Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["William O'Donohue, Ph.D." <>]

Wendy,

Interesting. How do you give schools the legal
incentive to do the right thing?

Bill
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>    1. Re: SAPC Digest, Vol 861, Issue 1 - re:
> conviction rates
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> Message: 1
> Date: Sun, 11 Nov 2007 12:27:39 -0500
> From: 
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> Subject: Re: SAPC Digest, Vol 861, Issue 1 - re:
> conviction rates
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>  
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> I agree with Marilyn -- and emphasize? a few points:
> 
> 1.? i often hear people say that wanting to "lock
> up" a rapist sounds fascist and that locking people
> up isn't the key to prevention, etc -- and I
> understand this.? but while locking people up isn't
> the ONLY solution - it is certainly part of the
> solution -- and it isn't fascist to say so.? when i
> teach this idea, i say "i dont' want the government
> (or in this case - university officials -- ) to have
> more power -- i just want the power they already
> have to be used fairly.? This isn't fascism - it's
> egalitarianism -- and it's important because when
> punishments are doled out in a manner that implies
> violence against women is less harmful than theft of
> property -- social hierarchies are legitimized.? In
> other words -- if, in the name of justice, the going
> rate for rape is probation - while the going rate
> for theft is 2 years incarceration -- the law has
> just endorsed the idea that ownership of stuff is
> more important than women's freedom, autonomy and
> bodily integrity. Even if t
>  his is a reflection of how people in fact think in
> teh real world -- the rules (of law or campus
> policy) should be better than the real world -- or
> as i write in my new book "justice should be better
> than capitalism".
> 
> 1.? reporting rates are low for many reasons --
> thus, it seems to me the solutions should be
> directed at each reason. 
> 
> for example -- one reason is --? women don't report
> because they fear retaliation and social isolation--
>  
> the obvious solution to this problem is - increasing
> effectiveness and enforcement of rules that prohibit
> retaliation 
> 
> another reason is -- women are fearful of being
> blamed and often aren't even sure the conduct WAS
> rape -- usually because the victim was drinking - 
> the obvious solution is -- massive repetitive
> training about the nature of unwanted sex -- and the
> role of alcohol in the equation of determining
> responsibility.? as i said in an earlier post -- in
> the real world and on campus, the message is clear
> that if a victdim is intoxicated, she bears some of
> the blame.? this message has got to be turned around
> to a "buyer beware" idea -- such that the potential
> offender -- male or female - knows that THEY bear
> the risk of getting in trouble if they have sex with
> an incapacitated other.? Taking advantage of a
> vulnerable individual should not be the accepted
> norm - it should be the scandalized "bad" behavior
> -- and colleges can help create this mindset.? Even
> bumper stickers themes can help promote the idea in
> the context of sexual violence that if a victim is
> drunk - "intoxication will be seen as a
> vulnerability not a liability" -- 
> 
> i could go on with the reasons and proposed remedies
> -- but? marilyn's point is crucial -- that the
> culture has to create a sense that reporting is a
> good thing to do and that there will be a swift and
> certain reaction from responsible officials.
> 
> my work is partly aimed at giving schools a legal
> incentive to do the right thing -- because for too
> long - schools have feared legal action from the
> accused student -- but the trend is clearly in the
> opposite direction.? Student victims have a much
> firmer legal leg to stand on when the response is
> inadequate - primarily because being sexually
> assaulted on campus raises civil rights (and thus
> serious liability) issues for teh school -- being
> accused of sexual assault on campus does not.
> 
> wendy murphy
> 
> 
> 
> 
> 
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> End of SAPC Digest, Vol 862, Issue 1
> ************************************
> 


William O'Donohue, Ph.D.
Department of Psychology
University of Nevada, Reno
Reno, NV 89557
775 682 9313 (O)
775 826 3311 ext 102 (O)
775 826 3321 (F)
775 750 6082 (C)