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News.com.au complains that Courts and Universities aren't taking "disciplinary action" against students accused of rape...in the absence of any kind of investigation, trial or conviction. True guilt upon accusation.

[deleted]

July 6, 2016
29 upvotes
/r/MensRights
http://www.news.com.au/lifestyle/real-life/news-life/shocking-sexual-assault-statistics-revealed-as-more-victims-come-forward-to-newscomau/news-story/7430ae1f269d97cc020fdc92b312abf9
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Title News.com.au complains that Courts and Universities aren't taking "disciplinary action" against students accused of rape...in the absence of any kind of investigation, trial or conviction. True guilt upon accusation.
Author

[deleted]

Upvotes 29
Comments 7
Date July 6, 2016 8:47 AM UTC
(10 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/4rhkrz/newscomau_complains_that_courts_and_universities/
Archive Link https://theredarchive.com/r/MensRights/newscomau-complains-that-courts-and-universities.946045
https://theredarchive.com/post/946045

Comments

[–]babno 2 points3 points4 points 10 years ago (1 child) | Copy Link

Seems like they're complaining that they're not referred to the police, which imho I think is the way it should be. Police should handle criminal conduct, not universities.

[–]sonofdavidsfather 0 points1 point2 points 10 years ago (0 children) | Copy Link

I totally agree. Working in higher ed, I don't feel that the people i deal with regularly are up to the challenge of investigating, prosecuting, and ruling on criminal matters. Thats why there is a whole criminal justice system.

[–]ThirdTurnip 1 point2 points3 points 10 years ago (3 children) | Copy Link

Complete garbage article.

Australian Universities already completely screw up sexual harassment complaints. Woman threatens man in writing for refusing to date her. Man refuses again. Woman lodges transparently false accusation of sexual harassment against man in retaliation. Man's guilt assumed and he is instructed to apologise without even being told what he's been accused of.

Woman is advised that man is gay. Instantly drops complaint against him and makes a full written confession. Confession ignored by university investigation. Instead they falsely claim the man confessed in writing - a non-existent document - and find him partially guilty.

Could you imagine what they'd do with rape investigations?

This article's author seems utterly clueless about AVO's too. They certainly cannot be taken as any indication of guilt because they're handed out like candy. My harasser and stalker created a hotmail account with my name and sent herself a series of death and rape threat emails, which the police later proved and she confessed to. But she was transparently stalking me and that's all it took to for me to be on the receiving end of an AVO.

Even if the magistrate who granted the AVO clearly shouldn't have, it costs a small fortune to get one overturned.

[–]Singulaire 0 points1 point2 points 10 years ago (2 children) | Copy Link

Do you have a source for this? I would be very interested in reading it.

[–]ThirdTurnip 1 point2 points3 points 10 years ago (1 child) | Copy Link

That'd be me. I sued but they dragged it out in court for years and eventually broke me.

The judge conceded that I had definitely been harassed, but not sexually harassed. He refused to consider that I had been discriminated against in the manner in which the 'investigation' had been conducted except for the initial instruction to apologise. He also wouldn't consider that I'd been victimised.

On appeal a federal court judge ruled that he shouldn't have dismissed the sexual harassment part of the case.

But then the court breached my privacy and gave my harasser / stalker - who was on probation for trying to strangle her ex-boyfriend when she was stalking and harassing me - my home address. Then the judge threatened to throw the case out if I didn't immediately provide everyone, including her, with my new home address after I'd moved.

That was the end for me.

There was an academic expert on bullying who was very keen to publish it as a case study. Cases are supposed to be finalised within one year but it was in court so long (four years) that he'd retired before it ended. The uni needed that time to threaten and corrupt inconvenient witnesses, the vc to retire, the dvc to get a vc position at another uni and national honours for her for services to industrial relations in tertiary education. Ha!

I should publish it online myself with all the documentation. For educational purposes. I just need to be able to look at the docs without shaking. Yay trauma.

[–]Singulaire 0 points1 point2 points 10 years ago (0 children) | Copy Link

Damn, man. I never realised things were so bad over here as well as in the US.

I should publish it online myself with all the documentation. For educational purposes. I just need to be able to look at the docs without shaking. Yay trauma.

I hope both of these things can happen some day.

[–]Tedesche 0 points1 point2 points 10 years ago (0 children) | Copy Link

Eh...some of what this article asserts is troubling from a men's rights perspective, but the general point is not. It's a valid complaint that the university isn't referring the cases that do get reported to the police.

However, the statistics the article cites about people who claim they experienced sexual assault, but didn't report it, and then the contention that this means one instance is occurring a day is overblown and hysteria-fueling. Many people experience what they would consider to be "technically" or "borderline" sexual assault in the form of mild unwanted touching (e.g. on the arm or shoulder), but don't feel the issue serious enough to make a big deal out of it by making an official complaint. A lot of what the news hubbub around this issue fails to appreciate is that regular people often appreciate the social complexities and contexts of these incidents far more than do politicians, politically-motivated researchers, and activists.

Nonetheless, if universities are not referring the complaints that are made to police, then they are failing in their duty to hep these students and are likely trying to preserve their reputation by hiding such reports. I would agree with many others here that universities shouldn't be in this position to begin with, and that complainants should go to the police directly, but that is not the present state of the law, so the complaint that they're not reporting the complaints is valid. The article even mentions a male victim specifically, which I was very heartened to see, since it suggests the narrative about sexual assault being a female-only problem is changing.

So, some problems with the article, but I think the general point it's making is a valid one.

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