Famous conservative professor Mike Adams explains the problem at Townhall.
[T]he Department of Education’s Office for Civil Rights (OCR) has announced new guidelines that will force due process to take a back seat to political correctness. These guidelines will apply to sexual harassment and felony sexual assault cases.
[…]According to the new OCR guidelines, any college that accepts federal funding or federal student loans (close to 100% of our nation’s colleges) must now employ a “preponderance of the evidence” standard of proof in sexual harassment and sexual assault cases. This lowered standard replaces the traditionally accepted standard of proof beyond a reasonable doubt, which, according to most triers of fact, is close to 100% confidence of guilt. In contrast, “preponderance of evidence” means the campus judiciary only needs to be 50.01% confident that a person is guilty of a given offense – even if that offense is rape, which, regardless of degree, is always a serious felony.
This mandate from the federal government will have profound real-life costs for real students. If we learned anything from the infamous Duke Lacrosse case it is this: Academia is quick to blame people for creating a “rape culture” on campus and slow to take responsibility for false accusations.
Unfortunately, Duke was not an isolated case. At Stanford, student jurors in sexual misconduct cases are actually given “training materials” that say things like, “Everyone should be very, very cautious in accepting a man’s claim that he has been wrongly accused of abuse or violence” and “An abuser almost never ‘seems like the type.'”
In other words, even highly respected universities like Stanford try to create unfair and partial juries prior to rape adjudications – in clear violation of the spirit of the 6th Amendment (Do you remember when liberals cared about the “spirit of the law”?). Adding a mere “preponderance” standard to such a toxic environment would be a recipe for disaster – disaster in the form of wrongful felony convictions.
The OCR mandates are not merely confined to actions. They apply to students’ speech, too. Columbia University already lists “love letters” as a form of sexual harassment. The University of California, Santa Cruz, classifies using “terms of endearment” as sexual harassment. (Who could have ever imagined that one could be endeared and harassed at the same time?). At Yale, “unspoken sexual innuendo such as voice inflection” is considered sexual harassment. The absurdities are seemingly endless in 21st Century “hire” education.
Studies have shown that the number of false rape accusations is near 50%.
Here’s a Fox News article from a prominent equity feminist, Wendy McElroy.
“Forty-one percent of all reports are false.”
This claim comes from a study conducted by Eugene J. Kanin of Purdue University. Kanin examined 109 rape complaints registered in a Midwestern city from 1978 to 1987.
Of these, 45 were ultimately classified by the police as “false.” Also based on police records, Kanin determined that 50 percent of the rapes reported at two major universities were “false.”
Although Kanin offers solid research, I would need to see more studies with different populations before accepting the figure of 50 percent as prevalent; to me, the figure seems high.
But even a skeptic like me must credit a DNA exclusion rate of 20 percent that remained constant over several years when conducted by FBI labs. This is especially true when 20 percent more were found to be questionable.
False accusations are not rare. They are common.
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- Woman recants false rape charge, freeing man after 3 years in prison
- Woman who made false rape accusation gets zero jail time
- UK woman makes EIGHT false rape accusations and gets no jail time
- New research shows that drug-facilitated “date rape” is a myth
- Lehigh University student could stand trial for false rape accusation
- Are women held to a different standard than men under the law?
- No charges planned for accuser in Hofstra rape hoax
- How feminism destroyed free speech on university campuses