When a Student Confides a Rape, Should a Professor Have to Report It?

[branford]

129. You really didn't address my point.

A discussion of semantics does not resolve the due process concerns related to the new Dept. of Education regulations and the ensuing legal uncertainty and potential liability.

For purposes of our discussion, in our hypothetical let's agree that a a female student was in fact sexually assaulted (a victim) and then filed a complaint with the university. Should the man (or woman) accused of the assault be presumed innocent and entitled to due process and an opportunity to adequately defend themselves against the charges? If after such recognized due process, guilt cannot be ascertained by any acceptable legal standard (civil or criminal), as you admit is often the case, should they still be punished?

No one is denying that sexual assault is a horrible and serious crime or, in many circumstances, very difficult to prove. Additionally, no one, including me, is belittling your personal circumstances (I don't even know you), whatever they may be. However, obviating Constitutional protections and the underpinnings of western jurisprudence is not the morally or legally appropriate means to fight campus sexual assault.

Based on your post, it appears that district attorney and/or police might not have taken you claim seriously or engaged in a diligent investigation. I would suggest revising the procedures on how sexual assault claims are investigated and prosecuted by the government authorities might be the more appropriate avenue of reform, rather than ignoring or eviscerating the fundamentals of our justice system.