Rape in the US

aloyisious

Sometimes I wonder about the way the US goes about defending accused persons rights. There's this report about a freshman (girl) at UNC who went about the reporting of her alleged rape within the UNC system. I can only imagine what would have happened if she had gone directly to the local Police and made the report to them.

UNC Student Faces Honor Court Charges for Talking About Rape

by s.e. smith
February 27, 2013
5:30 pm

Reporting in 2010, NPR noted an epidemic of poorly-handled campus sexual assaults in the United States, noting that one in five women on U.S. campuses could expect to be sexually assaulted. The expose shamed colleges and universities large and small, and triggered action from the Department of Justice to demand updates to the handling of sexual assault cases on campus.

As the case of Landen Gambill illustrates, though, we still have a long way to go when it comes not just to preventing sexual assault on campus, but to making sure victims are treated respectfully and their cases are handled responsibly.

Gambill was in an abusive relationship that included rape as a freshman at the University of North Carolina. Like many people in such relationships, she struggled, but ultimately was able to leave and reported him in the only way she could: to the campus Honor Court. The Court, she says, treated her like the perpetrator, shaming her for not leaving her boyfriend earlier, disclosing private information to him, and making her feel even worse about the situation than she already did, a not uncommon situation for many students attempting to get justice after sexual assault.

So, last month, she joined a group of students in filing a formal complaint with the Department of Education’s Office of Civil Rights, noting that the university mistreated sexual assault victims and asking for justice. 10 days later, she received a notice that she had violated the honor code, allegedly by creating an “intimidating” environment to her rapist, a man who remains unnamed. Gambill’s focus in discussions about the issue has been on how the university treated her and created a hostile environment for her, with no specific mention of her attacker, yet her reward for speaking out has been a threatening letter, which she claims is clearly intended to intimidate her.

If the case goes to the honor court, she could face serious penalties, including possible expulsion. All for being brave enough to report her rape, navigate the university’s outdated system for handling sexual assault charges, and then protesting about her mistreatment as a victim. Like many whistleblowers, Gambill has been put in the unenviable position of simultaneous hero to people lobbying for better treatment of campus rape victims, and pariah for the university that doesn’t want to see its reputation besmirched. What UNC may not have expected was that in addition to being outspoken about her rape, Gambill was equally outspoken about the honor code charges, and they’ve entered public conversation.



Read more: http://www.care2.com/causes/unc-student-faces-honor-court-charges-for-talking-about-rape.html#ixzz2MDs1ztVB

Victor

aloyisious wrote: »

. I can only imagine what would have happened if she had gone directly to the local Police and made the report to them.

In the USA, many schools and colleges have their own police forces.

Killer Wench

Yes, one case and it obviously is illustrative of an entire system.

I was the chairperson of an honor court at my undergrad. As the above poster mentioned, most large universities have their own police forces. Individuals can file complaints but it is the discretion of the prosecuting attorney whether or not to pursue it. With some of these cases, the alleged victim feels that they will have more access to justice going through an honor court. There are many egregious cases but there were also those cases when the "victim"made false allegations. There was such a case a few years back involving the Duke Lacrosse team.

crockholm

Killer Wench wrote: »

Yes, one case and it obviously is illustrative of an entire system.

I was the chairperson of an honor court at my undergrad. As the above poster mentioned, most large universities have their own police forces. Individuals can file complaints but it is the discretion of the prosecuting attorney whether or not to pursue it. With some of these cases, the alleged victim feels that they will have more access to justice going through an honor court. There are many egregious cases but there were also those cases when the "victim"made false allegations. There was such a case a few years back involving the Duke Lacrosse team.

I believe that the female at the centre of the Duke Lacrosse scandal is now awaiting trial for murder. Tangent over.

petersburg2002

North Carolina, enough said! Redkneck country.

Manic Moran

Gambill was in an abusive relationship that included rape as a freshman at the University of North Carolina. Like many people in such relationships, she struggled, but ultimately was able to leave and reported him in the only way she could: to the campus Honor Court.

What's this "Honor Court" business?

If the charge is Rape, it should go to the appropriate constabulary (University, city or county), to be charged under the laws of the Great State of North Carolina.

If the Honor Court wants to expel the guy after he's been convicted by a jury of his peers after being prosecuted by the County Attorney, then fine, but last I checked, student bodies had no particular authority to judge or impose criminal punishment.

MadsL

petersburg2002 wrote: »

North Carolina, enough said! Redkneck country.

One of the US's major financial services centres and Charlotte is a major hub for US Airways. It is the ninth wealthiest state in terms of gross domestic product.

You, frankly know sweet FA about NC, and the irony of someone who cannot even spell redneck calling others names is not lost on me.

Grayson

Killer Wench wrote: »

Yes, one case and it obviously is illustrative of an entire system.

I was the chairperson of an honor court at my undergrad. As the above poster mentioned, most large universities have their own police forces. Individuals can file complaints but it is the discretion of the prosecuting attorney whether or not to pursue it. With some of these cases, the alleged victim feels that they will have more access to justice going through an honor court. There are many egregious cases but there were also those cases when the "victim"made false allegations. There was such a case a few years back involving the Duke Lacrosse team.

