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There are far too many false allegations of sexual violence on our nation’s campuses and it is so bad that parents are talking to their sons very differently from how they are talking to their daughters. Virtually all of these cases involve alcohol and/or drugs. There is a widespread but false belief that there is a “rape culture” on most campuses. No one is talking about the false allegation culture despite numerous examples.
Is there a Rape Culture on most college campuses? No. Most universities in America now are roughly sixty percent female and only forty percent of the student body is male. We will find exceptions here and there; engineering schools are still going to have more men and the psychology is going to have more women. But, overall it is about sixty percent female and forty percent male. When children are getting ready to go off to college or the university, parents are becoming legitimately concerned about their son may suffer a false sexual offense allegation. Alcohol is the number one date rape drug, and no one is talking about it being the number one false allegation drug.
False charges of sexual assault and battery have exploded like mushrooms after the rain. Part of the reason they have exploded is the changing of the burden of proof in campus administrative student disciplinary hearings. Instead of beyond a reasonable doubt, it is by a mere preponderance of the evidence – the same low bar for an arrest warrant in a case subsequently proven to be false. The defense does not legally have the burden of proof, yet example after example exists of false allegations. The Duke Lacrosse case comes to mind nationally and in Florida, the Jameis Winston case.
Student disciplinary hearings are not even close to legitimately fair hearings. Not at all. Do you think the attorney is going to tell their client to tell their side of the story in a student disciplinary hearing involving Drunk and Regretful Consensual Sex case? I know what I would be saying 90% of the time: shut up.
This is a real problem. When I was in college, university standards were very simple. No, means no. Now, there is this entire “affirmative consent” mythology that completely ignores how men and women naturally interact. This theory states that if a man kisses a woman when she doesn’t want to be kissed by him, his misread of her interest is a crime because he didn’t verbally ask “may I kiss you?”. Ludicrous. And please notice that I am using gender pronouns. Intentionally, because that is how it is breaking down in the real world.
“Can I touch your hand?” “Can I hold your hand?” “Can I caress your hand?” “Can I kiss your hand?” No one acts like this because you just read it and feels creepy! Yet that is what is expected with this affirmative consent nonsense we have on colleges and universities. This is not how criminal law works, but if it did a lot of innocent people would go to jail. A lot of people would put Luke Skywalker in prison if it meant that they also got the Darth Vaders of the world.
The Jameis Winston case showed the world how a case should be handled properly.
That case against Winston was so bad that the investigating officer and the captain involved would not even sign off on a finding of probable cause. After a political uproar, the case was reviewed by the state attorney’s office. Everybody made a big scandal about how it was brushed under the rug, because Florida State is a perennial football powerhouse. That is not true. The case was never brushed under the rug. What happened instead was a political firestorm that can happen to any family reading this if they have a young adult in a college or university with these types of environmental and legal factors. It is a real problem.
A 19 year old female student wakes up in the morning and vaguely remembers she had sex for the first time drunkenly the night before. She has lost her virginity and the other guy was just as drunk. She doesn’t remember much and neither does he. What happens next if she regrets sleeping with him? Her friends immediately jump in saying “oh girl, you were raped!” All too often, the guy is arrested. He’s 19, too, thinking “what the hell? She was totally into me!”
Date Rape does happen. It isn’t a figment of imagination. False allegations make a mockery of our justice system, our universities and are a slap in the face of real victims, those raped and those falsely accused.
For more information on Drugs & Alcohol In Sex Crime Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (850) 466-1522 today.