One of the most fundamental principles in the American criminal justice system is the idea that a defendant is innocent until proven guilty. While the news and media do a good job of presenting the opposite side, the Courts are expected to uphold this vital principle. We expect our ‘presumption of innocence’ to extend beyond just the law into most proceedings where accusations have been made. This, however, is not the case in many places, including college campuses like Colorado State University (CSU) and University of Northern Colorado (UNC).
Campus Rape in Larimer County
Campus rape seems to be a very trendy topic recently. More and more women are coming forward claiming to have been raped, and colleges do have to respond and address the issue of safety on campus. Now, please, do not misunderstand my intention; Sexual Assaults happen on campuses in Larimer, Boulder, and Grand County. I am not saying all campus rape allegations are false. But, some of these claims are exaggerated or made-up all together and the accused is left to deal with the consequences.
Many allegations are exaggerated or made-up and the accused is left to deal with the consequences.
In a recent news article, a college student was expelled after his roommate’s girlfriend accused him of raping her 21 months after the alleged incident occurred. There was no evidence for the state to prosecute. In fact, text messages from the alleged victim’s phone prove she not only consented to the sex, but initiated it. However, these mitigating factors did not stop the school from reviewing the case in a disciplinary hearing. The man facing these allegations had no evidence to prove he was innocent, other than his own statements, and was found guilty by the campus tribunal and expelled from the school.
How A Campus Tribunal Fails in Fairness- Guilty, Guilty, Guilty
Even though no formal legal charges were filed, as there was no evidence of Sexual Assault, the college went forward with their own procedures, forcing the man to, in essence, prove his innocence. During criminal proceedings, the burden falls on the prosecution to prove that the defendant has committed the crime. This is not how many college campuses handle their disciplinary board hearings. Instead of having the school prove the accused party is guilty, the burden falls on the accused to prove he / she didn’t do it. The worst part is that he doesn’t have any tools he needs to argue his case. There is no way for him to access the text messages, discovery, or evidence he needs to prove his innocence and most colleges do not allow attorneys to represent the accused because it is not a legal hearing. So, the accused will end up expelled from school, with a ruined reputation, a spoiled college experience, and a very uncertain future.
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Interesting Statistics Surrounding Campus Rape
Through surveys and studies, universities are reporting that 1 out of every 5 women in college is a Sexual Assault victim. This statistic has been reported as being wildly over the top. A scholar, who studied this very issue, claims that the ‘rape culture’ that has developed on campus is exaggerated. The real ratio is about the same as that in criminal court, 1 out of every 40. So how did this number get so skewed? Well, in the surveys, the questions asked are very leading and rape is defined as any sexual contact that occurs while a woman is intoxicated. Defining ‘rape’ as having sex while intoxicated will ensure that the number of rape victims is overestimated.
So, What Is the Real Reason Colleges Are Being So Harsh?
The simple answer is: money. The Federal Department of Education warned colleges and universities if they do not get tough on campus Sex Assaults, they would lose funding. Men are losing practically everything at a very important time in their lives because schools are afraid to lose money. How unbelievably unfair! If police and district attorneys from places like Fort Collins, Boulder, and Greeley find no evidence, they will have the choice not to file any criminal charges, because criminal activities have not occurred.
In just one example, a woman claimed she had been raped. After law enforcement investigated, police chose to actually charge the alleged victim with False Reporting. This, however, did not stop the college from expelling the student who was accused. That’s right, colleges and universities are taking things into their own hands, obviously thinking they know better than the law. A ‘rape culture’ scholar said it best when she stated,