
So I was talking to an attorney earlier this week. The conversation shifted - lurched - from a generic "how-are-you-doing?-how's-the-family-how-ya-likin'-your-new-office-manager?" to "Why I no longer practice family law...."
Defeating Feminism by Revealing Feminism.
"If anyone is prosecuted for filing a false report, then victims of real attacks will be less likely to report them."
Men who are unjustly accused of rape can sometimes gain from the experience."
This is yet another feminist legal innovation and a repudiation of all that is good and right and fair about Western jurisprudence: in order to commit a crime, it has traditionally been required that one possess the mens rea - guilty mind or knowledge that one is doing wrong - of a crime. Feminists would rather just have all men be known as rapists, so now it is necessary to define rape in such a way that one isn't aware one is committing it.... [ed.]
DURHAM, N.C., April 7, 2010—Duke University has instituted a new "sexual misconduct" policy that can render a student guilty of non-consensual sex simply because he or she is considered "powerful" on campus. The policy claims that "perceived power differentials may create an unintentional atmosphere of coercion." Duke's new policy transforms students of both sexes into unwitting rapists simply because of the "atmosphere" or because one or more students are "intoxicated," no matter the degree. The policy also establishes unfair rules for judging sexual misconduct accusations. The Foundation for Individual Rights in Education (FIRE) is challenging the policy.
"Duke's new sexual misconduct policy could have been written by Mike Nifong," said FIRE Vice President Robert Shibley. "Members of the men's basketball team could be punished for consensual sexual activity simply because they are 'perceived' as more powerful than other students after winning the national championship. Students who engage in sexual behavior after a few beers could be found guilty of sexual misconduct towards each other. This is not just illogical and impractical, but insane. Given its experience during the lacrosse team rape hoax, Duke, of all schools, should know better than to institute such unjust rules about sexual misconduct."
The new policy was introduced at the beginning of the school year with fanfare from the Duke Women's Center—the same center that apologized for excluding pro-life students from event space in a case FIRE won last month. Women's Center Director Ada Gregory was quoted in Duke's student newspaper The Chronicle justifying the new policy, saying, "The higher [the] IQ, the more manipulative they are, the more cunning they are ... imagine the sex offenders we have here at Duke—cream of the crop." (In a follow-up letter to The Chronicle, Gregory claimed that the quote was inaccurate and did not reflect her views, but stood by her analysis that campuses like Duke are likely to harbor smarter sex offenders who are better able to outwit investigators.)
Duke's vastly overbroad definition of non-consensual sex puts nearly every student at risk of being found guilty of sexual misconduct. Students are said to be able to unintentionally coerce others into sexual activity through "perceived power differentials," which could include otherwise unremarkable and consensual liaisons between a varsity athlete and an average student, a senior and a freshman, or a student government member and a non-member.
Further, students are said to be unable to consent to sexual behavior when "intoxicated," regardless of their level of intoxication. Duke has turned mutually consensual sexual conduct, which might merely be poorly considered, into a punishable act. Adding to the confusion, if both parties are intoxicated at all, both are guilty of sexual misconduct, since neither can officially give consent. North Carolina law does not support this definition of consent.
"Of course, there is no way that everyone who was intoxicated during sexual activity, let alone 'perceived' as more powerful, is going to be charged with sexual misconduct," said Adam Kissel, Director of FIRE's Individual Rights Defense Program. "Add to that the provision about an unintentional atmosphere of coercion, and anyone can see that Duke's policy is impossible to rationalize or to fairly and equitably enforce. As a result, this policy effectively trivializes real sexual misconduct, which is a gravely serious crime."
The new policy even makes reporting of so-called sexual misconduct mandatory for any Duke employee who becomes aware of it, regardless of the wishes of the alleged victim.
Furthermore, Duke has made fair enforcement of the sexual misconduct policy even more difficult by establishing different procedures and even a different "jury" to judge sexual misconduct complaints. For instance, sexual misconduct charges are judged by two faculty or staff members and only one student, but all other offenses are judged by a panel of three students and two faculty or staff members. Duke fails to explain why a jury with a majority of one's peers is necessary for charges like assault or theft but not sexual misconduct.
