty. However, I’m not arguing that ‘EVERY RAPE VICTIM IS A LYING SLUT’ as some people might. But it does happen. I want to enforce the ‘innocent until proven guilty’ doctrine that is the backbone of our legal structure even in cases like this, but in cases where the victim is still alive (as opposed to murder), it is very touchy. But still, a lot of people don’t even report sexual assault, especially when it happens to them when they’re young. It is still a problem.
Would you care to respond with where you got your data as well? I found something similar (it’s below) but a lot of the data was rather (1990s, early 2000s) and I couldn’t confirm much fluctation since then. Thank you for responding. I know you disagreed with me, but I really appreciate this!
https://www.rainn.org/statistics/campus-sexual-violence
https://www.washingtonpost.com/news/grade-point/wp/2017/09/07/transcript-betsy-devoss-remarks-on-campus-sexual-assault/?tid=a_inl&utm_term=.3c9b65c24bf2
https://www.bjs.gov/content/pub/pdf/ccsvsftr.pdf%5D
https://www2.ed.gov/print/about/offices/list/ocr/letters/colleague-201104.html
https://www.bjs.gov/content/pub/pdf/rsavcaf9513.pdf
https://www.ncjrs.gov/pdffiles1/nij/grants/237582.pdf
https://qz.com/980766/the-truth-about-false-rape-accusations/
http://webarchive.nationalarchives.gov.uk/20100408125722/http://www.homeoffice.gov.uk/rds/pdfs05/hors293.pdf
https://www.washingtonpost.com/opinions/betsy-devoss-remarks-on-campus-sex-assault-were-right-on-target/2017/09/08/e6dc7418-940f-11e7-8754-d478688d23b4_story.html?tid=hybrid_collaborative_2_na&utm_term=.d03ff2cbd6c3
https://www.nytimes.com/2017/07/12/us/politics/campus-rape-betsy-devos-title-iv-education-trump-candice-jackson.html?mcubz=0
https://www.insidehighered.com/quicktakes/2016/01/21/justice-department-1-5-women-sexually-assaulted-college
https://www.washingtonpost.com/opinions/betsy-devos-could-change-sexual-assault-policy-for-the-better/2017/09/08/893adc04-94ce-11e7-89fa-bb822a46da5b_story.html?tid=hybrid_collaborative_1_na&utm_term=.836a31838995
Alisha 'Gryff' Griffin • Sep 20, 2017 at 2:06 pm
Also, ‘sifted through’ is really shitty word choice on my part.
Actually • Sep 15, 2017 at 4:25 pm
In reality, the 2-10% you’re referencing includes proven false AND unfounded reports. That means whether they could prove the alleged assault false or could not due to insufficient evidence. This makes 90-98% of allegations proven. I believe this central “proof” to your argument here is misleading. Also, equating ruining the lives of the accused to those of survivors is absolutely ludicrous. I wouldn’t call most of the accused lives ruined and those are just the accused not to mention people like Brock Turner who did “time” for what they did. He’s doing just fine. Thank you for sharing your opinion, I hope your position grows to include a full understanding of the truth and not just your interpretation of it.
Alisha 'Gryff' Griffin • Sep 20, 2017 at 1:55 pm
Hello!
I understand that my equation was probably one of the stupidest things I’ve said so far. Sexual assault is incredibly traumatizing to the victim. I never wanted to diminish this, but it seems that my wording disagrees with me. I apologize for not writing clearer on that.
My main argument was towards unfounded, false claims, as you pointed out. It is those that harm the accused, rather than cases such as Brock Turner, where he without a doubt did it and ruined a woman’s life. I have no sympathy towards people like him. I do have sympathy towards people who, despite evidence to the contrary, were falsely accused of sexual assault. It is a small number, and I hope a shrinking number. I want the true perpatrators to be jailed.
Thank you for your response. I appreciate it.