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Stanford sexual assault victims see few options for recourse – in school or court Stanford sexual assault victims see few options for recourse – in school or court
(3 months later)
Survivors of sexual assault at Stanford University have discovered what activists say is one of the most disheartening realities about the epidemic of campus violence – that victims have nowhere to turn if they want their perpetrators to be held accountable.Survivors of sexual assault at Stanford University have discovered what activists say is one of the most disheartening realities about the epidemic of campus violence – that victims have nowhere to turn if they want their perpetrators to be held accountable.
This is the harsh lesson students and professors have drawn from the light sentencing last Friday of Brock Turner, a Stanford swimmer convicted of sexually assaulting an unconscious woman on campus. The case was a rare example of a university sexual assault leading to a conviction in criminal court.This is the harsh lesson students and professors have drawn from the light sentencing last Friday of Brock Turner, a Stanford swimmer convicted of sexually assaulting an unconscious woman on campus. The case was a rare example of a university sexual assault leading to a conviction in criminal court.
But activists’ hopes for justice were dashed when a judge, after listening to the victim’s emotional testimony, sentenced the 20-year-old to six months in county jail – significantly less than the minimum of two years in state prison prescribed by law.But activists’ hopes for justice were dashed when a judge, after listening to the victim’s emotional testimony, sentenced the 20-year-old to six months in county jail – significantly less than the minimum of two years in state prison prescribed by law.
Related: Stanford sexual assault case: victim impact statement in full
The decision was particularly painful for activists in Stanford, who have long argued that students who report being assaulted on campus face deeply unfair investigations. Advocates say the university’s flawed adjudication process for sexual violence, combined with the lenient sentencing of Turner, sends a clear message that victims will face a dead end no matter where they try to seek justice.The decision was particularly painful for activists in Stanford, who have long argued that students who report being assaulted on campus face deeply unfair investigations. Advocates say the university’s flawed adjudication process for sexual violence, combined with the lenient sentencing of Turner, sends a clear message that victims will face a dead end no matter where they try to seek justice.
“Within the institution and within our legal system … the crime of sexual assault isn’t being taken seriously,” said Stephanie Pham, a 19-year-old sophomore and co-founder of the Stanford Association of Students for Sexual Assault Prevention (ASAP).“Within the institution and within our legal system … the crime of sexual assault isn’t being taken seriously,” said Stephanie Pham, a 19-year-old sophomore and co-founder of the Stanford Association of Students for Sexual Assault Prevention (ASAP).
The case has put the national spotlight back on Stanford, which is one of many universities that has been caught up in sexual misconduct scandals in recent years.The case has put the national spotlight back on Stanford, which is one of many universities that has been caught up in sexual misconduct scandals in recent years.
At Yale University, the former captain of the basketball team was accused of sexually assaulting another student. A Columbia University student received international attention when she carried a mattress to protest at the school’s decision not to expel the student who she said raped her. And the University of California, Berkeley has grappled with numerous faculty harassment cases over the last year.At Yale University, the former captain of the basketball team was accused of sexually assaulting another student. A Columbia University student received international attention when she carried a mattress to protest at the school’s decision not to expel the student who she said raped her. And the University of California, Berkeley has grappled with numerous faculty harassment cases over the last year.
At Stanford, critics say, a slew of sexual assault controversies combined with a number of alarming statistics, highlight how the elite northern California school, compared with its US peers, is one of the most unsupportive universities for victims.At Stanford, critics say, a slew of sexual assault controversies combined with a number of alarming statistics, highlight how the elite northern California school, compared with its US peers, is one of the most unsupportive universities for victims.
In 2014, senior Leah Francis made headlines when she went public with her five-month battle to hold her alleged rapist accountable through the school’s disciplinary process. Although the accused student was found responsible for sexual misconduct and assault, he faced a light sanction.In 2014, senior Leah Francis made headlines when she went public with her five-month battle to hold her alleged rapist accountable through the school’s disciplinary process. Although the accused student was found responsible for sexual misconduct and assault, he faced a light sanction.
Last year, another female student shared her story of the retaliation and harassment she faced after she participated in an investigation about sexist behavior at a fraternity.Last year, another female student shared her story of the retaliation and harassment she faced after she participated in an investigation about sexist behavior at a fraternity.
In recent months, other students have come forward with stories of being assaulted and then struggling through the university’s adjudication process.In recent months, other students have come forward with stories of being assaulted and then struggling through the university’s adjudication process.
