Tuesday Reads: Emily Yoffe and the Problem of Sexual Assault on College Campuses

William W. Churchill, Woman Reading on a Settee

William W. Churchill, Woman Reading on a Settee

Good Morning!!

This morning I read a long article by Emily Yoffe at Slate about The Hunting Ground, a documentary about rape on college campuses, How The Hunting Ground Blurs the Truth. I haven’t seen the film, but Yoffe says that CNN plans to show it in the future so maybe we’ll all get to see it eventually. Anyway, I thought I’d present Yoffe’s arguments and some of the responses to her previous posts on the subject and see what you think.

In the article, Yoffe focuses one of the cases presented in the film, listing a number of facts and inconsistencies that she says were ignored by the filmmakers. She also demonstrates a great deal of sympathy for the man who allegedly committed the sexual assaults.

Arthur M. Hazard, Woman Reading in an Interior

Arthur M. Hazard, Woman Reading in an Interior

Some excerpts:

The recent documentary The Hunting Ground asserts that young women are in grave danger of sexual assault as soon as they arrive on college campuses. The film has been screened at the White House for staff and legislators. Senate Democrat Kirsten Gillibrand, who makes a cameo appearance in the film, cites it as confirmation of the need for the punitive campus sexual assault legislation she has introduced. Gillibrand’s colleague Barbara Boxer, after the film’s premiere said, “Believe me, there will be fallout.” The film has received nearly universal acclaim from critics—the Washington Post called it “lucid,” “infuriating,” and “galvanizing”—and, months after its initial release, its influence continues to grow, as schools across the country host screenings. “If you have a daughter going to any college in America, you need to see The Hunting Ground,” the MSNBC host Joe Scarborough told his viewers in May. This fall, it will get a further boost when CNN, a co-producer, plans to broadcast the film, broadening its audience. The Hunting Ground is helping define the problem of campus sexual assault for policymakers, college administrators, students, and their parents.

The film has two major themes. One, stated by producer Amy Ziering during an appearance on The Daily Show, is that campus sexual assaults are not “just a date gone bad, or a bad hook-up, or, you know, miscommunication.” Instead, the filmmakers argue, campus rape is “a highly calculated, premeditated crime,” one typically committed by serial predators. (They give significant screen time to David Lisak, the retired psychology professor who originated this theory.) The second theme is that even when school administrators are informed of harm done to female students by these repeat offenders, schools typically do nothing in response. Director Kirby Dick has said that “colleges are primarily concerned about their reputation” and that “if a rape happens, they’ll do everything to distance themselves from it.” In the film, a former assistant dean of students at the University of North Carolina, Melinda Manning, says schools “make it difficult for students to report” sexual assault in order to avoid federal reporting requirements and to “artificially keep [their] numbers low.”

One of the four key stories told in the film illustrates both of these points. It is the harrowing account of Kamilah Willingham, who describes what happened during the early morning hours of Jan. 15, 2011, while she was a student at Harvard Law School. She says a male classmate, a man she thought was her friend, drugged the drinks he bought at a bar for her and a female friend, then took the two women back to Willingham’s apartment and sexually assaulted them. When she reported this to Harvard, she says university officials were indifferent and even hostile to her. “He’s dangerous,” she says in the film of her alleged attacker, as she tries to keep her composure. “This is a rapist. This is a guy who’s a sexual predator, who assaulted two girls in one night.” The events continue to haunt her. “It’s still right up here,” she says tearfully, placing a hand on her chest.

William W. Churchill, Leisure

William W. Churchill, Leisure

You’ll probably have to read the entire article to get a full understanding of this case, but this should give you a sense of where Yoffe is coming from:

I looked into the case of Kamilah Willingham, whose allegations generated a voluminous record. What the evidence (including Willingham’s own testimony) shows is often dramatically at odds with the account presented in the film.

