http://www.realclearpolitics.com/articles/2015/01/02/u-va_reaction_to_rape_claim_worse_than_at_duke.html
U-Va. Reaction to Rape Claim: Worse Than at Duke?
By KC Johnson and Stuart Taylor Jr. - January 2, 2015
Depressing
similarities link the two highest-profile allegations of campus sexual
assault in recent years -- the fraudulent gang rape claims against Duke
lacrosse players in 2006, and Rolling Stone writer Sabrina Erdely’s
multiply discredited portrayal in November of a sadistically brutal gang
rape at a University of Virginia fraternity.
Even more
depressing is another comparison between the two cases. While campus
journalists and many other students at Duke were refreshingly open to
evidence and critical thinking as the case there unfolded, the vast
majority of U-Va. students have been sheep-like. They have emulated --
or at least tolerated -- the anti-male prejudices of U-Va. academics and
administrators. Some have even called for secret criminal trials in
rape prosecutions.
As to lacrosse case similarities, the most
obvious was the initial mob-like rush to judgment at U-Va. by
left-leaning faculty, administrators, and news media in embracing the
now-infamous claim by “Jackie” of being gang-raped on a bed of shattered
glass. By presuming the guilt of college men accused of implausibly
barbaric crimes against women and minorities, these academics were
oblivious to the lessons from Duke.
Not unlike the 88 Duke
professors who signed a public statement in 2006, which included a
thank-you to protesters who had urged the team captains’ castration,
those U-Va. professors who individually spoke up immediately after the
Rolling Stone article were eager to see it as exemplifying a campus
“rape culture” of which there is little hard evidence.
Then there
is the lamentable performance of school President Teresa Sullivan, who
has rivaled the shameful indifference to due process shown by Richard
Brodhead, who is, alas, still Duke’s president. Sullivan’s sins include
using the Rolling Stone article as an excuse to accuse seven unnamed
fraternity members of “evil acts” and to suspend all U-Va. fraternities
both before and after the accuser’s story unraveled.
And while
The Washington Post’s excellent work exposing Rolling Stone’s errors of
omission and commission was a welcome change from the newspaper's own
shoddy journalism in the lacrosse case, the New York Times continued its
pattern of presuming the guilt of accused males. Its Duke coverage was
exposed long ago as so appallingly biased as to prompt apologies from
multiple editors. True to form, the Times disgraced itself yet again in
early December by running an article aggressively defending Erdely’s
piece just as it was collapsing.
The one encouraging on-campus
aspect of the Duke case was the reaction of many students, including the
award-winning news and editorial team at the student newspaper, The
Chronicle.
During the many months when Brodhead and his
professors were treating lacrosse players as presumptively guilty
pariahs, student journalists dispassionately analyzed events and
repeatedly scooped the national and local news media. Chronicle
commentators, most notably Kristin Butler, eviscerated the cowardice of
campus elders. Students also recognized Durham District Attorney Mike
Nifong’s lies far sooner than did their teachers, and worked to change
the system by registering voters to oppose Nifong at the ballot box.
The
responses of the vast majority of U-Va. students to the Rolling Stone
fiasco were far less inspiring. It was, of course, predictable that
self-styled victims’ rights activists would embrace Rolling Stone’s
version of events. Less predictable, and more striking, was the
uncritical acceptance of Jackie’s wild tale by the student newspaper,
the Cavalier Daily. Until late December, its coverage mirrored Rolling
Stone’s, even as various off-campus publications shredded Jackie’s
varying accounts.
Instead, the newspaper’s executive editor,
Katherine Ripley, was busy sending tweets with the hashtag
#IStandWithJackie about how the Jackie story “resonated with me.” (Ms.
Ripley hasn’t revealed which of Jackie’s mutually contradictory stories
she believes; her most recent tweets have utilized the
#IStandWithSurvivors hashtag.) Assistant Managing Editor Julia Horowitz
proclaimed that “to let fact checking define the narrative would be a
huge mistake.”
Even U-Va. fraternity members, President
Sullivan’s most immediate targets, meekly accepted their ill-considered
suspension without critical scrutiny either of Jackie’s now-discredited
claims or of their own alleged complicity in a supposed “rape culture.”
While a national organization of fraternities demanded that Sullivan
apologize, the fraternities at U-Va. made no such demand.
Indeed,
the school’s fraternity council recently joined with the student
council and various victims’ rights groups to recommend that the state
of Virginia change its laws to hold secret trials, with the public
excluded, in all criminal prosecutions for rape -- a stunning call for
star-chamber-style railroading of accused males.
The student
coalition also expressed hope that the university would provide accusers
access to legal counsel (their recommendations contained no reference
to accused students’ need for lawyers), while ordering all future U-Va.
students to take a course in “Women and Gender Studies.” At Duke eight
years ago, by contrast, a similar curricular proposal won support only
from the most extreme anti-lacrosse faculty members, and even the
Brodhead administration elected not to embrace it.
What explains
this difference between students at Duke in 2006 and U-Va. now? We
cannot be sure. But we do know that the past eight years have witnessed a
profound effort to devalue due process for students accused of sexual
assault, regardless of the merits of the accusation. This trend, which
was ably analyzed by Peter Berkowitz, has been accelerated by Obama
administration demands that campuses significantly weaken their already
weak procedural protections for accused students or face crippling
cutoffs of federal funds. The inevitable result will be more convictions
-- whether the accused was guilty or not.
Today’s students have
been bombarded with the president’s assertions that “one in five women
on college campuses has been sexually assaulted during their time there”
and similar claims by other officials, journalists, and academics. As
Slate’s Emily Yoffe has observed, this absurd figure (which since has
been discredited by the Bureau of Justice Statistics) implies that the
typical college campus has the same rate of rape as war-torn areas of
the Congo.
Yet powerful media voices, ranging from the New York
Times to Huffington Post to BuzzFeed, have touted the claim while
aggressively promoting the dubious “rape culture” narrative. They’ve
done so through dozens of articles portraying sexual assault accusers
who failed to prevail in campus disciplinary cases as victims of gender
discrimination.
And the nation’s most prestigious universities,
including U-Va. and Duke, have pushed such ideologies of resentment --
in their reeducation-camp-style “orientation” sessions for new students,
in the extremist race/class/gender teachings that dominate many
humanities courses, and in the kangaroo-court disciplinary systems that
have censored expression of “offensive” political views as well as
railroading dozens of students on rape charges that appear to be based
on flimsy evidence.
In such an environment, it might be
understandable that few students would risk being branded as “rape
apologists” by defending due process. In this respect, the U-Va. student
response may evidence a troubling trend over the last eight years. In
any event, it surely illustrates a poisoned campus culture that has
implications far beyond Charlottesville.
//
KC Johnson is a
history professor at Brooklyn College and the CUNY Graduate Center.
Stuart Taylor Jr. is a Washington writer and Brookings Institution
nonresident senior fellow. They co-authored the 2007 book “Until Proven
Innocent: Political Correctness and the Shameful Injustices of the Duke
Lacrosse Rape Case.”