Whether ithappenedornot


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Whether ithappenedornot

  2. 2. THE ESSENTIAL QUESTION  What changes need to be made with how our judicial system, more specifically college campuses, handle sexual assault to stop actual rapists from getting away with crime while, in the event a case is false, protecting accused rapists of the lasting stigma that is associated with rape?
  3. 3. DEFINING RAPE: LITERALLY  2rape verb: to force (someone) to have sex with you by using violence or the threat of violence  Does this definition have enough power to describe the crime of rape? 2 1
  4. 4. DEFINING RAPE: LEGALLY  As defined by the ALM Network of Legal Publications, Events, Research, and Intelligence Tools… 2) v. to have sexual intercourse with a female without her consent through force, violence, threat or intimidation, or with a girl under age …  … On the other side of the coin, there is the concern of law enforcement and prosecutors that women whose advances have been rejected by a man, or who have been caught in the act of consensual sexual intercourse and are embarrassed may falsely cry "rape." 3
  5. 5. HOW MANY PEOPLE ARE SEXUALLY ASSAULTED EACH YEAR?  According to the NCVC (National Crime Victimization Survey) in 2002 247,730 people were raped/sexually assaulted in the US.  According to a study done by Finkelhor, D., Hotaling, G., Lewis, I. A., & Smith, C, 1 in 6 boys will be sexually assaulted before the age of 18 and 1 in 4 girls will be sexually assaulted before the age of 18.  1 in 3 American women will be sexually abused during their lifetime. (George Mason University, Worldwide Sexual Assault Statistics, 2005)
  6. 6. WHY DOES RAPE HAPPEN? Rapists Alcohol Promiscuous clothes Television Weather
  7. 7. WHERE DOES SEXUAL ASSAULT USUALLY TAKE PLACE?  Sexual assault happens predominantly in cities among people of low socioeconomic class and on college campuses.  Sexual assault cases on college campuses are often untreated resulting in the encouragement of criminals to continue sexually assaulting people.  Different colleges define rape differently. The definition of rape among college campuses has created a lot of controversy over the past decade.
  8. 8. SEXUAL ASSAULT ON COLLEGE CAMPUSES  According to Time Magazine (May 26, 2014) 1 in 5 women at college are subject to experiencing some type of sexual assault.  The University of Montana had 80 rape cases reported between 2009 and 2012.  In the past two years, due to these statistics, measures have been taken against sexual assault on college campuses. 4
  9. 9. CONTROVERSY ON COLLEGE CAMPUSES  Kirsten Gillibrand, a Senator form New York: “There is a pervasive lack of understanding when it comes to the true nature of campus sexual assault. These are not dates gone bad or a good guy who had too much to drink. This is a crime largely perpetrated by repeat offenders, who instead of facing a prosecutor and a jail cell remain on campus after a short term suspension, if punished at all.  Emma Sulkowicz, a junior at Columbia University, was a victim of rape. Her hearing didn’t take place until seven months after the incident. One panelist insisted on asking her “how anal rape was even physically possible.” The offender was found not guilty and her appeal was sent to the dean; the dean, most likely not wanting to give the university a bad rep, dismissed the case.
  10. 10. CONTROVERSY ON COLLEGE CAMPUSES (CONT.)  Matthew Kaiser, a criminal defense lawyer: “What about our sons? Colleges will risk sanction by the Department of Education if they don’t take action in favor of women who report sexual assault. The school’s incentive is to set up a process that results in guilt. One way schools accomplish this is by defining sexual assault as sex with anyone who has been drinking” … “The ‘drunk sex = rape’ rule is systematically unfair to male students, especially when we all know drunk sex is common in college. When my daughter leaves for college, I want her to be protected form sexual assault. But when my son goes to college, I want him not to risk his future whenever he has sex after a party. And, based on the cases I’ve seen, I’m more concerned for my son than my daughter.”
  11. 11. CONTROVERSY ON COLLEGE CAMPUSES (CONT.)  Jed Rubenfeld, a Yale Law School professor: “In addition to widespread underreporting and defective procedures for handling campus rape, another fundamental problem is confusion over the very definition of rape. Yale redefined sexual assault among students as any “nonconsensual sexual contact” where consent must be a prior “unambiguous” “Agreement” to each “specific” touching, whether or not consented to in the past” … “If two Yale students are kissing and one of them touches the other sexually, that person has apparently committed sexual assault even if they’ve done it before. Other colleges tell students that sex with someone intoxicated is always assault” … “These overbroad, unenforceable definitions of sexual assault are counter productive. They conflate violent rape with objectionable conduct of much lesser gravity. They may discourage reporting because the process so often ends with no punishment or, conversely, results in punishment of individuals who haven’t actually committed an assault.”
  12. 12. ARE COLLEGE CAMPUSES CAPABLE OF HANDLING SEXUAL ASSAULT CASES ALONE?  In Emma Sulkowicz case, college campuses apparently aren’t capable of handling sexual assault cases.  Rape cases are handled differently on college campuses than they are in the real world.  The federal government is currently investigating 55 colleges on the account that they may have violated the law in how they handle rape cases reported on campus. 5
  13. 13. FALSE RAPE ACCUSATIONS ON COLLEGE CAMPUSES AND EVERYWHERE ELSE  A group study conducted by David Lisak, Lori Gardinier, Sarah C. Nicksa, and Ashley M. Cote concluded that 6% of convicted rapists aren’t rapists at all.  Consider the case of Sean Lanigan, a teacher who was accused of molestation with the claim later being shown false: Police issued a press release with Lanigan’s booking photo and home address, and the school district sent home a letter about his arrest. You can imagine what happened to his career.
