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ā€˜Rolling Stoneā€™ Developments Underline Need for Professional Response to Campus Sexual Assault

This afternoon, called into serious question the veracity of a regarding an alleged 2012 gang rape at the University of Virginia (UVA). Following publication of the Postā€™s story, the UVA fraternity identified by Rolling Stone as home to the alleged gang rapeā€™s perpetrators released a disputing key facts of the account. In response, Rolling Stone has now issued a stating that the magazine has concluded that its trust in Jackie, the young woman at the center of the story, was ā€œmisplaced,ā€ and apologizing to ā€œanyone who was affected by the story.ā€

Given the immense public attention and institutional action generated by the Rolling Stone story and the continuing criminal investigation into Jackieā€™s allegations, The Washington Postā€™s reporting will further intensify the debate on how best to respond to allegations of campus sexual assault. But both Rolling Stoneā€™s flawed reporting and the ensuing fallout serve to confirm ¹ū¶³“«Ć½app¹Ł·½ā€™s position: Only law enforcement is properly equipped to adjudicate allegations of sexual assault.

Jackieā€™s allegations should have been investigated by law enforcementā€”not university administratorsā€”two years ago. Whether Jackieā€™s account is true or false, the immediate involvement of law enforcement would have provided the best chance to see dangerous criminals imprisoned or the accused cleared of suspicion.

As FIREhas repeatedly argued, sexual assault allegations require a professional response from law enforcement, not a self-interested campus judiciary. Universities can competently provide alleged victims with resources, counseling, and remedial measures. But they cannot consistently provide just outcomes upon which all parties can rely.

Only the criminal justice system has the resources and authority necessary to investigate allegations, gather evidence, and, if necessary, arrest and try the alleged perpetrators. Only the criminal justice system can ensure that those accused of such a heinous crime receive the proper due process safeguards necessary to arrive at a fair and just verdict. If the accused is found guilty, only the criminal justice system can enforce the proper punishment.

At least one study suggests that most campus rapes are committed by serial offenders. If so, the harshest penalty available to universitiesā€”expulsionā€”is flatly inadequate. As FIREPresident Greg Lukianoff recently, ā€œThe idea that the best we can do against serial rapistsā€”if thatā€™s what the data is showingā€”is kick them out of Swarthmore, so they can prey on the 70 percent of the population that ¾±²õ²Ōā€™t wealthy enough to go to college, is an outrage.ā€

Rolling Stoneā€™s apparent failure to properly investigate Jackieā€™s account does not change the fact that our current system for responding to campus sexual assault is broken. If law enforcement too often fails victims of sexual assault, we must pursue reforms that ensure victims will be taken seriously and their claims vigorously and effectively pursued, not simply pass the duty to educational institutions ill-equipped to handle it.

Entrusting colleges with a grave responsibility that they cannot possibly fulfill is not the answer. As ¹ū¶³“«Ć½app¹Ł·½ā€™s Robert Shibley earlier this week, ā€œNeither accusers nor the accused will get justice if Title IX continues to be interpreted to force colleges to investigate and adjudicate these crimes themselves. That system has failed.ā€

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