Accused Rapist Convicted By Duke On Indirect Double Hearsay

[AgeOfEnlightenmentSCP]

Another example of the culture of rape-obsessed hysteria on an American college campus...

Student is suing.  Let's hope he wins.

reason.com/blog/2015/01/06/gross-injustice-at-duke-accused-rapist-c

MPerhaps most galling, Irvine didn't even testify at McLeod's hearing—and was thus shielded from cross-examination. Instead, she merely submitted her report to the hearing committee, making it impossible for McLeod to defend himself:

Having completed her report, Irvine didn’t testify before the hearing—denying McLeod an opportunity to cross-examine her about her investigative techniques; and, perhaps more important, denying McLeod an opportunity to ask her follow-up questions about the witnesses that she did interview. Nor did most of the students interviewed by Irvine testify at the hearing. As a result, McLeod’s attorneys point out, the student was convicted on the basis of “indirect double-hearsay” evidence. This double-hearsay material included an anonymous witness who said that he or she saw the accuser incapacitated on the night of the incident. In a remarkable coincidence, that anonymous witness made his or her presence known to Irvine on the same day that Irvine asked the accuser about her violation of a mutual no-contact order between the accuser and McLeod.

About that no-contact order: The accuser violated it by attending a party at McLeod's residence. She had been told—by Sheila Broderick of the Duke Women's Center, allegedly—that the accuser was allowed to violate the no-contact order.cLeod's lawsuit alleges that Duke engaged in all sorts of wrongdoing. His complaint claims that the university actually put substantive limits on Irvine's inquiry, prohibiting her from interviewing certain witnesses. McLeod also alleges that Irvine's status as a private investigator was not made known to him—if it had been, he could have impeached her report. Duke administrators also dissuaded McLeod from seeking an attorney and allegedly told him, "You can get it when you sue us," in response to his request to see copies of the university's new policy on punishments for convicted students.

No one could contend that this process was just. But as the Foundation for Individual Rights in Education's Susan Kruth notes, the consequences for McLeod are massive:

The result of these failures could be life-changing for McLeod despite the fact that a three-person panel was tasked with making the ultimate decision regarding his guilt or innocence. An unfair outcome is even more likely at universities that rely solely on a single investigator to serve as detective, prosecutor, judge, and jury in these cases, with no one who might possibly serve as a counterbalance to an investigator’s biases or incompetence.

These miscarriages of justice are staggering, and yet they are common features of nearly every university rape investigtion I have come across. The only sane thing to do is demand that the adjudication of crimes be reserved for the professionals.

[swamp]

Oh, colleges can convict people now? What was his prison term?

While I have serious issues with the lack of due process in the hearing, you might want to revise the title. He wasn't convicted of anything.

[dondub]

Another example of the culture of rape-obsessed hysteria on an American college campus...

 I still remember my hysterical GF calling to tell me she had been raped in our college town 40 years ago.

 As far as a "culture of rape-obsessed hysteria on American college campuses"? Hogwash. For every 1 false claim there are undoubtedly thousands of real rapes that go uncharged.

[Tennesseer]

Jan 6, 2015 14:33:10 GMT -5 dondub said:

Another example of the culture of rape-obsessed hysteria on an American college campus...

 I still remember my hysterical GF calling to tell me she had been raped in our college town 40 years ago.

 As far as a "culture of rape-obsessed hysteria on American college campuses"? Hogwash. For every 1 false claim there are undoubtedly thousands of real rapes that go uncharged.

Well into 2014, We (Memphis) had over 12,000 untested rape kits, most unrelated to colleges or universities which handle their cases separately. Since monies have been granted to process these rape kits, "...the backlog have already resulted in 162 news investigations, identified 16 individuals who’ve previously been convicted of rape and issued 22 new indictments. Seven new investigators were added to the unit processing the kits, there are 16 in total."

Memphis police discover 200 unprocessed rape kits adding to backlog

[AgeOfEnlightenmentSCP]

Jan 6, 2015 14:33:10 GMT -5 dondub said:

Another example of the culture of rape-obsessed hysteria on an American college campus...

 I still remember my hysterical GF calling to tell me she had been raped in our college town 40 years ago.

 As far as a "culture of rape-obsessed hysteria on American college campuses"? Hogwash. For every 1 false claim there are undoubtedly thousands of real rapes that go uncharged.

Undoubtedly.  Because you know, you have posted so much data in support of your theory.

[dondub]

I enjoyed the data you posted on the "culture of rape-obsessed hysteria on an American college campus". It was epic.

[djAdvocate]

Jan 6, 2015 14:33:10 GMT -5 dondub said:

Another example of the culture of rape-obsessed hysteria on an American college campus...

 I still remember my hysterical GF calling to tell me she had been raped in our college town 40 years ago.

 As far as a "culture of rape-obsessed hysteria on American college campuses"? Hogwash. For every 1 false claim there are undoubtedly thousands of real rapes that go uncharged.

my best friend was raped wile in the Peace Corps in Nigeria.  she never got over it.

[EVT1]

I would call people that post numerous topics about rape, rape obsessed.

Try this light-hearted article about rape:

www.cracked.com/article_21910_8-ways-legal-system-screws-rape-victims-like-me.html

And don't think for a minute it is wrong- I can give you the history of rape shield laws (rules of evidence) and why they were needed.  This is one of our remnants of male dominated society.  Look up spousal rape.