Colleges Challenge a Common Protection in Sexual Assault Lawsuits: Anonymity

The former college student said she had been raped three times as an undergraduate at Florida A&M University, twice by students and once by an acquaintance who was on campus regularly.

She withdrew from the university and filed suit, saying that campus officials did not do enough to investigate the claims and protect her from being attacked again and again. As a precaution, she identified herself in public court papers only as S.B.

Her school fired back three times with a demand for the court: Reveal her full name or toss out the case.

For years, students have filed sexual assault complaints under pseudonyms, which allow them to seek justice without shame or fear of being targeted. Universities have generally accepted the practice.

But in two recent lawsuits — S.B.’s case against Florida A&M University and a suit by nine women against Dartmouth College — the schools have demanded that students publicly reveal their identities, going against longstanding legal practice intended to protect plaintiffs in sensitive disputes.

Experts on sexual assault cases say that these demands amount to a newly aggressive stance by universities that face potentially damaging lawsuits, and that they run counter to the spirit of federal civil rights policies. The identities of the women in both cases are known to the university lawyers, but not to the public.

“What you’re seeing in this particular case is real hardball,” said Andrew Miltenberg, a lawyer who typically represents men accused of sexual assault. “And it’s still not the way most lawyers or schools handle it. They’re a little bit more gracious about protecting someone who was their student.”

On Wednesday, S.B.’s lawyer sent a letter to more than 40 state legislators objecting to the university’s tactics and asking them to investigate the matter.

Middle-Class Shame Will Decide Where America Is Headed

Who can appeal to the people who feel the most like they’ve gotten a raw deal?

.. Beto O’Rourke is one possible Democratic candidate for 2020 who seems to understand the power of talking to people who think they’ve gotten a raw deal.
Over the past few years, I have spoken to hundreds of people, like Ms. Womack, who define themselves as middle class but are seriously economically challenged. In their lives, an illness could mean bankruptcy. I talked to many people who had college degrees, were convinced they were on the right path, yet were shaken by their endless debt — from the cost of their graduate degrees, caring for an elderly parent or paying for a child’s medication.

Sometimes their professions had contracted, resulting in a loss of jobs. Sometimes it was because their work had become irregular and they had no union to negotiate for them. Health care and education cost far more than they once did and wages were barely inching up. As a result, they had personal pain — and ire — that many politicians didn’t take seriously enough.

After all, what I have called the “middle precariat” vote — or what could be called the anxiety vote — gave us this president, and now it has also given us a Democratic House. It is a powerful force.

Any Democrat who wants to win the White House in 2020 is going to need to harness the power of these voters. Indeed, the race has very much started, including the recent announcement of a presidential campaign exploratory committee by Senator Elizabeth Warren of Massachusetts, who has already started to emphasize how the middle class is “hollowed out.”

One of the first challenges is getting people to admit they are struggling financially, and to talk publicly about it. This can be hard for members of the middle class, a group that has a real sense of stigma about financial floundering. They are hobbled by a long-held obsession with privacy and don’t always acknowledge what is troubling them, according to research by Caitlin Zaloom, an anthropologist at New York University.

The second — and most basic — way of addressing the anxious middle-class vote is by acknowledging people’s suffering. At rallies, ask people with student or medical debt to raise their hands, so that they don’t quietly carry it with them for their lives, afraid to speak because they don’t want to admit they need help.

Candidates and politicians should follow the example of New York’s new Democratic congresswoman, Alexandria Ocasio-Cortez, who acknowledged that she wouldn’t be able to pay the costly rent for a Washington apartment until her government paychecks start coming in. They should openly discuss the tendency of many people to blame themselves for their professional and financial distress. Donald Trump jumped on this discomfort in 2016, after all, and made it part of his rhetoric, even though, of course, he had no intention of changing much.

“They have imbibed this idea that your economic well-being is traceable principally to your own efforts,” Ms. Shenker-Osorio said.

As a result, what the electorate doesn’t need to hear are Horatio Alger stories of how candidates worked their way up from humble origins, with the implied moral that anyone can make it in America with enough hard work. These kinds of tales can insidiously lead middle-class people today to blame themselves more for not flourishing.