“Women at Stanford are in a rough position,” said Michele Landis Dauber, a Stanford law professor who is a vocal critic of the university’s assault policies and is also launching a recall campaign against Aaron Persky, the judge in the Turner case.“Women at Stanford are in a rough position,” said Michele Landis Dauber, a Stanford law professor who is a vocal critic of the university’s assault policies and is also launching a recall campaign against Aaron Persky, the judge in the Turner case.
“They have a university process that’s very difficult and burdensome for survivors to navigate … Sanctions at the end typically are not very strong,” she said. “Now, with this terrible sentencing decision, the doors of the courts are closing, too.”“They have a university process that’s very difficult and burdensome for survivors to navigate … Sanctions at the end typically are not very strong,” she said. “Now, with this terrible sentencing decision, the doors of the courts are closing, too.”
The high-profile cases are rooted in a culture that prioritizes the university’s reputation over the wellbeing of victims, activists said.The high-profile cases are rooted in a culture that prioritizes the university’s reputation over the wellbeing of victims, activists said.
As of last year, Stanford had expelled only one student for sexual assault in its history, according to Dauber.As of last year, Stanford had expelled only one student for sexual assault in its history, according to Dauber.
On Monday, Stanford spokeswoman Lisa Lapin said she could not confirm whether there has been more than one expulsion, but said “there are a number of cases where the university enforced the strongest possible penalty”, and noted that there are instances where students voluntarily withdraw or the school withholds a bachelor’s degree.On Monday, Stanford spokeswoman Lisa Lapin said she could not confirm whether there has been more than one expulsion, but said “there are a number of cases where the university enforced the strongest possible penalty”, and noted that there are instances where students voluntarily withdraw or the school withholds a bachelor’s degree.
“Some of these survivors just don’t come forward because they don’t feel like they’ll be supported,” said Matthew Baiza, a sophomore and co-founder of Stanford ASAP.“Some of these survivors just don’t come forward because they don’t feel like they’ll be supported,” said Matthew Baiza, a sophomore and co-founder of Stanford ASAP.
The US Department of Education’s office for civil rights also recently opened its fifth sexual violence investigation at Stanford, making it the university with the highest number of active Title IX inquiries of any college in the country.The US Department of Education’s office for civil rights also recently opened its fifth sexual violence investigation at Stanford, making it the university with the highest number of active Title IX inquiries of any college in the country.
That statistic is not a fluke, said Dauber. She argued that university leadership has failed to treat sexual assault as the violent and serious crime that it is.That statistic is not a fluke, said Dauber. She argued that university leadership has failed to treat sexual assault as the violent and serious crime that it is.
Dauber and student activists contend that Stanford has a very narrow definition of sexual assault compared with most other universities, such that certain kinds of violent attacks are considered “misconduct” and not classified as “assault”. For example, “sexual battery”, meaning non-consensual touching, is not considered assault.Dauber and student activists contend that Stanford has a very narrow definition of sexual assault compared with most other universities, such that certain kinds of violent attacks are considered “misconduct” and not classified as “assault”. For example, “sexual battery”, meaning non-consensual touching, is not considered assault.
The university also faced widespread backlash when it released an official survey claiming that only 1.9% of students have experienced sexual assault. Critics said that statistic – which excluded certain kinds of misconduct and failed to capture the frequency of assaults female students face – was dangerously misleading.The university also faced widespread backlash when it released an official survey claiming that only 1.9% of students have experienced sexual assault. Critics said that statistic – which excluded certain kinds of misconduct and failed to capture the frequency of assaults female students face – was dangerously misleading.
Other surveys, Dauber explained, have found that 43% of female undergraduates have experienced sexual assault or misconduct.Other surveys, Dauber explained, have found that 43% of female undergraduates have experienced sexual assault or misconduct.
“Stanford is preoccupied with its image. It wants to maintain this facade that we are this perfect institution where sexual assault doesn’t happen,” said Pham.“Stanford is preoccupied with its image. It wants to maintain this facade that we are this perfect institution where sexual assault doesn’t happen,” said Pham.
Lapin defended the university’s survey model, arguing that faculty have supported it and that it is “comprehensive”. She said Stanford is also reviewing its terminology around assault and misconduct.Lapin defended the university’s survey model, arguing that faculty have supported it and that it is “comprehensive”. She said Stanford is also reviewing its terminology around assault and misconduct.
“There is no question that prohibited sexual conduct is a problem at Stanford,” she added in an email.“There is no question that prohibited sexual conduct is a problem at Stanford,” she added in an email.