Willingham’s story is not an illustration of a sexual predator allowed to run loose by self-interested administrators. The record shows that what happened that night was precisely the kind of spontaneous, drunken encounter that administrators who deal with campus sexual assault accusations say is typical. (The filmmakers, who favor David Lisak’s poorly substantiated position that our college campuses are rife with serial rapists, reject the suggestion that such encounters are the source of many sexual assault allegations.) Nor is Willingham’s story an example of official indifference. Harvard did not ignore her complaints; the school thoroughly investigated them. And because of her allegations, the law school education of her alleged assailant has been halted for the past four years.

Yoffe has a history of denying the seriousness of the problem of campus rape (even though in this article she twice *says* it’s a serious issue). Her position seems to be that if college women just stopped getting drunk, rape on campus would be a minor or nonexistent problem.

I found it interesting that she refers to David Lisak’s research on campus rapists as a “theory,” and characterizes his work as “poorly substantiated.” The link to her evidence that Lisak’s work is somehow problematic goes to another article written by Yoffe in which she cites Lisak and another researcher explaining that it’s important to be aware that the (pretty large) sample of UMass students that Lisak used may not be typical of all college populations. This is a standard caveat given in most psychology research papers, because studies on human beings can rarely be representative of the population as a whole. The results need to be considered in the light of other studies and studies of varied populations. That doesn’t invalidate the findings.

Lady reading by a window

Here’s the article in which Yoffe finds fault with Lisak’s research: The College Rape Overcorrection. Again, you probably should read the whole thing, because I can’t represent her arguments in a brief excerpt. Still, here’s a bit of it:

In recent years, young activists, many of them women angry about their treatment after reporting an assault, have created new organizations and networks in an effort to reform the way colleges handle sexual violence. They recognized they had a powerful weapon in that fight: Title IX, the federal law that protects against discrimination in education. Schools are legally required by that law to address sexual harassment and violence on campus, and these activists filed complaints with the federal government about what they describe as lax enforcement by schools. The current administration has taken up the cause—the Chronicle of Higher Education describes it as “a marquee issue for the Obama administration”—and praised these young women for spurring political action. “A new generation of student activists is effectively pressing for change,” read a statement this spring announcing new policies to address campus violence. The Department of Education has drafted new rules to address women’s safety, some of which have been enshrined into law by Congress, with more legislation likely on the way.

Unfortunately, under the worthy mandate of protecting victims of sexual assault, procedures are being put in place at colleges that presume the guilt of the accused. Colleges, encouraged by federal officials, are instituting solutions to sexual violence against women that abrogate the civil rights of men. Schools that hold hearings to adjudicate claims of sexual misconduct allow the accuser and the accused to be accompanied by legal counsel. But as Judith Shulevitz noted in the New Republic in October, many schools ban lawyers from speaking to their clients (only notes can be passed). During these proceedings, the two parties are not supposed to question or cross examine each other, a prohibition recommended by the federal government in order to protect the accuser. And by federal requirement, students can be found guilty under the lowest standard of proof: preponderance of the evidence, meaning just a 51 percent certainty is all that’s needed for a finding that can permanently alter the life of the accused.

a-woman-reading Gyla Benczur

More than two dozen Harvard Law School professors recently wrote a statement protesting the university’s new rules for handling sexual assault claims. “Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process,” they wrote. The professors note that the new rules call for a Title IX compliance officer who will be in charge of “investigation, prosecution, fact-finding, and appellate review.” Under the new system, there will be no hearing for the accused, and thus no opportunity to question witnesses and mount a defense. Harvard University, the professors wrote, is “jettisoning balance and fairness in the rush to appease certain federal administrative officials.” But to push back against Department of Education edicts means potentially putting a school’s federal funding in jeopardy, and no college, not even Harvard, the country’s richest, is willing to do that.

