A federal ruling has been made on He v She rape cases for universities in the U.S

[Deleted]

Just a disclaimer, the burden of proof required for dismissal from a university is substantially lower than that of a legal case for conviction; This would give teeth to those whom are accused and not found guilty.

But they can also sue the accuser now in this context, as stipulated from Harris v. Saint Joseph’s University, 13-cv-03937, U.S. District Court, Eastern District of Pennsylvania; http://docs.justia.com/cases/federal...79180/55/0.pdf

While this makes me somewhat heartened that those falsely accused are given recourse for justice in this setting, it also worries me, primarily due to it being in the context of a He v She scenario; Whilst the accused would be found not guilty, he, or she, could in fact have the case dismissed for a host of reasons and the stipulation the accused can sue the accuser could perhaps deter rape victims from coming forward.

May 19, 2014 - WASHINGTON, D.C. -- WASHINGTON, D.C. (May 19, 2014): With so much attention focused on the alleged failures of many universities to forcefully prosecute male students accused of date rape and sexual assault, the problem of universities whose judicial proceedings are unfair to the accused, and/or are overzealous because of pressure from female students or otherwise, have been largely overlooked.

But now a new judicial ruling gives those wrongly convicted a powerful new weapon - they can sue the university, the employees who participated in the proceedings, and even the accused herself in federal court for substantial monetary damages and other remedies, notes public interest law professor John Banzhaf, who was twice called a “radical feminist.”

After a school tribunal at Saint Joseph's University found a male student to have committed sexual assault arising out of an incident of allegedly consensual sexual intercourse, he took legal action, says Banzhaf, who has been successful in over 100 sex discrimination proceedings.

The federal court held that he was entitled to sue the private university under the state's Unfair Trade Practices and Consumer Protection Law, and that he could also sue the university, university employees, and the female complainant for defamation (slander), with the court holding that their accusatory statements about him were not legally privileged.

Interestingly, the court said that he could also sue the female complainant for intentionally interfering with his contractual relations with the school; an important ruling, suggests Banzhaf, because for such an intentional tort he can seek much higher punitive damages in addition to general damages. Also, the court ruled that the mere fact that the tribunal found that the male student had committed the wrongful act complained of was not conclusive as to his guilt or innocence, and did not shield the female complainant from this type of legal liability.

Several additional claims by the plaintiff were not accepted by the court on the basis of the complaint which had been filed, but the court said that the male student was not precluded from bringing up these claims again, provided they were properly pleaded.

These claims included, said Banzhaf: breach of contract, violation of Title IX (discrimination against him by the school on the basis of his gender), negligence, making public statements which place him in a false light, and intentional infliction of emotional distress (which might also warrant punitive damages).

"Female university students in 'he said, she said' rape and sexual assault cases, who were dissatisfied with the way the school handled the situation, are increasingly seeking legal remedies.

But now men who feel that the pendulum has swung too far, or that they were not treated fairly in school judicial proceedings, suddenly also have powerful legal weapons on their side.

Also, says Banzhaf, it is likely that some attorneys will take these cases on a contingency fee basis, so that both rich and poor students can go after both the universities and any women who improperly accuse them. Female students, knowing that they may have to repeat their allegations under oath in open court, may think carefully before bringing any unfounded charges, he predicts.

http://www.prlog.org/12325264-studen...nd-female.html
http://docs.justia.com/cases/federal...79180/55/0.pdf

[Jinali]

Until the court can make sure an actual rapist isn't acquitted they shouldn't be able to sue. At all. The day will come when a rapist sues his victim when found not guilty.

[Deleted]

Until the court can make sure an actual rapist isn't acquitted they shouldn't be able to sue. At all. The day will come when a rapist sues his victim when found not guilty.

Well this is in a context of a university, and as such the case will be conducted in front a panel appointed by a student council or faculty.

So the required evidence to convict or rather dismiss the student for it, is appallingly low.

As for potential rapists being able to sue the victim, that's a distinct possibility which worries me; As the required evidence all around in this example is low.

Especially so for a He v She scenario where no sign of forcible rape has taken place (In the form of violence).

[Jinali]

Well this is in a context of a university, and as such the case will be conducted in front a panel appointed by a student council or faculty.

So the required evidence to convict or rather dismiss the student for it, is appallingly low.

As for potential rapists being able to sue the victim, that's a distinct possibility which worries me; As the required evidence all around in this example is low.

Especially so for a He v She scenario where no sign of forcible rape has taken place (In the form of violence).

So why aren't those cases up in an actual court? Who would let a student council determine a verdict in a rape case?

[Incredibale]

Good old college, putting innocent boys in jail and ruining their lives over false rape accusations since, well, the past 20 years.

[Deleted]

So why aren't those cases up in an actual court? Who would let a student council determine a verdict in a rape case?

