More good news on the court front
It may seem like a small thing compared to the other news we’ve been reading in recent days, but to the wrongly accused it’s a big deal. I think that this US District Court ruling could begin to turn the tide of kangaroo campus quasi-courts and make them a bit more afraid of the repercussions of their failure to afford minimal protections to those students accused of sexual misconduct.
From the ruling of the San Diego Superior Court:
In his ruling, Superior Court Judge Joel M. Pressman cited the fact that Doe was prevented from fully confronting his accuser in the trial, as well as insufficient evidence that sexual encounters occurred without Roe’s consent. Pressman also ordered the school to drop its suspension against Doe.
Pressman based his decision on the following: Roe filed the complaint four months after the sexual encounter, alleged there were two cases of sexual activity without her consent and one instance of retaliation. She told a campus investigator that the alleged assault had greatly impacted her, but text messages and testimony showed that she continued to spend time with Doe. She also told the investigator that she was too drunk to give consent before the encounters, but statements from 14 witnesses said otherwise.
These cases are all too common, and it has been way too easy to make false charges stick in the extra-judicial proceedings on college campuses.
I think that this US District Court ruling could begin to turn the tide of kangaroo campus quasi-courts and make them a bit more afraid of the repercussions of their failure to afford minimal protections to those students accused of sexual misconduct.
I doubt it. The accused here is probably in a tiny minority of men who are willing and able to push their case to completion in real courts (since this certainly cost a fortune in legal fees, the accused is probably from a wealthy family).
Where is the serious motivation here to change university kangaroo courts? They’re going to continue holding their kangaroo courts, and in the overwhelming majority of cases (more than 99% ?) their kangaroo rulings will stand. Unless there’s some serious punishment for such behavior, I don’t see them changing anytime soon.
Universities have no business doing this stuff at all. It should be left to real police and real courts.
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Regarding the linked Yahoo article:
After he sent a letter to the school’s dean, the suspension was increased to a year, and another panel lengthened the suspension even more.
What the hell is this about? The “guilty” party in a kangaroo court gets extra punishment for writing a letter to the dean?
I have to wonder how truly execrable this case was given the evident bias in Yahoo’s reporting. They quoted two “experts” in the article, “sexual assault lawyer Lisae C. Jordan, executive director and counsel of the Maryland Coalition Against Sexual Assault” and “Neena Chaudhry, senior counsel at the National Women’s Law Center.”
Gee, I wonder what those two think fairness is in such cases. All men guilty until proven innocent with no opportunity to question the accuser or present evidence?
Superior Court Judge Joel M. Pressman is an anomaly, a Federal judge who actually believes in the rule of law. But the rot has reached the SCOTUS and that institution sets the tone for the judiciary. I too am doubtful.
Doe, a deer, a female deer. Roe, a jar of fishy eggs.
“…it has been way too easy to make false charges stick in the extra-judicial proceedings on college campuses.”
That was intentional. The purpose is to balkanize the sexes so that young, unmarried (and now socially frustrated) women would fall into the arms of The Party.
Relying on lawyers to use profit and greed to save us. That’ll work out in the long term, sure.
Is there a judge that isn’t a lawyer? Is there a Supreme Court Justice that isn’t a judge? How many politicians are not lawyers?
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