Again, Yoffe focuses sympathetically on one case involving a male student at the University of Michigan, Drew Sterrett. She also cites research by Callie Marie Rennison and Lynn Addington, who found that non-college women are in greater danger of rape than college women. She doesn’t address the issue that universities are entrusted by parents with protecting young people who may be away from home for the first time.

woman reading1

In an article from October 2013, Yoffe really gets to the point: College Women: Stop Getting Drunk. It’s closely associated with sexual assault. And yet we’re reluctant to tell women to stop doing it. Again, just a brief excerpt:

Let’s be totally clear: Perpetrators are the ones responsible for committing their crimes, and they should be brought to justice. But we are failing to let women know that when they render themselves defenseless, terrible things can be done to them. Young women are getting a distorted message that their right to match men drink for drink is a feminist issue. The real feminist message should be that when you lose the ability to be responsible for yourself, you drastically increase the chances that you will attract the kinds of people who, shall we say, don’t have your best interest at heart. That’s not blaming the victim; that’s trying to prevent more victims.

Experts I spoke to who wanted young women to get this information said they were aware of how loaded it has become to give warnings to women about their behavior. “I’m always feeling defensive that my main advice is: ‘Protect yourself. Don’t make yourself vulnerable to the point of losing your cognitive faculties,’ ” says Anne Coughlin, a professor at the University of Virginia School of Law, who has written on rape and teaches feminist jurisprudence. She adds that by not telling them the truth—that they are responsible for keeping their wits about them—she worries that we are “infantilizing women.”

So perpetrators are “responsible for committing their crimes,” but women are the ones who should change their behavior. Why not keep criminals off college campuses and try to prevent both male and female students from drinking so much? Yoffe explains her reasoning at the end of the article:

I’ve told my daughter that it’s her responsibility to take steps to protect herself. (“I hear you! Stop!”) The biological reality is that women do not metabolize alcohol the same way as men, and that means drink for drink women will get drunker faster. I tell her I know alcohol will be widely available (even though it’s illegal for most college students) but that she’ll have a good chance of knowing what’s going on around her if she limits herself to no more than two drinks, sipped slowly—no shots!—and stays away from notorious punch bowls. If female college students start moderating their drinking as a way of looking out for their own self-interest—and looking out for your own self-interest should be a primary feminist principle—I hope their restraint trickles down to the men.

If I had a son, I would tell him that it’s in his self-interest not to be the drunken frat boy who finds himself accused of raping a drunken classmate.

reading-lady-matisse-henri-fauvism-oil-on-cardboard-genre-terminartors-1372947212_org

She is correct that women are affected more quickly by alcohol than men, but is that a reason to focus only on college women’s responsibility for preventing sexual assaults? She actually believes that we should just hope that if women drink less, men will emulate them? Good luck with that.

I’ve found several responses to Yoffe’s previous articles. I’ll watch to see the reactions to the latest one which came out yesterday. Here are some links you can check out if you’re interested.

Emma Gray at Huffington Post: What Slate Gets So Wrong About College Women And Sexual Assault.

Alexander Abad-Santos in The Wire: Slate Forgot That the One Common Factor in Rapes Are [sic] Rapists.

Kate McDonough at Salon: Sorry, Emily Yoffe: Blaming assault on women’s drinking is wrong, dangerous and tired.

Erin Gloria Ryan at Jezabel: How To Write About Rape Prevention Without Sounding Like An Asshole.

Jennifer Baker at Psychology Today (also cited in the main post): Campus Rape Skepticism. How Not to ‘Debunk’ Research.

Josh Beitel at Medium: A Rebuttal to Emily Yoffe’s College Rape Overcorrection.

As always, this is an open thread, so feel free to post your thoughts and links on any topic in the comment thread.


Friday Reads: Why Media Must Examine Record of Cleveland Police Dept. in Violence Against Women Cases

People gather to remember Michelle Knight and release balloons in her honor in a field on Scranton Ave. at Mentor St. on Thurs, May 8, 2013. (Thomas Ondrey/The Plain Dealer)

People gather to remember Michelle Knight and release balloons in her honor in a field on Scranton Ave. at Mentor St. on Thurs, May 8, 2013. (Thomas Ondrey/The Plain Dealer)

Good Morning!!

