Liberalism and the Campus Rape Tribunals
The legal and administrative response to campus rape over the past five years has been a kind of judicial and bureaucratic madness, a cautionary tale about how swiftly moral outrage and political pressure can lead to kangaroo courts and star chambers
.. It’s also a cautionary tale with specific implications for cultural liberalism, because it demonstrates how easily an ideology founded on the pursuit of perfect personal freedom can end up generating a new kind of police state, how quickly the rule of pleasure gives way to the rule of secret tribunals and Title IX administrators (of which Harvard, Yoffe notes in passing, now has 55 on staff), and how making libertinism safe for consenting semi-adults requires the evacuation of due process.
.. Rape and sexual assault are age-old problems. But the particular problem on college campuses these days is a relatively new one. For ideological reasons, the modern liberal campus rejects all the old ways in which a large population of hormonal young people once would have had their impulses channeled and restrained — single-sex dorms, “parietal” rules for male-female contact late at night, a general code emphasizing sexual restraint. Meanwhile for commercial reasons as well as liberationist ones, many colleges compete for students (especially the well-heeled, full-tuition-paying sort) by winkingly promising them not just a lack of adult supervision but a culture of constant partying, an outright bacchanal.
.. both parties are frequently hammered because their entire social scene is organized around drinking your way to the loss of inhibitions required for hooking up. It’s a social world, just as anti-rape activists and feminists have argued, that offers an excellent hunting ground for predators and a realm where far too many straightforward assaults take place. But it’s also a zone in which it is very hard for anyone — including the young women and young men involved — to figure out what distinguishes a real assault from a bad or gross or swiftly regretted consensual encounter.
.. many colleges shamefully loath to deal with rape accusations at all. But once that reluctance became a public scandal, the political and administrative response was not to rethink the libertinism, but to expand the definition of assault, abandon anything resembling due process and build a system all-but-guaranteed to frequently expel and discipline the innocent.
.. a system designed to assume the guilt of the accused has clearly encouraged dubious charges and clouds of suspicion and pre-emptive penalties unjustly applied.
.. a not-much-talked-about truth that minority students seem to be accused of rape well out of proportion to their numbers on campus. So setting out to strengthen women’s power relative to men has created a cycle of accusation and punishment whose injustices probably fall disproportionately on black men.
.. Offering young men broad sexual license regulated only by a manifestly unfair disciplinary system imbued with the rhetoric of feminism seems more likely to encourage a toxic male persecution complex, a misogynistic masculine reaction, than any renewed moral conservatism or rediscovered chivalry.