Other problems in the sexual misconduct policy, detailed in FIRE's letter to Duke President Richard Brodhead of March 4, include giving the complainant more rights than the accused, requiring the results of a hearing to be kept secret in perpetuity even if one is found not guilty or is falsely accused, and allowing anonymous and third-party reporting so that the student may never be able to face his or her accuser.
FIRE wrote, "As a private university, Duke is not obliged to agree with the authors of the Bill of Rights about the value of the right to face one's accuser. Nevertheless, Duke ignores their wisdom at the peril of its own students and reputation." Duke has declined to respond to FIRE's letter in writing.
"More than any other school in the nation," Shibley said, "Duke should be aware that its students deserve the best possible rules and procedures for ensuring that rape and sexual misconduct charges are judged fairly. Sexual misconduct is a serious offense. Duke students deserve a policy under which true offenders will be punished but the innocent have nothing to fear."
FIRE is a nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, due process, freedom of expression, academic freedom, and rights of conscience at our nation's colleges and universities. FIRE's efforts to preserve liberty on campuses across America can be viewed at thefire.org.
A false accusation of abuse is abuse. Victoria Douglas should be spending years in jail for what she has done to Rodd Sutton and his daughter.
"I would hope that a wise Latina woman with the richness of her experiences would, more often than not, reach a better conclusion."
Sotomayor and a colleague upheld the lower court’s ruling, writing that “the alleged reliance of Deskovic’s attorney on verbal misinformation from the court clerk constitutes excusable neglect that does not rise to the level of an extraordinary circumstance. Similarly, we are not persuaded that equitable tolling is appropriate based upon Deskovic’s contentions that the four-day delay did not prejudice respondent, petitioner himself did not create the delay, his situation is unique and his petition has substantive merit.”
A second appeal to her court resulted in the same decision, and the U.S. Supreme Court refused to hear my case. I remained in prison for six more years, with no appeals left....
After six years, Deskovic obtained representation again, that attorney once again investigated the DNA evidence and found a match in a national DNA database. Deskovic, after serving 16 years total (and six years after experiencing the empathy of a Wise Latina Woman) was released. Today, he is an activist for victims of false imprisonment.
Learn the lesson: The much-vaunted "empathy" sought by Barack Obama, and located in Sonia Sotmayor, is not an empathy that focuses on entering into human suffering in order to ensure that proper and moral legal decisions are made resulting in some close approximation of justice. It is rather a politically-correct narrowmindedness which, freed from the constraints of morality, logic, reason, and law will consistently grant to liberal special interests the desired result, no matter the demands of actual justice.
And what desired result is more sacrosanct to the perverted postmodern mind than the feminist claim that there simply are no false convictions of rape? Women don't lie, police don't manufacture evidence, and all men are beastly perverts anyway. On procedural grounds or otherwise, we ought to just lock all the men up anyway (Obama excepted, of course), because if they have not yet raped, they are even now in the process of scoping out their prey.
It's hard to cough up the dough [for child support] when your broke, harder still if you're behind bars.... Indeed, the New York Times reported in 2005 that 70 per cent of child support debt is owed by men who owe $10,000 a year or less or who have no earnings at all....
The child support industry has been a windfall for states and for middle-class divorcing women. Economist Robert McNeely and legal scholar Cynthia McNeely go so far as to suggest that... governmental policies [on child support] have led to destruction of the family "by creating financial incentives to divorce [and further incentives resulting in] the prevention of families by creating financial incentives not to marry upon conceiving a child."
Penalizing errant fathers has become the only form of chivalry modern woman will tolerate, but it is chivalry, based on the idea that Uncle Sam must come to the rescue of the nation's distressed damsels. The real result of the child support industry, however, has been the creation of a system that grants bureaucrats unprecedented access to private records and control over the lives of people, most of whom have committed no offense. As investigative reporter Robert O'Harrow Jr. wrote in The Washington Post, commenting on the expansion of federal child support initiatives, "Never before have federal officials had the legal authority and technological ability to... keep tabs on Americans accused of nothing."