Tag Archives: Rape

News

Obama tries to block execution of convicted Mexican rapist and murderer

2 Comments

Barack Obama is trying to block Texas from executing a convicted rapist and murderer, who also happens to be an illegal immigrant.

Excerpt:

President Barack Obama is attempting to block the execution in Texas on Thursday of a Mexican man because it would breach an international convention and do “irreparable harm” to US interests.

The White House has asked the US supreme court to put the execution of Humberto Leal Garcia on hold while Congress passes a law that would prevent the convicted rapist and murderer from being put to death along with dozens of other foreign nationals who were denied proper access to diplomatic representation before trials for capital crimes.

[…]Leal, 38, was convicted in 1994 of the rape and murder of a 16-year-old girl in San Antonio. Few question that he was responsible for the killing but the Texas authorities failed to tell Leal, who was born in Mexico and has lived in the US since the age of two, that under the Vienna convention he was entitled to contact the Mexican consulate when he was arrested.

Leal’s lawyers argue that the lack of consular access played a role in the death penalty being applied because the Mexican national incriminated himself in statements made during “non-custodial interviews” with the police on the day of the murder. Had Leal had access to the Mexican consulate it would have been likely to have arranged a lawyer who would have advised the accused man to limit his statements to the police. As it was, the Mexican authorities were never informed of his arrest.

Obama had the reputation for being soft on crime and criminals going as far back as his days as a state senator.

Excerpt:

As a state senator, Obama has been no defender of the unalienable right to life. He twice voted against bills prohibiting tax funding of abortions. In April 2002, he voted against a bill to protect babies born alive after a failed abortion procedure. A similar federal law passed later that year. In 1997, Obama twice voted “present” on an Illinois partial-birth abortion ban. He absented himself from a third vote on the measure. In 2001, he voted “present” on a bill to notify parents when their minor children seek an abortion. He also voted against a cloning ban in 2000, although he voted for it in 2001. In 1999, Obama voted against requiring school boards to put Internet pornography filters on school computers meant for students’ use. In 2001, he voted “present” on a bill to keep pornographic book and video stores and strip clubs from setting up within 1,000 feet of schools and churches. In 2003, he voted in the Health and Human Services Committee for a bill requiring “age appropriate” sex-education for students in kindergarten through fifth grade.

Despite his talk of promoting reading among inner-city youth, Obama has repeatedly opposed bills designed to promote discipline in public schools. In 2001, he twice voted “no” on a bill to let school districts require unruly students to complete suspensions before they can be shuffled into a new school district. He voted “present” on an almost unanimously passed bill requiring adult prosecution for students who fire guns on school grounds. Obama has been markedly soft on crime. In 2001, he voted against a bill that added extra penalties for crimes committed in furtherance of gang activities. He also voted against a bill making it a criminal offense for accused gang members, free on bond or on probation, to associate with known gang members. In 1999, he was the only state senator to vote against a bill prohibiting early prison release for criminal sexual abusers.

That article was written in 2004. He hasn’t changed a bit.

Commentary

Christina Hoff Sommers takes on sexual harassment hysteria on campus

3 Comments
Christina Hoff Sommers
Christina Hoff Sommers

Christina Hoff Sommers writes about feminism gone wild in the Chronicle of Higher Education.

Excerpt:

American courts take exacting precautions to avoid convicting an innocent person of a crime. It was therefore startling to read the April 4, 2011, directive on sexual violence sent by the U.S. Department of Education’s assistant secretary for civil rights, Russlynn H. Ali, to college officials across the country. In an effort to make campuses safe and equitable for women, Ali, with the full support of her department, advocates procedures that are unjust to men.

[…]Marching under the banner of Title IX and freed of high standards of proof, campus disciplinary committees, once relatively weak and feckless, will be transformed into powerful instruments of gender justice. At least, that is the fantasy. But here is the reality: Campus disciplinary committees—often a casual mix of professors, students, and an assistant dean or two—are well suited to resolving cases involving purported plagiarism and cheating, and violations of college rules on drugs and alcohol. But no one considers them prepared to adjudicate murder, arson, or kidnapping cases, or criminal assault. They lack the training and the resources to investigate and adjudicate felonies. So why are they expected to determine guilt or innocence in cases of rape?

As with murder and arson, serious charges of sexual assault should be left to the police and the courts. The Department of Education should not pressure universities to enact a system whereby a student can be found guilty of a major crime by a mere preponderance of evidence.

[…]Being a victim of rape is uniquely horrific, but being accused of rape is not far behind. If the person is guilty, then the suffering is deserved. But what if he is innocent? To be found guilty of rape by a campus tribunal can mean both expulsion and a career-destroying black mark on your permanent record. Such occurrences could become routine under the Ali dispensation.

So why is Ali taking such draconian measures? Because she asserts that rape on campuses has reached epidemic levels, citing a study that states that 19 percent, or almost one in five women, will be a victim of assault or attempted assault during their college years.

But is that figure accurate or even plausible? Research on sexual assault is notoriously hard to conduct, and the studies are wildly inconsistent. A 2003 Bureau of Justice Statistics special report, “Violent Victimization of College Students, 1995-2002,” found that among the nation’s nearly four million female college students, there were six rapes or sexual assaults per thousand per year during the years surveyed. That comes to one victim in 40 students during four years of college—too many, of course, but vastly fewer than Ali’s one in five.

The study cited by Ali used an online survey, conducted under a grant from the Justice Department, in which college women were asked about their sexual experiences, on campus and off, and the researchers—not the women themselves—decided whether they had been assaulted. The researchers employed an expansive definition of sexual assault that included “forced kissing” and even “attempted” forced kissing. The survey also asked subjects if they had sexual contact with someone when they were unable to give consent because they were drunk. A “yes” answer was automatically counted as a rape or assault. According to the authors, “an intoxicated person cannot legally consent to sexual contact.”

Surely, reasonable people can disagree on that: If sexual intimacy under the influence of alcohol is by definition assault, then a significant percentage of sexual intercourse throughout the world and down the ages qualifies as crime.

The Justice Department stamped a disclaimer on every page of the survey report, advising that it is not a publication of the Justice Department and does not necessarily reflect its positions or policies. Ali, however, treats it as an official government finding and ignores the controversies and ambiguities surrounding her “one in five” figure.

I’m a huge fan of Christina Hoff Sommers. I really recommend her book “The War Against Boys”. Must-reading for any parent. The article notes in the author bio that she is working on an updated version of that book, and you can bet this topic will be covered.

News

Obama administration paves way for false sexual harassment charges

1 Comment

Famous conservative professor Mike Adams explains the problem at Townhall.

Excerpt:

[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.

Excerpt:

“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.

If you would like to get an idea of how false rape accusations are handled by the police, here is an example. Here’s a very recent example.

Related posts