Yesterday I read something that infuriated me. I usually admire Amanda Marcotte’s writing on women’s issues, but I have real problems with her take on the neighbors of Ariel Castro who claim they called 911 over the years to report suspicious activity at his house on Seymour Avenue in Cleveland. Marcotte can’t believe that the Cleveland police would ignore such reports especially “considering Castro’s frightening history of domestic violence and child abuse.” She even provides links in the opening paragraph to a post at Slate in which she suggests that Castro’s neighbors must be “creating false memories”

As more details emerge from the bizarre kidnapping case in Cleveland, people are beginning to wonder how Ariel Castro could have kept women locked up in his house for a decade without anyone actually noticing that something strange was going on. Enter the neighbors,some of whom are telling the press that they did, in fact, see all sorts of weird behavior—and that they called the police, who did nothing about it. The police, however, are denying these reports, saying that the two visits made to the house in the decade were unrelated to any suspicious activities. Considering Castro’s frightening history of domestic violence and child abuse, it’s hard to imagine the police would just ignore it if the neighbors kept complaining about him doing things like dragging naked women around on leashes in his yard.

So what’s going on? Are all these people lying? Are the cops? Or is this a case of lost records or unrecorded police calls? One possible explanation is that the neighbors are simply caught up in the excitement over a national story unfolding in their backyard, and they’re misremembering their pasts because of it. False memories, particularly regarding incredibly emotional situations, are easier to develop than many realize.

This makes no sense to Marcotte, so she dredges up Elizabeth Loftus’ research on the unreliability of eyewitness testimony and the human ability to create “false memories.” For Amanda Marcotte, who seems to really care about the treatment of women who have been raped and otherwise abused, to excuse the Cleveland PD on this basis is a terrible mistake, in my opinion. Doesn’t she realize that Loftus is an expert witness who testifies almost exclusively for defendants accused of sexual abuse and assault? Couldn’t Marcotte at least look at the history of the Cleveland PD before dismissing accusations against them?

But no, she assumes that surely the Cleveland police department did the best they could, so any neighbor who worried about something being wrong at Castro’s house with it’s high fences, boarded up and trash-bag-covered windows must be “inadvertently” making up past concerns in order to alleviate their guilt or make themselves seem more important. I won’t go into a long essay on the problems with applying Loftus’ research in this case; I’ll just agree that anything is possible. But we need to ask ourselves: what is the most likely explanation in this particular case?

In another post at Slate, Justin Peters “explains” why he thinks the Cleveland PD “did everything they could and it still wasn’t enough.”

Amanda Berry with her arms around her sister and daughter after her escape

Amanda Berry with her arms around her sister and daughter after her escape

No. No, they didn’t. Let’s keep in mind that the Cleveland PD didn’t in fact find Michelle Knight, Amanda Berry, and Gina DeJesus. What happened is that

Berry noticed the front door of the home was unlocked but the outer storm door remained bolted. She was reluctant to attempt an escape because Castro was known to test the women by leaving doors in the house unlocked. He would beat them if they attempted to leave the unlocked rooms, police sources said. Berry made the decision to try to break through the storm door after seeing people on a neighbor’s porch. She gained the attention of neighbors such as Charles Ramsey, and they helped her and her 6-year-old child get out. She called 9-1-1 from a nearby home. [Ramsey was aided by another neighbor Angel Cordero, who wasn’t as good an interview as Ramsey]

When Berry called 911, she got an operator who tried his best to blow her off by saying

Dispatcher: We’re going to send them as soon as we get a car open.

It took Berry’s continued urging to get him to act immediately. Even Charles Ramsey said in his interview with Anderson Cooper, “Bro, this is Cleveland,” seemingly calling attention to the fact that in Cleveland missing women don’t get found in neighborhoods like his. This is a fact that all of Cleveland is aware of, which is why there is a lot of anger toward police in the city right now.

This is a morning reads post, so I’m not going to rant on and on about this. Instead I’ll give you some links to articles that support what I’m saying. But first let me ask a rhetorical question for Slate and Amanda Marcotte: Were the women who claimed they were attacked by now convicted Cleveland serial rapist and murderer Anthony Sowell “creating false memories” when they call 911 and were ignored? Were the neighbors who reported the smell of rotting corpses emanating from Sowell’s house and yard “creating false memories?” What about the thousands of rape kits that Cleveland PD never had tested? Why is the Cleveland Police Department currently under investigation by the U.S. Justice Department?

