California Supreme Court declares students accused of sexual misconduct cannot cross-examine accusers

lu5ty · 2023-09-02T02:02:14+00:00

The 6th amendment of the Constitution grants us the right to face our accuser. This is the courts breaking the law.

AlohaChris · 2023-09-02T00:43:20+00:00

Men will start counter-claiming sexual assault as a defense. Two can play at this game.

SouthernSeeker · 2023-09-02T00:02:22+00:00

So, it's not just Biden anymore. How the hell did "basic due process rights" become anathema to these people?

I miss the days when McCarthyism was seen as a BAD thing.

Embarrassed-Tune9038 · 2023-09-02T01:42:58+00:00

Okay, use it against women. Use all the tools they array against you, against them.

plumberack · 2023-09-02T08:11:46+00:00

Parents should start teaching their sons about the dangers of these laws. Sex in colleges is not worth the risk fighting against your accusation.

Mobile_Lumpy · 2023-09-02T01:09:11+00:00

Yea my state is a lost cause. I'm not even surprised by this anymore.

Harrison-Floored · 2023-09-02T14:11:34+00:00

We must believe all women. Women never make false accusations./s

Elegant-Tackle-6234 · 2023-09-02T02:06:16+00:00

In the future, can someone tell me if he's guilty or not .

Perfect_Sir4820 · 2023-09-02T03:00:06+00:00

Meh. Schools are not courts so they can do whatever they want. The good news is that real courts are holding them liable when they fail to act impartially. Let the falsely accused sue them into oblivion.

Fuddbeast · 2023-09-02T15:00:27+00:00

This looks like it got a lot of knee-jerking from the crowd. I'm not sure many people read it. I posit this is a good thing, but you'll need the patience to wait to the end.

They aren't taking away anyone's ability to contradict an accuser, mount a defense, or even sparing the accuser from a cross-examination. They are simply ruling that the accused may not do it in the school venue. There are many virtues here:

You are not a professional. It's a school, so best-case scenario, you have some law student accused and familiar with the system and case study. Great, you still aren't a lawyer. You can still get a lawyer to represent you and cross-examine the witness, you just can't do it.
They are not professionals. Many of these "trials" run through administrators and student boards that mimic what they see on television, and try to include some sense of justice marked by modern life. This is not necessarily a bad thing, as a reflection of culture is appropriate to the setting.
There are bad actors. Whinge all you want, but there are people who actively seek to drag out proceedings or humiliate others. People who are innocent and people who are guilty. At best, it deteriorates into a he-said, she-said argument in front of the fore-mentioned administrators, and there is no victory other than a pyrrhic one.

The thrust of the article, if you read, was that these cases shouldn't appear in student "court" at all. It is moving toward a more fair system. Yes, complain how the courts aren't fair or whatever you want, but you can pick your poison. A statement made to some student's favorite teacher that ends up in referral and summons, or filling out a legal, permanent record that must be substantiated.

griii2 · 2023-09-02T10:22:29+00:00

There is this recent case where a real court allowed that falsely accused student can sue the accuser because because the college courts do not guarantee fair trial to the accused.

I need to find the link and post it.

Title	California Supreme Court declares students accused of sexual misconduct cannot cross-examine accusers
Author	Heavy_Grand2526
Upvotes	127
Comments	29
Date	September 1, 2023 11:18 PM UTC (2 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/167md89/california_supreme_court_declares_students/
Archive Link	https://theredarchive.com/r/MensRights/california-supreme-court-declares-students-accused.1230333 https://theredarchive.com/post/1230333

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