3 ms·
The court system is a very rigid structure. It's costly, and in the USA inherently has components that make it ineffective to addressing rape accusations, parti
by scarmig 7y ago
The court system is a very rigid structure. It's costly, and in the USA inherently has components that make it ineffective to addressing rape accusations, particularly the right to cross examine the accuser and how a good defense attorney will use that right. Oftentimes a victim doesn't want to go through that process and is mostly interested in not having to be confronted with their rapist every day.
That doesn't mean anything, one way or another, about how well these university tribunals work. It's just pointing out deficiencies in the existing court system.
Another way to think of it is balancing false negatives and false positives. The court system, ideally, errs on the side of minimizing false positives, because of how damaging they are for the accused. That inherently means more false negatives, and aspects of the process that are also much more burdensome for victims to navigate. Universities are trying to create an alternative system, where more false positives are accepted and consequences are less severe, and more focused on making sure the victim doesn't have to confront their rapist in day-to-day life than on life-altering consequences for the accused or protecting the public more generally from repeat offenses.