Teaching sexual respect
samedi 23 septembre 2017 à 02:00The term "sexual assault" is a bad term to use in formulating rules for judging or punishing people, because it lumps together rape with the much lesser crime of groping. We would not judge those the same, so we shouldn't lump them together in our discourse. Any policy that uses the term "sexual assault" will tend to be bad.
The way people are punished when a college declares them guilty of rape is sufficiently grave that I think they must be judged by the standard of "beyond a reasonable doubt". I expect most of such accusations are true, but certainly some are false.
However, it is a mistake for a school to conduct a substitute for a trial. The legal system exists for that, and schools can't do that job. Someone who has been raped and wants something like criminal prosecution should go to the state, not to the school.
What schools could usefully do is teach sexual respect that goes beyond merely not committing a crime. The school could have a stricter standard of sexual respect, as a school rule, not as a criminal law. Breaking that rule would not mean one is a rapist, or a criminal at all, but the school would insist one never break it again.
Students that push too far sexually, even if not to the point of crime, could be required to do counselling and make a strong and visible effort to change their way of approaching sex. Most of them would not be rapists, so doing the counselling would not label them as rapists. Rather, they would be making sure they will not be rapists. The school might also require them to avoid for some time campus events where there is alcohol, and subsequently to follow rules so that they don't drink to excess.
A system like this could prevent rape by teaching students to avoid the sort of behavior that could turn into rape.