Sunday, December 14, 2014

How to Handle a Campus Rape Complaint

Note: a version of these suggestions were originally posted by me here:  http://chronicle.com/article/Study-Challenges-Notion-That/150817/

This is a suggested approach for colleges and universities handling rape accusations, when both the accuser and accused are students at the college or university.

(1) The default assumption should be that the victim is telling the truth and needs to be protected and handled with care.

(2) The police are the best ones to handle rape complaints. Police don't do everything perfectly, but they've had training in investigations in a way that college administrators, staff, and professors haven't.

(3) The 6th Amendment rights of the accused need to be protected. People are innocent until proven guilty. 

(4) Yes, some victims may not be entirely truthful, but that shouldn't be the starting assumption. 

(5) The university should do what it can to keep the accused and accuser physically separate on campus while the police conduct their investigation. Alternative class schedule arrangements should be made. The accuser could be offered the option of having a bodyguard of sorts accompany her around campus. 

(6) The accused should not be suspended or expelled from campus until convicted, or at the least indicted by a grand jury (meaning there's enough evidence to move forward with a case). Maybe suspended with an indictment, and expelled if convicted.

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