The majority of He v She cases are never taken to trial primarily due to lack of evidence, academically however the accused can be ousted regardless on much lower requirements; And the legal choice to not take the case to trial is often stated far after the academic "Trial".

It's a strange thing in the U.S, the case could be dismissed and the student could be expelled regardless (As has occurred in the past) and the student would have an up-hill battle in finding another uni to attend or recouping damages.

[vetinari]

Universities should no more be holding trials for rape and sexual assault than they should be holding trials for murder or grand theft auto.

[Jinali]

The majority of He v She cases are never taken to trial primarily due to lack of evidence, academically however the accused can be ousted regardless on much lower requirements; And the legal choice to not take the case to trial is often stated far after the academic "Trial".

It's a strange thing in the U.S, the case could be dismissed and the student could be expelled regardless (As has occurred in the past) and the student would have an up-hill battle in finding another uni to attend or recouping damages.

That's really stupid. Student councils shouldn't even be handling serious crimes in my opinion.

[Deleted]

That's really stupid. Student councils shouldn't even be handling crimes.

I believe universities also had to be legally mandated to report any rape cases within 24 - 48 hours to the relevant authorities that occur on campus, as they would often try to keep it in-house.

And i agree that student councils shouldn't be used to establish any form of criminal conduct in this setting, but that begs the question of, how can a university protect a potential victim without such a council existing?

The student would be accused, but unable to be expelled or suspended until the legal trial takes its course i believe.

[Jinali]

I believe universities also had to be legally mandated to report any rape cases within 24 - 48 hours to the relevant authorities that occur on campus, as they would often try to keep it in-house.

And i agree that student councils shouldn't be used to establish any form of criminal conduct in this setting, but that begs the question of, how can a university protect a potential victim without such a council existing?

The student would be accused, but unable to be expelled or suspended until the legal trial takes its course.

It would be insane to expel/suspend someone if there's no proof or if it's not been up in court and resulted in a conviction.

[sizzlinsauce]

Until the court can make sure an actual rapist isn't acquitted they shouldn't be able to sue. At all. The day will come when a rapist sues his victim when found not guilty.

same as false accusations. but of course you will never be happy.

[Templar 331]

That would be insane to expel/suspend someone if there's no proof or if it's not been up in court and resulted in a conviction.

That's pretty much my thoughts too. Why suspend someone who in the eyes of the law is still innocent? And if they end up guilty, they are ruined anyway. I can see how it would be very uncomfortable to be in the same class as your rapist, but until the law says he/she is a rapist why punish him/her.

[Jinali]

same as false accusations. but of course you will never be happy.

I think those who falsely report crimes should be penalised for it but it has to be proven that it was a false report. You can't just say it's a false accusation when someone is acquitted, due to various reasons.

[Elim Garak]

Good. But unis should not have anything to do with it to begin with.

- - - Updated - - -

I think those who falsely report crimes should be penalised for it but it has to be proven that it was a false report.

No it has to be proven it's not false. If that cannot be done it's false by default.

[Zvinny]

Until the court can make sure an actual rapist isn't acquitted they shouldn't be able to sue. At all. The day will come when a rapist sues his victim when found not guilty.

But under the current system, if I read this correctly, it's possible for person A to accuse person B of raping them falsely, person B being found not guilty, and person B being expelled anyway because reasons.

That seems 10 different sorts of fucked up to me.

[Sunseeker]

I'm kinda wondering how a school has the legal right to find someone guilty of a crime and then punish them, without ever entering the court system.

[Deleted]

Most universities would have a preemptive policy of protection, that being immediate suspension of the accused until the academic "Trial" has established its verdict, and that often has low standards for "Conviction" ergo expulsion; Meanwhile the accused would be faced on a two prong front, an academic trial and a legal one.

The legal case would most likely be dropped unless evidence is glaring out with eye witnesses supporting the accuser, which leaves the academic option as the only form of reactionary justice.

Largely due to the lack of evidence required to establish guilt, and lack of stringent checks in place to ensure a fair and impartial "Trial".

[Zvinny]

I'm kinda wondering how a school has the legal right to find someone guilty of a crime and then punish them, without ever entering the court system.

I'm surprised at that too. As far as I was aware the only entity to have the power to do this was the Military. The fact that all this can be done by students seems crazy.

[Sarthan]

Great I think if you falsely accuse someone of a crime you should serve the time they would have to. This is a huge step in that direction. False rape reporting is worse then rape.

[Jinali]

No it has to be proven it's not false. If that cannot be done it's false by default.

No, the justice system works under the assumption that reports aren't false in the first place, otherwise they would have no reason to investigate any crimes reported and the victim of a crime would have to gather evidence and present it to the court him/herself to actually get an investigation started. That's fortunately not how it works.

False rape reporting is worse then rape.

No, it's not worse in any reasonable persons eyes.