Feminist Philosophers

News feminist philosophers can use

Rapist sentenced 361 days in order to avoid trial August 12, 2014

Filed under: law,rape,sexual assault — philodaria @ 9:34 pm

From the Star Tribune, man who confessed to raping two girls, 13 and 15, was giving a plea-deal with a sentence of the time he had already served — 361 days. The county attorney, James Backstrom, said this will allow for avoiding potentially traumatizing the victims by requiring them to testify.

 

More news from Boulder August 7, 2014

From Daily Camera:

For only the fourth time in University of Colorado history, Boulder campus leaders have begun the process of firing a tenured faculty member after paying a graduate student $825,000 to settle accusations the philosophy professor retaliated against her for reporting a sexual assault by a fellow graduate student.

Chancellor Phil DiStefano recently issued a notice of intent to dismiss associate professor David Barnett, Boulder campus spokesman Ryan Huff confirmed to the Daily Camera.

Barnett, who is not the alleged sexual assailant, is accused of compiling a 38-page report painting the victim as “sexually promiscuous” and alleging she falsified the report of the assault, according to a notice of intent to sue CU filed by the victim last month.

The move to fire Barnett, who has taught in the philosophy department since 2005, comes as CU already was under federal investigation for possible violations of Title IX, the federal gender-equity law. It also comes six months after a scathing report detailed sexual harassment, bullying and other unprofessional conduct within the philosophy department . . .

The victim, who declined to speak with the Camera through her attorney, Debra Katz, filed the complaint because Barnett “smeared her reputation” and she wanted to prevent something similar from happening to future victims who report sexual misconduct, Katz said.

“She felt it was very important to bring that issue to the attention of the appropriate parties within the university and not only protect her own rights, but to ensure that other people who come forward and report serious Title IX violations are not retaliated against,” Katz said.

Katz said that if the university tolerated retaliation, it would have a “chilling effect” on anyone wishing to come forward to report a violation.

She added that while her client did not ask for Barnett to be dismissed, the decision sends a “very strong message” that the university is serious about disciplining people who violate Title IX.

While not speaking about the allegations against Barnett specifically, Huff said it’s important for investigations into possible university policy violations to be conducted by professionals.

“We have established mechanisms with trained professionals who are in charge of conducting investigations,” he said. “Having non-trained, non-professional people conducting unauthorized investigations is not appropriate.”

For those who are unclear on how retaliation in the context of a Title IX complaint is itself a form of sex discrimination prohibited by Title IX, I recommend reading through the SCOTUS decision on Jackson v. Birmingham Board of Education as well as the ‘Dear Colleague’ letter from the Office for Civil Rights of April 2013.

 

Warn juries about rape myths before they hear evidence May 7, 2014

Filed under: law,rape — Heg @ 1:37 pm

The new Director of Public Prosecutions in England & Wales, Alison Saunders, has said juries should be warned about myths and stereotypes associated with rape BEFORE they hear evidence:

Ms Saunders said: “There is lots of really good practice now, so the judge gives the jury directions on myths and stereotypes. But, what normally happens is that they’re given at the end of the case when the jury is just about to go out and deliberate.

“All of us are human – you’re going to hear the evidence, you’re going to make a judgement and then you’re told to set your judgement aside and [are told by the judge] these are the things you should be taking into account – actually it’s better to hear that at the beginning.”

It’s an interesting article, based on an interview with Alison Saunders and Martin Hewitt, the Association of Chief Police Officers’ lead on adult sexual offences.

 

Harvard Professor suing over denied tenure May 1, 2014

Dr. Kimberly Theidon, an anthropology professor, is suing Harvard University, alleging discrimination and retaliation after she spoke out on behalf of victims of sexual assault and criticized the university’s handling of their cases.

“I’m not going to be silent, I was not going to be a dutiful daughter so they denied me tenure and effectively fired me,” said Theidon.

Now she’s blowing the whistle on the university by filing a complaint with the Massachusetts Commission against Discrimination alleging she was discriminated and retaliated against for criticizing the university’s handling of sexual assault cases.

“This case is about the importance of women who are sexually assaulted on campus having someone to go to as the first responder who will not be afraid to help them,” said her attorney Elizabeth Rogers.

“We want Harvard to change their policies,” said attorney Phil Gordon.

A spokesman for the University declined Team 5 Investigates request for an interview, citing the pending litigation.

However, in a written statement, the university told Team 5 it “would never deny tenure due to a faculty member’s advocacy for students who have experienced sexual assault.” Instead, tenure decisions are “based on the quality of a faculty member’s research, teaching and university citizenship.”

“I think in principal that is probably true, but in practice, they violate it often and in my case they violated it,” said Theidon. However she said she doesn’t have any regrets,” I would do it all over again, only I would be louder.”

Read more here. 

 

 

Not Alone April 29, 2014

Filed under: academia,law,rape,sexual assault,women in academia — philodaria @ 2:42 am

The White House Task Force to Protect Students from Sexual Assault has released its first report. A snippet:

Among the most promising prevention strategies – and one we heard a lot about in our listening sessions – is bystander intervention. Social norms research reveals that men often misperceive what other men think about this issue: they overestimate their peers’ acceptance of sexual assault and underestimate other men’s willingness to intervene when a woman is in trouble. And when men think their peers don’t object to abusive behavior, they are much less likely to step in and help. Programs like Bringing in the Bystander work to change those perspectives – and teach men (and women) to speak out against rape myths  (e.g., women who drink at parties are “asking for it”) and to intervene if someone is at risk of being assaulted.

