According to statistics from CBS News, 71 percent of rape offenders will rape again, and with non-stranger cases "it's somewhere in the neighborhood of 3, 4, 5, 6 offenses at least per rapist," quoting David Lisak, an expert on rape cases from the University of Massachusetts. According to the Rape, Abuse, and Incest National Network, only 6 percent of rapists will ever spend a day in jail. In comparing the statistics from Lisak to the statistics from RAINN, one can see the importance of a strict policy on sexual assaults at the University.
Within the University community, there are inadequate responses to rape and sexual assault cases. A 2004 article from the Hook magazine titled "How UVA turns its back on rape" argues that "one of the most bitter ironies for U.Va. rape victims is that the school seems to reserve its harshest penalties not for sexual predators, but for students who violate the Honor Code. Honor violators draw just one penalty: immediate and permanent expulsion." According to the Hook, the reasoning for this discrepancy offered by former Associate Dean of Students Shamim Sisson is that the "ambiguities in many sexual assault cases make a 'single sanction' response difficult." The reasoning behind the single sanction's existence, according to a 2007 article published in "Virginia Law Weekly," is that "the assumption that Virginia students are trustworthy until proven otherwise is at the heart of the Honor System, and its supporters believe the Single Sanction is justified because honor violations are a serious challenge to the "community of trust" assumption." According to Claire Kaplan, the Director for Sexual & Domestic Violence Services at the University Women's Center, "Students have complained about this fact for years. I'm of several minds here: first, the single sanction is highly unpopular among many students and even more administrators and faculty, precisely because it really doesn't work very well. Why imitate a system that is so flawed in the first place? Secondly, since this article was published, the Sexual Assault policy has changed so that suspension or expulsion must be considered in cases of sexual assault (when there is a guilty finding)." Kaplan goes on to question the system's effectiveness. "Anyone who commits such a crime - and rape and some types of sexual assault are felonies in this state - should be expelled. But most cases do not result in a finding of guilt for sexual assault. Rather, they are found guilty of sexual misconduct, which is a lesser offense."
The University, after the publishing of the 2004 article in the Hook, attempted to place a gag order on the victim that decided to speak out against her rapist, on account of violating his/her attacker's rights. The University then had to reverse this policy in 2005 as it came into direct conflict of the Clery Act. The 2004 Hook article goes on to state that the University uses suspension as an appropriate response to sexual assault rape cases. However, the idea that sexual assault and rape cases are not treated as seriously as honor offenses is unacceptable. If a student takes advantage of another student while he or she is incapacitated, or worse yet actively tries to incapacitate them, is that not a violation of his or her honor? Technically, to take something without consent is to steal, which makes it a clear honor code violation.
There needs to be stronger efforts by the state of Virginia, as well as the University, to give incentives for students to come forth about sexual assaults and rape. As the University group One-In-Four derives its name from the statistic that "one in four college women report surviving rape or attempted rape since their 14th birthday," we can tell that rape and sexual assault affects many people. When we couple those statistics with RAINN's report that "college age women are four times more likely to be sexually assaulted" and "60% of sexual assaults are not reported to the police," we can see the importance of having a reliable, just reaction to these cases. Even more sobering, RAINN illustrates that "15 out of 16 rapists will walk free."
The Hook's 2004 article states that "Charlottesville Commonwealth's Attorney Dave Chapman says many cases do boil down to dueling 'he said/she said' charges which simply aren't enough to win a court battle." Regardless of the law, the University operates within its own rules that are within the law. If a student commits a crime, he should no longer be part of the University. After all, don't all honor cases originate from he said - she said?
Ashley Ford's column appears Tuesdays in The Cavalier Daily. She can be reached at a.ford@cavalierdaily.com.
Read More
IYER: Sports stadiums should sport more benefit to Virginia residents
By Arjun Iyer | YesterdayPast stadiums in other states show that Virginia has the potential to succeed at such a construction project, provided that proper measures are undertaken.
KURTZWEIL: True financial aid must be transparent
By Paul Kurtzweil | 5 days agoThe implications and revelations of the lawsuit should inspire greater transparency at the University in order to ensure that financial aid is properly and equitably distributed.
SULLIVAN: Ramp up physical accessibility on Grounds
By Scarlett Sullivan | April 27, 2024The University must take responsibility for the inaccessibility of Grounds and work to promote accessibility for all students despite misguided laws.
