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Local police departments play a crucial role in combatting college sexual assault

A New York Times investigation into the experiences of sexual assault survivors at Florida State University revealed that many student survivors who report their assaults to the police end up being dismissed as “uncooperative.” One example cited in the Times article involved a woman who reported her rape to the Tallahassee police. When she subsequently said she was unsure whether she wanted to prosecute the perpetrator, an officer wrote she was “unwilling to cooperate” and closed the case.

Many critics of prominent initiatives to combat campus sexual assault argue these cases should be handled by local police departments and courts rather than universities, because universities do not have any expertise in investigating and adjudicating such cases. The most crucial difference between the two is that if a student makes a report via the local police department, there is the possibility that the perpetrator will go to jail. The most serious sanction a university can deliver is expulsion, and though this may make the student safer, it still releases the perpetrator back into the world to commit another offense at a difference institution.

But even when survivors — students or not — report to local police, the vast majority of rapists never go to jail; there are few prosecutions, and even fewer convictions. If police departments had good records of consistently investigating rape cases and bringing them to trial, perhaps more student survivors would choose that option. But the New York Times’ article indicates that the police are too quick to dismiss cases, and accusers are often wrongly branded as unwilling to cooperate.

Though it is crucial a survivor’s wishes be respected during an ongoing investigation, to dismiss a case prematurely only increases distrust in the police and allows sexual crimes to continue. It is understandable for a survivor to be unsure about whether she wants to go to court, but a thorough investigation may be necessary to help her make that decision. The strength of the evidence against the perpetrator may be the reassurance she needs in order to testify. But she will never be able to make that decision if a case is flippantly dismissed. It is also possible to prosecute a rapist even if an accuser is uncomfortable testifying, which may be necessary if the perpetrator is a threat to the community.

Trends like those in Florida may be a reason students feel more comfortable using a university system to report and pursue their cases, as opposed to a local police department. The expertise argument would hold more weight if local precincts were more effective at prosecuting cases. They need to improve their methods and their policies before students will consider them a viable option.

Some universities have recognized that their own systems for addressing sexual misconduct need to be improved as well. The University has advertised two investigator positions, to separate the survivor advisory role from the investigative role, which are currently fulfilled by the same University administrator. Such a change will increase the amount of expertise in the department and provide the students with more resources.

Students may feel more comfortable reporting to their university because they believe they will find more allies in the university system, and that their cases will more likely be prioritized. But even perfectly functioning university systems will never be capable of delivering the sanctions the criminal justice system can. Improving both is crucial in the fight against sexual violence, both on college campuses, and in the larger community.

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