  14. 14. FALSE RAPE ACCUSATIONS ON COLLEGE CAMPUSES AND EVERYWHERE ELSE (CONT.)  Law enforcement agencies say that up to 7,000 out of the 87,000 forcible rape cases reported are later admitted or proven false.  Brian Banks was 17 and a top football talent who spent five years in prison and five years on probation for raping his 15 year old classmate, Wanetta Gibson.  Wanetta later admitted she made it all up and this was recorded on tape. Brian was only then exonerated. 6
  15. 15. ARE THE FALSE ACCUSERS PUNISHED?  Elizabeth Coast, accused Johnathan C. Montgomery, a former neighbor, of raping her in the year 2000 when she was 10 years old and he was 14. She later admitted that she made up the story and lied on the witness stand at his June 23, 2008, trial.  Johnathan served four years in jail and Elizabeth was sentenced to sixty days in jail, only to be served on weekends.  Crystal Gail Mangum claimed three Duke Lacrosse players raped her – the men were imprisoned without an investigation, furthermore there wasn’t even forensic evidence that the rape ever happened.  She became a celebrity and an idol among activists. It took a year for the charges to be dismissed after they were found out to be falsed.
  16. 16. WHAT’S THE POINT?  Rape cases should be more carefully considered when they arise.  Formal investigations are a must.  With the way rape cases are handled, actual rapists are on the loose repeatedly offending. If investigations were more carefully considered, the real rapists would get caught more often and false cases would be dismissed as false, as they should be.  If it is proven by evidence that a person creates a false allegation of rape, there should be a serious punishment waiting for them in attempt to eradicate this problem.
  17. 17. ARE FALSE RAPE ACCUSATIONS EVEN WORTH WORRYING ABOUT?  I believe so. Focusing on this issue in no way strives away from the seriousness of rape: in fact, it encourages formal investigations where they aren’t present and therefore could potentially result in actual rapists being convicted.  While we learned that 7,000 men are wrongly incarcerated each year, there could be even more that are falsely accused.  It is a logical certainty that the worst and rarest cases of false claims – ones that result in imprisonment and rape in prison – can be worse than rape itself. But one need not be convicted to face serious harm.
  18. 18. LIVES ARE IMPACTED WHETHER IT HAPPENED OR NOT  When sexual assault is reported, there are two possibilities:  A. The sexual assault happened. The victim has suffered the worst possible scenario next to death. His or her life will be effected until they die by their experience. This is incredibly unfortunate and every step should be taken to stop this from happening.  B. The sexual assault didn’t happen. The victim here is the one who was accused of rape. He or she will go to prison for a long time. Or, if it’s proven that the allegations are false, they won’t. Regardless, there are still repercussions that will follow them for the rest of their life. They are being raped – not physically, however: they are being raped of their status, their credibility, their friends who will forever think of them as a rapist, and more. Rape is not a victimless crime on either side of the spectrum.
  19. 19. WORKS CITED (IMAGES)  1. http://www.q-notes.com/images/053108/distress.jpg  2. http://i.huffpost.com/gen/919887/thumbs/r-INDIA-GANG-RAPE- VICTIM-CONDITION-large570.jpg?6  3. http://www.faceofmalawi.com/wp- content/uploads/2013/09/gavel.jpg  4. http://www.malone.edu/images/stu-life-other/mile.jpg  5. http://publichealthwatch.files.wordpress.com/2014/05/rape- 4f55f15199f7b0da-2.jpg  6. http://keepittrill.com/online/wp- content/uploads/2012/05/Brian-Banks-Wanetta-Gibson-false- rape.jpg
  20. 20. LINK TO PRESENTATION  http://www.slideshare.net/shelbotts/whether-ithappenedornot
  21. 21. WORKS CITED  "Rape." Merriam-Webster. Merriam-Webster, n.d. Web. 25 May 2014.  Hill, Gerald, and Kathleen Hill. "Legal Dictionary - Law.com." Law.com Legal Dictionary. Publisher Fine Communications, n.d. Web. 26 May 2014.  "Welcome to the National Center for Victims of Crime." National Center for Victims of Crime. National Center for Victims of Crime, n.d. Web. 26 May 2014.  Finkelhor, D., Hotaling, G., Lewis, I. A., & Smith, C. (1990). Sexual abuse in a national survey of adult men and women: Prevalence, characteristics and risk factors. Child Abuse & Neglect 14, 19-28. doi:10.1016/0145-2134(90)90077-7  George Mason University, Worldwide Sexual Assault Statistics, 2005
  22. 22. WORKS CITED (CONT.)  Gray, Eliza. “America’s Campuses Are Dangerous Places." Time Magazine May 26, 2014: 20-29. Medium.  Wantanabe, Teresa. "Government Investigates 55 Colleges over Handling of Sex Assault Cases." Los Angeles Times. Los Angeles Times, 1 May 2014. Web. 26 May 2014.  Lisak, D., L. Gardinier, S. C. Nicksa, and A. M. Cote. "False Allegations of Sexual Assualt: An Analysis of Ten Years of Reported Cases." Violence Against Women 16.12 (2010): 1318- 334. Icdv.idaho.gov. Violence Against Women, 21 Dec. 2010. Web. 23 May 2014.  Turley, Jonathan. "Virginia Woman Falsely Accuses Man Of Rape And Sends Him Away For Four Years Before Recanting . . . Given Just 60 Days In Jail To Be Served On Weekends." JONATHAN TURLEY. N.p., 20 Aug. 2013. Web. 23 May 2014.