Completly off topic. But americans seem to love that word.

Manic Moran

OK, after a quick bit of digging around, (Not easy, due to the terrible way that site links to itself instead of source documents) it seems that the OP here is a bit misleading. (Not necessarily intentionally, but the linked article is).

From http://www.huffingtonpost.com/2013/01/16/unc-sexual-assault_n_2488383.html

Gambill says she went to the Dean of Students Office to report an abusive ex-boyfriend for stalking in March 2012. She filed a complaint with the university's Honor Court system in the hopes that it'd be faster and less complicated than the legal system

Mistake #1.

Mistake #2 in this saga is assuming that other students are going to be anywhere near as mature or sensitive about this issue as professionals in the field. Or that she was going to be going infront of what she watches on "Law and Order", as opposed to a proceeding you'd find at the UCD student council.

Mistake #3 is continuing to announce to all and sundry the alleged offenses committed by the individual (not backed up by either criminal or honor court conviction). It doesn't matter if she didn't state the guy's name to the press, it seems that the people in the university knew who she was talking about anyway. It is this Mistake #3 that the honor court is looking to 'try' her on.

Whatever the problems of student sexual assault in this country, and even if UNC is indeed failing to properly address the problem, this thread is IMO based on a misleading premise.

danniemcq

I've heard bits and pieces on this topic over the last week or so. with a big of digging I was able to find a few articles that ask more questions about her story than automatically jump to the womans defence

One of its members (of the council) asked her: “Landen, as a woman, I know that if that had happened to me, I would’ve broken up with him the first time it happened. Will you explain to me why you didn’t?’”
That sounds perfectly reasonable. Her answers did not, and the adjudication concluded that her claims were without merit, or at the very least that they had not been proved. Reading between the lines, they thought she was a bit of a flake, apparently with good reason.

I know the above point may be a bit odd and that people trapped in abusive relationships feel trapped, but this was a student with no mortgage tying her down, no kids or family that she is trying desperatly to hold together. And the fact she was unable to explain it to the council depite them obviously wanting to hear her side makes it instantly suspicious in my head

. If a student or any woman is raped she should proceed immediately to either a police station, or to a hospital where the police will be informed and where forensic evidence can be preserved. A woman who makes an allegation of rape weeks, months or even years after the event diminishes her credibility, and rightly so. Strip away all the hysteria, and at the end of the day rape is a serious physical assault. If you were to walk into a police station and claim to have been assaulted by your neighbour, a workmate or a stranger, and asked when this assault occurred you replied "Three weeks ago", what response would you expect?

This is the area I have most issue with. I know calling it a serious physical assault may seem to small a charge but that is what it is. The time difference is a major issue when evidence is a major part of what is to come. not only that but more and more recently there are reports of women using the I've been raped story to harm ex's (check out the woman with 11 false stories reported last week) I'm not saying this is the case but in a case where it usually ends up with one persons word against the other this lack of evidence and lack of urgency are against her. The fact that she has still not actually gone to the cops also raises a lot of questions

both quotes come from here http://www.digitaljournal.com/article/344345#ixzz2MZ4iNEIH

In the spring of 2012, Gambill filed a report of sexual assault to UNC against her ex-boyfriend. Gresham said the case was adjudicated in a 20-hour hearing by a University Hearings Board of two students, two faculty members and one administrator.

Three members of the board — one student, one faculty member and the administrator — were female, Gresham said.

The board, which was utilized while UNC was in the process of removing sexual assault from the student-led Honor Court’s jurisdiction, found Gambill’s ex-boyfriend not guilty — in a 5-0 decision — on two counts of sexual misconduct, Gresham said.

He was found guilty in a 4-1 decision of verbal harassment, Gresham added.

this shows that it was not taken lightly by the college and was a balanced hearing not a group of 5 old fellas still thinking it’s the 1940's. the 5-0 ruling shows they had no doubts.

With the verbal harrasment its hard to judge that without knowing the whens and wheres again.

http://www.dailytarheel.com/article/2013/02/gambill-at-fault-lawyer-says

Now do not get me wrong I do not support rape in any way shape or form and if she was attacked then she has my symapthies but the story just doesn't seem to add up and now she is stuck. If she backs down and comes clean saying that she made it up all support and friends will be lost.

It reminds me of the case where a teenage guy was accused and sentanced as he pleaded guilty (plead guilty under 18 lesser sentence, if he faced a jury as a big black american footballer it might not go well and that would mean a 20+ year sentance). She was awarded 1.5 million by the school.

Years later when he is released she asks to meet him, thinking ahead he gets in contact with his lawyer and they record the meeting where she admits she made the whole thing up.

