Kangeroo courts at universities

“Frats Push To Make Rape Victims Choose Between Police Or School For Investigations -” http://huff.to/1NFRmPa

In practice universities tend to pressure students to go to their kangeroo courts rather than report rapes to police and that should be strongly discouraged.

It is used to keep rapes off the books to make universities look safer than they are.

They don’t have police investigators, they can’t subpeona witnesses or video evidence, or conduct searches with warrants, or process forensic evidence.

It sets victims up for failure, in most cases the only way they can find against the perp is to go into full kangeroo mode and decide they believe one contradictory statement over another.

As has been stated in court cases on credibility, sometimes the evidence shows that a poor witness is telling the truth or that a compelling witness is in error or lies.  A decision should not depend on the best actor in the witness box, the oral statements should be assessed in light of all of the evidence to see which is more consistent with objective facts.

How can one do that on any principled basis when there is no evidence, only competing stories?

In the event of mistaken identity or alleged mistaken identity the alleged perp may have nothing to say beyond, I don’t know who this person is, I’ve never done anything to her.  Without objective evidence to test it, how can anybody decide if that’s true or false?

If it goes the other way that isn’t justice either.  There was an case at SFU years ago when a female stalker accused an instructor of rape and after he was fired it was shown that she had been pursuing him and harassing him and made the allegation when he refused to have a relationship.  He was reinstated and SFU did a review of other cases and found over a dozen where they had improperly decided to automatically take allegations at face value, effectively making any defense impossible. 

The idea that some committee without a real investigation and usually with no legal training can have some divine insight into who is telling the truth is absurd.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: