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

 Cathy Young is a notorious anti-feminist with whom I've had past - um - 
disagreements.

Duke deserves credit for taking a leadership position on this issue and 
rethinking the rule of its university - especially re: consent and Young is a 
nitwit for comparing the Duke Lacrosse situation to these new ideas unless 
she knows something the rest of us don't about the defense in that case.  Was 
it consent???? When did that come out??

The most important thing to remember about the infamous rape charges is that 
the file remains a secret.  There is absolutely no justification for not 
releasing the entire file so the whole world can see the truth.  If it was a 
lie - all the more reason to reveal the entire file so we can make sure it 
doesn't happen again.  But remember:  The victim said she was raped by a 
broomstick or object - and she was threatened with a broomstick - and a 
broomstick was seized as evidence and tested but none of the results have 
been released to the public.  If she was raped with a borrmstick, there would 
have been no DNA in her body - which is what those tests showed (alongside 
the presence of other male DNA which the forensic expert said was not 
revealed initially in the case NOT because the D.A. is unethical but because 
the samples were old and degraded - so she was apparently sexually active - 
and old and degraded DNA has nothing to do with the issues in dispute in the 
case).

Moreover - there were many many witness statements in the case - and NONE 
have been released.  If it was all a big lie - the key witnesses should be 
able to reveal the truth.  But we haven't even been entitled to see the 
victim's statement.  Why not? Even if SOME of the file should remain 
confidential - there is no reason not to release the eyewitness statements - 
and the DNA and other test results performed on the seized broomstick.

The victim was offered 2 million dollars to recant - after which - she hired 
a very fancy lawyer from Florida who to this day refuses to say what he did 
for her.  But thereafter - the case went south.  And when Nifong was 
prosecuted and lost his license, some wondered why the victim didn't suffer 
AT ALL.  Nifong couldn't have done anything without her evidence and 
testimony.  But two of the accused mens' parents said publicly that she did 
not deserve punishment.  Hmmm.  None of the law enforcement officials on the 
team that decided to prosecute has ever changed their positions or said that 
Nifong was wrong - etc.  None of them.  The cops and forensic experts and 
investigators who, together, made the decision to prosecute - have not 
retracted their positions.

If the files could just be released - the public would know the truth.  The 
fact that the files are still being kept secret is extraordinary - especially 
considering that - the defense selectively leaked snippets of things to 
certain media when they wanted to - but according to one AP reporter - 
refused to release over 1200 documents. 

As for Cathy Young - suffice it to say - her argument that "affirmative 
consent" infantalizes women is a rather uninspired statement given that the 
word "affirmative" adds very little to the concept of consent.  In fact, I 
think it's a dumb idea because as a modifier - it will be used to blaem women 
for not being "affirmative" enough in their expression of consent.  The key 
is not to keep modifying the TYPE of consent but to, instead - compare it to 
the idea of free will - that is, consent should be "knowing, intelligent and 
voluntary" - not "affirmative".  Still - I can see where Duke was trying to 
go and Young's criticism is both too much and not enough.  The point is not 
to demand that people say "may I touch your breast please" but rather - to 
burden the harmdoer with the risk.  Maybe lack of clarity means consent - but 
the harmdoer has to choose whether to act - which choice assumes the risk he 
might be wrong.  To endorse any other standard (such as those that apply in 
most university AND real world settings) is to allow "a little bit of rape" 
in exchange for not burdening the offender with restraint when in doubt.  
Considering that a fundamental right of autonomy and bodily integrity is at 
stake for the victim - and only a lost erection is at stake for the offender 
- the obvious preferred policy is one that commands restraint.

Also - requiring more collective responsibility - and action on the part of 
the university even if the victim doesn't want to proceed - makes a lot of 
sense if only to prevent terroristic silencing tactics.  If the victim must 
CHOOSE whether to proceed with a disciplinary sanction - the perpetrator can 
threaten, coerce and even PAY money to make the whole thing go away - which 
is a system of indulging certain types of males with the freedom to rape with 
impunity - while also incentivizing violence and post-event threats.  All 
these things should be deterred, not rewarded - and Duke's new policy sends 
that message.  

wendy murphy

 
 


 

 

-----Original Message-----
From: 

To: 

Sent: Thu, Apr 15, 2010 9:04 am
Subject: SAPC Digest, Vol 1417, Issue 1


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Today's Topics:

   1. Boston Globe Op-Ed on Duke's Sexual Misconduct Policy
      (Beth-Anne Vieira)
   2. Re: Boston Globe Op-Ed on Duke's Sexual Misconduct Policy
      (Michael Domitrz)


----------------------------------------------------------------------

Message: 1
Date: Wed, 14 Apr 2010 23:03:25 -0400 (EDT)
From: Beth-Anne Vieira 
<>
Subject: Boston Globe Op-Ed on Duke's Sexual Misconduct Policy
To: 

Message-ID:
    
<>
Content-Type: text/plain; charset=utf-8

I don't agree with the author on most points, but it could be a good 
conversation starter. (Can't wait to read Wendy Murphy's response to this!) 

http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/04/14/dukes_sexist_sexual_misconduct_policy/
 


-- 
Beth-Anne Vieira, MPH 
Coordinator, Health Education & Promotion 
University of Massachusetts Dartmouth 
p: 508.910.6965 
e: 

 
w: http://www.umassd.edu/livewell ;

Please visit our webpage for additional contact information. 


------------------------------

Message: 2
Date: Thu, 15 Apr 2010 07:40:07 -0500
From: Michael Domitrz 
<>
Subject: Re: Boston Globe Op-Ed on Duke's Sexual Misconduct Policy
To: SAPC 
<>
Message-ID:
    
<>
Content-Type: text/plain; charset=US-ASCII; format=flowed; delsp=yes

The key is going to be how Duke TEACHES the concepts and beliefs of  
the policy AND enforces the policy. To create a policy is one step.   
To create a healthy culture on your campus is a much bigger challenge  
to take on.

Mike Domitrz
Founder of The Date Safe Project, Inc.
Author of "May I Kiss You?" and "Help! My Teen Is Dating"

Toll-Free:  800-329-9390
E-mail:  

Website: http://www.DateSafeProject.org

=====================================
VISIT http://www.DateSafeProject.org to find helpful and thought- ;
provoking resources for discussing dating, intimacy, bystander  
intervention, and sexual assault.
=====================================









On Apr 14, 2010, at 10:03 PM, Beth-Anne Vieira wrote:

I don't agree with the author on most points, but it could be a good  
conversation starter. (Can't wait to read Wendy Murphy's response to  
this!)

http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/04/14/dukes_sexist_sexual_misconduct_policy/

-- 
Beth-Anne Vieira, MPH
Coordinator, Health Education & Promotion
University of Massachusetts Dartmouth
p: 508.910.6965
e: 

w: http://www.umassd.edu/livewell

Please visit our webpage for additional contact information.
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End of SAPC Digest, Vol 1417, Issue 1
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