Violence against women is huge problem in this country, and the Cleveland PD is not alone in treating it as a lower priority than other crimes. IMHO, it’s very important not to forget that. Not ever.

Now I’ll end my rant and give you some links to click on. I know this is a distasteful subject, a painful subject, and I understand why no one really wants to read all the gory details. But sometimes gory details are necessary to wake people up to the reality of what happens to women in this country every fucking day–especially poor women, drug-addicted women, sex workers, and others whom society sometimes sees as “disposable.”

I’ll begin with a video from Democracy Now–an interview with Cleveland reporter Eric Sandy.

Here is Sandy’s article, The Long History of Ariel Castro, Cleveland Kidnapper and Monster. Please note that Castro did come in contact with law enforcement over the years because of his horrific abuse of his wife and children. None of his violent behavior was really taken seriously or adequately dealt with. I apologize for this long excerpt:

Once again, Tomba’s words at the Tuesday morning press conference hang in the air: “Every single lead was followed up no matter how small,” he said. Unavoidable thoughts hearkening back to Anthony Sowell’s 2011 serial murder convictions hang in the air, as well. The rescue at the Seymour Avenue house will bear out a legacy on the backs of all involved, much like Cleveland’s other high-profile crimes.

Stories revolving around Castro’s work as a bus driver and his interactions with family members fill out characteristics about the man – elements of his personality that may have led to both the kidnapping and to his evasion from law enforcement.

In 1993 and 2005, Castro was accused of domestic violence from his one-time wife. The former charges were reduced to mere disorderly conduct, while the latter incident offered grisly imagery of a fractured marriage still capable of wreaking havoc. Castro broke his ex-wife’s nose and ribs, dislocated her shoulders, knocked out one of her teeth and battered her so hard that a blood clot formed on her brain, according to filings in court. In an interview with investigators after the fact, Castro denied ever being abusive toward her.

That filing effectively killed Castro’s chances at even partial custody of his children. Nevertheless, as sources familiar with the man report, his penchant for manipulation pulled Emily and Arlene back into his gravitational pull at times.

Several years after the gross sexual imposition conviction of Colon blew over, Emily Castro gave birth to a girl. It’s unclear who the father was – though speculation points to either a former boyfriend who now lives in Cleveland or, according to the private investigator, something much more untoward, evil, and incestuous.

Emily was living in Fort Wayne, Ind., where she attempted to murder her 11-month-old daughter by slashing her throat four times in 2007. She was later convicted of attempted murder and sentenced to 25 years in prison.

“It is certainly a mystery as to how this happened or why this happened,” Allen Superior Court Judge John Surbeck told The Journal Gazette at the time.

It is indeed a mystery that may yet hold more clues as to who Ariel Castro has been all these years. Any answers that lay within may illuminate a gap in local law enforcement’s own investigations.

Gina DeJesus

Gina DeJesus

More articles to ponder:

Alternet: Why Cops Bust Down Doors of Medical Pot Growers, But Ignore Men Who Keep Naked Girls on Leashes

Daily Mail: Son of ‘abductor’ reveals how father padlocked doors to basement, attic and garage because ‘we weren’t allowed to go there’

Note the padlocked door in the background of the photos, which were taken in 2001–before the abductions of Knight, Berry, and DeJesus took place. Who or what was in those locked rooms at that time?

Daily Telegraph: ‘Ariel Castro locked my sister in a box and beat her’

CNN on the similarities with the Anthony Sowell case: Cleveland abductions a chilling reminder of ‘House of Horrors’

19 Action News: “Note of admission” written by Ariel Castro in 2004

KNYC.com: Police Report

Joan Walsh on the media sliming of Charles Ramsey: Charles Ramsey is still a hero

Plain Dealer: FBI previously investigated stepfather of Ariel Castro’s children in DeJesus and Berry cases.