The full report is here. 

 

 

Suit filed to stop Campus SaVE Act March 3, 2014

Filed under: law,rape,sexual assault — Heidi Howkins Lockwood @ 5:25 am

According to a March 2 press release, a University of Virginia rape victim has filed a landmark civil rights action in an effort to halt the Campus SaVE Act – a new U.S. federal law which is scheduled to take effect this week, on March 7.

The suit alleges that SaVE undermines women’s civil rights in various ways, including that it permits colleges and universities to mandate that victims prove their credibility under an exceedingly rigorous “beyond a reasonable doubt” standard. In contrast, the April 2011 Dear Colleague Letter issued by the Department of Education as a clarification/guidance for Title IX requires only that victims meet a much lower “preponderance of the evidence” standard.

Under SaVE, the higher burden of proof will only be allowed in cases involving violence against women, and will not be applied to cases involving violence against students based on other protected class categories such as race, disabilities and ethnicity. The victim alleges in her suit that it is unconstitutional to subject violence against women to weaker legal standards compared to violence based on these other categories.

Another objectionable provision in SaVE requires schools to apply state criminal law standards to violence against women cases on campus. Current law requires schools to apply more generous federal civil rights standards so that, for example, a sexual assault is proved as long as the conduct was “unwelcome.” Under SaVE, “unwelcomeness” will not be enough. The victim will have to prove that the conduct violated state criminal law, which in most states means the victim will have to prove both non-consent and that the assault involved the use of force.

Because the more generous standard of “unwelcomeness” will continue to apply to cases involving violence that occurs on the basis of race, disabilities and ethnicity, the victim alleges SaVE violates women’s equal protection and due process rights.

UVA is under investigation by the Department of Education (DOE) and the Department of Health and Human Services (DHHS) for allegedly mishandling a sexual assault case on campus where a female student was drugged and raped by a male student. Allegations include that a UVA nurse falsified medical records and reported there were no injuries consistent with sexual assault despite multiple findings of significant injuries; and that UVA lost or destroyed photographs of the victim’s injuries.

According to the press release, UVA has not expelled a single student charged with sexual assault in more than 10 years. In the case currently under federal investigation, UVA’s own Sexual Misconduct Board ruled that the victim was “compelling” and “credible,” yet the Board cleared the accused of all charges, ruling the evidence was insufficient. UVA later granted the accused a teaching assistant position on campus.

Many advocacy groups have expressed support for the funding provisions in SaVE that will go toward anti-violence training and education programs. Those provisions are not being challenged in the lawsuit.

 

What’s wrong with ‘stand your ground’ laws? February 28, 2014

Filed under: law,politics,race,violence — philodaria @ 9:27 pm

For one, “White-on-black homicides are 354 percent more likely to be ruled justified than white-on-white.”

ThinkProgress has some other disturbing facts, here.

 

What’s the state of your state? January 25, 2014

Readers: Does your state/city/municipality have non-discrimination protections for the LGBTQ communities? Is there relevant legislation in place or pending that you know of? Post here on the state of the laws in your place of residence with regard to LBGTQ equality for the sake of our readers on the market, and save some already exhausted candidates some time.

 

Obama launches White House initiative focused on college sexual assault January 23, 2014

Filed under: academia,education,law,politics,sexual assault,sexual harassment,violence — philodaria @ 2:36 am

Obama gave his task force 90 days to recommend best practices for colleges to prevent or respond to assaults, and to check that they are complying with existing legal obligations. The task force — which includes the attorney general and the secretaries of the Education, Health and Human Services and Interior Departments — was also asked for proposals to raise awareness of colleges’ records regarding assaults and officials’ responses, and to see that federal agencies get involved when officials do not confront problems on their campuses.

Read more about it here.

 

Gender-neutral language debated in the House of Lords January 15, 2014

Filed under: language,law — Heg @ 12:32 pm

There was an interesting and well-informed debate in the House of Lords in December 2013 on gender-neutral language in legislation.  One illustrative highlight:

In my view, it was perfectly reasonable for Jack Straw in 2007 to call for an end to any such male stereotyping in our use of English, specifically rejecting the Interpretation Act 1978 and its reiteration of the convention that masculine pronouns are deemed to include feminine reference. If it ever worked, that convention no longer does, and there have been convincing psycholinguistic experiments showing that sentences such as “Anyone parking his car here will be prosecuted” predominantly call up images of a man doing the illicit parking.

To return to the policing Bill, we find that most amendments are thoroughly sensitive in this respect, with anaphoric reference employing “he or she” or repetition—“a person … that person”. But among the minority using the traditional “he”, there are striking cases, especially in Amendments 93 to 95, where the singular masculine pronoun is used no fewer than 18 times. In all of them, the antecedent of “he” is surely a tell-tale phrase: “the judge”. Since we do indeed have a judiciary that is largely manned by men, it is hard to believe that the use of “he” in these amendments really means “he or she” rather than endorsing one particular male stereotype as a fact of life.

(The speaker here is Lord Quirk, who founded the Survey of English Usage in 1959. I really don’t like the fact that we have an unelected upper house in the UK, but the fact we get contributions like this gives me pause.)

 

 
Follow

Get every new post delivered to your Inbox.

Join 1,563 other followers