Instead, the new Congress and candidates of the future should tell voters that it’s O.K. to be mad about being in debt, that this is a savage society we now live in. They could talk about their own experience of debt, be it student or medical, or the debt of someone in their family. (What makes this a bit harder is how unrelatable, and depressing, the wealth of our Congress still is: in 2015, it was majority millionaire.)

To win the anxious middle-class vote, politicians must offer real solutions for the challenges in the lives of these voters, especially on health care and education. One example of this is the scholarship program that Gov. Andrew Cuomo of New York put in place: 940,000 middle-class families and individuals making up to $125,000 per year will qualify to attend tuition-free at colleges in the New York State and New York City public university systems. Though not perfect, it’s a step in the right direction.

It is important to get these voters beyond the shame of debt, perhaps by allowing student debtors to be able to declare bankruptcy related to student loans, something that is nearly impossible to do now, and obtain debt forgiveness.

An actual “Medicare for all” proposal would get at the heart of what is a real challenge for many. Michèle Lamont, a sociologist at Harvard who specializes in culture and inequality, told me that her work found that when candidates promote a policy like Medicare for all, even if it doesn’t come to fruition they are signaling that they understand voters’ need for solidarity and give voice to their hopes and difficulties by making them visible.

A few possible Democratic candidates for the 2020 nomination, from Bernie Sanders to Beto O’Rourke, seem to understand this possibility, and have been attempting to redirect Americans’ anger toward fighting for the things they need, like reasonably priced education and health care. Mr. Trump, no doubt, will continue to mine this territory in a re-election campaign, despite his role in fueling our neglect to begin with.

Middle-class and poor voters have more in common with one another today than they do with the economic ultra-elite. And if they can continue to organize into coalitions, they could be truly powerful forces. Maybe they’d take to the streets most weeks and shut down our cities on a more regular basis, like they do in France.

Then again, maybe the people we elect can express our pain for us instead, so we wouldn’t have to.

Scarlet Letter in the Emerald Isle

In the 19th and 20th centuries, “fallen” or “errant” young women, as they were labeled, were hustled away to the Magdalene Laundries or mother-and-baby homes, which were essentially prisons for unwed mothers run by nuns. As Dan Barry wrote in The Times, many young women were “sent to work, and sometimes die, in guilt-ridden servitude”; hundreds of bodies of young children were discovered in an unmarked grave in Tuam in County Galway, placed there by nuns.

In the 1930s, my grandmother spirited my father’s older brother out of Ballyvaughan in the middle of the night to a nearby village after he impregnated a neighbor. The young woman was sent into exile in America. She put the baby up for adoption in New York and killed herself a year later. My uncle went on to be a landowner, the pride of the village.

In some ways, things have not changed that much.

Women who want to terminate a pregnancy for almost any reason except imminent death still face a Scarlet Letter in the Emerald Isle; they have to leave the country and fly to England if they can afford it (3,265 women went in 2016) or order sketchy pills online and risk a prison sentence.

.. Women who have become pregnant, including victims of rape, we force them to leave the country or risk a prison sentence — that would likely be longer than what the rapist would receive — if they get caught taking the abortion pills.

What Government Interest Is Served by Disenfranchising Felons?

The bumpy path of Desmond Meade’s life meandered to its current interesting point. He is a graduate of Florida International University law school but cannot vote in his home state because his path went through prison: He committed non-violent felonies concerning drugs and other matters during the ten years when he was essentially homeless. And Florida is one of eleven states that effectively disqualify felons permanently.

Meade is one of 1.6 million disenfranchised Florida felons — more people than voted in 22 states in 2016. He is one of the 20 percent of African-American Floridians disenfranchised. The state has a low threshold for felonious acts: Someone who gets into a bar fight, or steals property worth $300 — approximately two pairs of Air Jordans — or even drives without a license for a third time can be disenfranchised for life.

.. What compelling government interest is served by felon disenfranchisement? Enhanced public safety? How? Is it to fine-tune the quality of the electorate? This is not a legitimate government objective for elected officials to pursue. A felony conviction is an indelible stain: What intelligent purpose is served by reminding felons, who really do not require reminding, of their past, and by advertising it to their community? The rule of law requires punishments, but it is not served by punishments that never end and that perpetuate a social stigma and a sense of never fully re-entering the community.