Wednesday, December 21, 2016

"Extreme cases make extreme laws. The Minnesota case is no more representative of what happens in the average campus sexual assault case than Hannibal Lecter is representative of the typical gourmand."

Justin Dillon and Matt Kaiser write in The Washington Post:

There is a widely known phrase in the law that essentially defines this case:  'Bad facts make bad law, and good facts make good law.' Having defended students at more than 50 colleges across the country and reviewed the extraordinarily detailed 80‑page investigative report prepared by the university’s Title IX office, the facts described there were uniquely horrifying.

University discipline is often unreliable; we don’t mean to suggest that the conclusions the school reached were correct. But what’s described in that report — whether or not it happened — is deeply troubling.

The details of what happened cannot be printed here. But what appears to have started out as a consensual encounter, and was found to be so by Minnesota’s Title IX office, eventually degenerated into something far worse.  We will leave it to others to discuss whether what happened in this case is yet another example of the influence of porn on the behavior of young men. But what these students are alleged to have done is horrible.

Given how much media attention this case has received, that could be very bad for due process on campus.

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