Two more students found responsible for sexual assault called me today. No end in sight.
Another survey…guys are surveyed…
http://fivethirtyeight.com/features/what-if-most-campus-rapes-arent-committed-by-serial-rapists/
And another one this afternoon…
@Hanna, what is going on? Are the accused losing more and more?
I can’t know whether more accused are losing, more reports are being filed in the first place, or my reputation is growing. My suspicion is all three, but it’s just a suspicion. The call today interrupted my conversation with a reporter who was interviewing me about my work in this area.
@Hanna, that’s very cool!
@Hanna How would you characterize the cases that come your way? And what interventions if any do you feel might have been effective in preventing some of these incidents?
http://www.sandiegoreader.com/news/2015/jul/13/ticker-judge-says-regret-root-rape-case/#
Another settlement by the courts for the plaintiff who was accused.
[url=<a href=“http://www.washingtonexaminer.com/police-officer-brags-about-circumventing-due-process-in-sexual-assault-cases/article/2567949%5DHere’s%5B/url”>http://www.washingtonexaminer.com/police-officer-brags-about-circumventing-due-process-in-sexual-assault-cases/article/2567949]Here’s[/url] a wrinkle I hadn’t fully considered. The police wait on the sidelines to use information from the campus proceeding, which acts as a proxy to avoid due process rights and access to counsel.
The whole process is screwed up.
@Demosthenes49, if one starts with the belief that anyone accused is likely to be guilty (because so few actual rapes are reported) and is simultaneously frustrated by how hard it is to get rape convictions when someone does come forward (and there is probability a causal effect of a low conviction rate on the low reporting rate), then one might also think that the evisceration of due process is a good thing because it will lead to a higher conviction rate of rapists. [Note: These are not my views, but probably reflect the views of a significant proportion of the folks who have pushed hard for a campus process to go alongside a police investigation].
It appears from some of the articles cited that some school processes are designed to be stacked against the accused (consistent with the view described above). Are the school’s instructions not to talk to other people or consult an attorney driven by the school and not by the school’s Title IX obligations?
Aren’t the campus proceedings secret?
The police aren’t waiting.
“Here’s a wrinkle I hadn’t fully considered. The police wait on the sidelines to use information from the campus proceeding, which acts as a proxy to avoid due process rights and access to counsel.”
Sure. This is obvious to any lawyer. It is all evidence that can be used later. Also note that evidence coming from the accuser and other witnesses can also be used. Which is noteworthy since those witnesses would typically not be subject to cross-examination in the college proceeding.
Ever seen a witness take the 5th while appearing before a Congressional hearing? That happens even though the 5th does not actually apply in that context. It only applies in criminal situations, not other kinds of non-criminal administrative type hearings.
But Congress has long permitted witnesses to take the 5th recognizing that any testimony given to Congress can and would be use-able as evidence in a later criminal prosecution. Which is why testifiers often negotiate criminal immunity deals as a pre-condition to their Congressional appearance.
Name one case where the police waited. What evidence? The hearings are closed and the standards are different.
One thing I like about the police comment is it shows a disrepect for the police with the way the police do their jobs. The victims have been expressing the same concerns. This confirms what the victims have been saying. 
@northwesty, 10 percent of the guys admitted they raped in a recent survey.
If there is any transcript or record of the proceedings, that’s all discoverable evidence. Which is just one more reason why you really have to provide lawyers to the students involved.
Here’s the actual study. http://archpedi.jamanetwork.com/article.aspx?articleid=2375127 It would be great if they could replicate the study in different areas to try and determine if there are prevention strategies already in place that seem to impact the reported incidence rate. This study focused on the south east US.
Why haven’t we heard of somebody’s testimony leading to criminal proceedings?
Do civil proceedings ever lead to criminal proceedings?
Stark – the point is that all these proceedings can flow into each other. So you need to have a lawyer for all of them, not some of them.
The record from the FSU college proceeding involving Jameis Winston can and will be used by both sides in the current civil lawsuit pending against Winston. Anything from the college proceeding or the civil suit could be used for/against Winston in a criminal case. So he needs to be represented in all of those.
For example, Winston might be advised in the civil suit to take the 5th. That would be damaging to his civil case defense, but might be wise from a criminal perspective.
@northwesty, ok. Thanks.
"@northwesty, 10 percent of the guys admitted they raped in a recent survey. "
That number seems to make sense. That study concludes that most campus rapes are not done by serial predators. Instead, rape is something that is done by a college guy a low number of times, often only once.
If that non-serial conclusion is right, then 10.8% for the period from age 14 through the end of college probably lines up with an incidence rate for females in the 2% per year range. Which seems to be what the studies show once you drill down into them.
The conclusion about campus incidents being non-serial acquaintence rapes intuitively seems right to me. A young college guy goes off the rails and does something bad (usually while very drunk). Then learns and grows up and is much less likely to do it again.
Seems like the inexperience of being a freshman makes (i) girls more vulnerable to attack and (ii) guys more likely to go too far.