Note that the stepfather tried to get police and FBI to investigate Ariel Castro in the disappearances. They ignored his pleas, and Castro was used as a source against the stepfather and allowed to testify against him–even with his history of domestic abuse!  Did you know that Castro repeatedly abducted his own daughters?

The Daily Beast: My Neighbor the Monster

Doug Parker owns the home next to Cleveland suspect Ariel Castro. In his first interview, he recalls 20 years of confrontations, a bitter court case, and more red flags….

Parker says the police have been to the house more than they claim. For one, he says, he called the police in May 1996 when Castro pulled fence posts out of the ground and rolled up a chain link fence that ran between the two properties.

“He did it while I was at work, so I couldn’t stop him,” Parker says.The posts had been buried 18 inches, leaving holes that DeaAna, 6 years old at the time, tripped over while playing and injured herself. “The cops came, we talked, and one of them suggested I go to court on this,” Parker says. “And that’s what I did.”He was awarded $900 in damages and Castro was ordered to put the fence back up.

I guess those court records must have gone missing…

The Daily Beast: Cleveland Kidnapping, Anthony Sowell Case Linked by Indifferent Police

If you are stunned that three Cleveland women could be held captive for a decadewithout being discovered, then you are unacquainted with the case of Anthony Sowell, also known as the Cleveland Strangler.

Sowell was a registered sex offender who remained at liberty despite a series of sexual-assault complaints against him, until the police finally acted and discovered the bodies of 11 murdered women in his house and backyard.

At least some of those murders and rapes could have been prevented if the police had not reacted so indifferently when a distraught woman called them in September 2008, after being repeatedly raped, beaten, and choked by Sowell. She had at one point sought refuge in a bathroom, where she saw a headless body wrapped in plastic and positioned in a sitting position in the bathtub.

After managing to get away, the woman had stumbled as far as a bus stop before she could go no further. She would later testify: “I couldn’t walk no more. I was tore up. My body was tore up … My face, my female parts, my butt.”

She called the police. “They told me I had to come in and make a report,” she would testify. She further testified that she asked the dispatcher, “How do I get there?” The dispatcher told her: “Come in and make a report. We can’t take a report over the phone.”

She told the court that after the call, “I felt less than human. I didn’t know who to turn to.”

Michelle Knight before her disappearance

Michelle Knight before her disappearance

Plain Dealer: Michelle Knight, held captive since 2002, removed by Cleveland police from FBI database 15 months after disappearance

Cleveland police removed Michelle Knight’s missing person entry from an FBI database 15 months after she was reported missing in 2002 — and nearly a decade before she was rescued from her captor’s home on Cleveland’s West Side.

City spokeswoman Maureen Harper said Thursday that police followed proper procedures by removing Knight’s name from the database in November 2003 because they were unable to contact Knight’s mother by telephone to verify that her then-22-year-old daughter still was missing.

However, the police department’s written policy on investigating missing adults, at the time of Knight’s disappearance on Aug. 23, 2002, describes a different verification process. It states that an officer must go and see that a missing person has been found, then inform the FBI within two hours for removal from the National Crime Information Center database.

Kym Pasqualini, a national advocate for missing adults, said in an interview Thursday that the removal of Knight’s name and description from the database helped the case fall through the cracks.

NY Daily News: Cleveland captive Michelle Knight was gang-raped while in junior high.

She got pregnant from the rape and that victimization probably set her up to be revictimized when she learned her son was to be taken away from her. Sadly, she left home angry and upset and Ariel Castro offered her a ride.

NY Daily News: Michelle Knight’s twin brother talks about their history and his happy reunion with her.

This one is heartbreaking but speaks beautifully to me about human nature and our need for connection.

I guess this is enough for now. I’ll provide other links in the comment thread. If you made it this far, thanks for reading.

As always, this is an open thread and you are welcome post links on any topic in the comments.

Again, I understand this is a painful and distasteful subject. But please be aware that violence against women is truly endemic in the U.S. and it still isn’t treated with the necessary seriousness by law enforcement, the courts, or the media.