The sad thing is there are lots of stories like this. http://www.reddit.com/r/MensRights/ is full of them. Guys lifes are ruined by women in these cases. IMO if it’s a false charge the woman should receive the sentence that the guy would have. In some he said she said cases this may not be applicable but when CCTV footage or similer places him in a different location (refering to the English woman again) they should be jailed for a long long time. (for the record she got 11 months)

suicide_circus

Wtf?
Why would you report a crime as serious as rape to college authorities and not the actual police?! How the hell does a makey upy college court have jurisdiction over rape cases? Shouldnt they be dealing with campus curfew violations and frat keggers?

danniemcq

suicide_circus wrote: »

Wtf?
Why would you report a crime as serious as rape to college authorities and not the actual police?! How the hell does a makey upy college court have jurisdiction over rape cases? Shouldnt they be dealing with campus curfew violations and frat keggers?

IIRC the college if find in favour of her would then pass this case on to the proper autorities. i guess this would give her more credability in a he said/she said case.

however even after it was dropped by campus she still did not go to the cops.

BTW i know this is a very touchy subject so if anyone can correct any points i made in this or my previous post please let me know

coffee_cake

Come on, the timing thing is not an issue - how many women have been too terrified to go and report it despite support, and have only been able to actually handle the reporting and recounting all the awful details at a much later date? Not reporting something like rape straight away - particularly as an abused person, if she was (and having no kids or debts doesn't mean you can't be in an abusive relationship?!) - is not in and of itself cause for doubt.

suicide_circus

danniemcq wrote: »

IIRC the college if find in favour of her would then pass this case on to the proper autorities. i guess this would give her more credability in a he said/she said case.

however even after it was dropped by campus she still did not go to the cops.

BTW i know this is a very touchy subject so if anyone can correct any points i made in this or my previous post please let me know

So while the college court faff around, the accused is free from state investigation and can potentially go round raping at will.....great system.

ResearchWill

bluewolf wrote: »

Come on, the timing thing is not an issue - how many women have been too terrified to go and report it despite support, and have only been able to actually handle the reporting and recounting all the awful details at a much later date? Not reporting something like rape straight away - particularly as an abused person, if she was (and having no kids or debts doesn't mean you can't be in an abusive relationship?!) - is not in and of itself cause for doubt.

The timing thing becomes an issue if not explained. There can be many explanations given, fear, feeling trapped, not wanting people to know or he will change. When an explanation is given it can and usually is accepted. But if no explanation is given then a question must be raised.

ResearchWill

suicide_circus wrote: »

So while the college court faff around, the accused is free from state investigation and can potentially go round raping at will.....great system.

I have not seen that claim made any where.

Lollipops23

I don't understand why the regular police force aren't the correct law enforcement body to pursue this? I can understand having an "honour court" for minor offences on campus (vandalism etc), but rape? That's one of the most serious crimes in existence, and should be treated as such by the courts of law.

Chucky the tree

The way the article is written which automatically assumes her ex-boyfriend is guilty highlights how this source clearly biased in their reporting of the situation.

Lollipops23

Chucky the tree wrote: »

The way the article is written which automatically assumes her ex-boyfriend is guilty highlights how this source clearly biased in their reporting of the situation.

I think it highlights the poor "honour court" system tbh.

Chucky the tree

Lollipops23 wrote: »

I think it highlights the poor "honour court" system tbh.

Well I don't know much about the honour code system and I wouldn't trust anything written in that article so I wouldn't agree with that.

danniemcq

bluewolf wrote: »

Come on, the timing thing is not an issue - how many women have been too terrified to go and report it despite support, and have only been able to actually handle the reporting and recounting all the awful details at a much later date? Not reporting something like rape straight away - particularly as an abused person, if she was (and having no kids or debts doesn't mean you can't be in an abusive relationship?!) - is not in and of itself cause for doubt.

knew that comment would come back at me but i don't mean its not impossible and that she should have just uped and left. I know its not that simple. There is always going to be complications but what i am saying is that she had more chance to get away than other people.

When she eventually did come forward she went with the college board instead of the proper authorities.

Saying that its not an issue with timing it can be without proof. The Jimmy Saville case has come to light due to multiple sources and upon investigation a lot more proof or at least alledged proof.

So in this case with a he said she said case timing is very important if there is no other proof.

Now i know she could have been in an abusive relationship and couldn't get out. She was afraid to come forward for whatever reasons but... when she eventually does she did not go to the proper authorities, and as of yet i don't believe she has gone to the cops with the case. Instead she is ruining this guys reputation. I know she hasn't mentioned names but you can imagine it wouldn't be to hard to find out with descriptions, a list of her ex's and talk around school.

suicide_circus wrote: »

So while the college court faff around, the accused is free from state investigation and can potentially go round raping at will.....great system.

what would you prefer? that they lock him in the basement? innocent until proven guilty remember

danniemcq

chucky the tree wrote:

The way the article is written which automatically assumes her ex-boyfriend is guilty highlights how this source clearly biased in their reporting of the situation.

Lollipops23 wrote: »

I think it highlights the poor "honour court" system tbh.

nope i'm gonna have to agree with chucky on this one too. just reread the article and got to this line

allegedly by creating an “intimidating” environment to her rapist,

the fact that no charge has been brought to the cops, the college court has found him innocent and he faces 0 charges yet the article uses allegedly when talking about her actions but refers to him as a rapist.

This article is clearly biased bollix

LuckyLloyd

That's a dreadful article, the bias literally drips from every sentence.

She seems to have been unable to prove her accusation.