Articles Posted in Rape &Sexual Assault

U.S. Secretary of Education Betsy Devos earlier today released a long-awaited series of formal proposals for how colleges and universities respond to accusations of “sexual assault” and conduct investigations into such incidents. The proposed revisions would update “guidance recommendations” previously put in place buy the Obama administration, and predictably, Democrats and “#MeToo activists”, howled their opposition, claiming the proposal would allow, perhaps even encourage, sexual assailants to prey on college campuses everywhere as well as allow schools to evade civil liability.

This is no surprise, as these “women’s rights activists” will never cease at their un-reasoned exercises in hyperbole and extremism, when ever anyone has the audacity to disagree with their imbalanced ideas of legal due process and, even, basic fair play. The proposed regulations originate from a 1972 federal law called Title IX, which was initially passed to prevent sex discrimination at colleges and universities that receive federal funding. Most of the law’s focus is on universities, but it also applies to and any other schools that receive federal monies.   The Obama administration had previously issued “guidance” to schools, which wildly favored accusers and nearly stripped accused students of almost any meaningful legal protections provided by the U.S. constitution.  Obama’s Education Department was able to accomplish this end-run around procedure, because their recommendations to schools were made outside the normally-required formal rule-making process.  The result?  Those “guidance recommendations” threw out almost any meaningful substantive and procedural legal rights for anyone accused of sexual assault — and furthermore, under the Obama “guidelines” – the definition of “sexual assault” was broadened so wide as to subject almost anyone to such an accusation.  Predictably, before reading any further, left-leaning feminist activists will interpret this post to be “anti-women” – or, to employ the prevailing lexicon they so favor, “misogynist”.  Not, neither this post, not any of my opinions, are “anti-women”:  They are pro-due process; they are pro-fairness; they are in favor of determining the truth in any given circumstance – not conducting a kangaroo court to satisfy the loudest protect group of the moment.

Employing the Obama administration’s “guidelines” (vs. formal rules), allowed Obama’s Education Department to essentially manufacture new proceedings that had no basis in any relevant statute or Supreme Court opinion.  Again, these “guidelines” – which despite being called “guidelines”, almost every campus in America adopted given the fact that over 95% of them are bastions of liberal thought, were the ultimate in an end-run around appropriate federal protocol. They were the product of militant feminist “activists”, who never cease in their proclamations of victim-hood and “oppression” – even in an era when women occupy, justifiably and with good reason, some of the most powerful positions in the country – in law, in government, in commerce & business, in medicine, in academia, and more.  These activists simply never cease their drumbeat of trying to convince people that every woman, everywhere, is oppressed, abused economically, and sexually pursued and harassed, wherever they go.  Odd – I don’t see that in any of the women I know, of a variety of ages, professions and backgrounds – and I’ve asked many women I know for their opinions on this subject.  Yet we’re told by militant feminists that this conduct is ubiquitous; omnipresent; everywhere, universal; constant.  Really?  As a Massachusetts criminal defense attorney who is in the courts every day, this sounds more to me like the dying breaths of once-active organizations like the National Organization for Women, which given all the advancements made in women’s interests, are now largely irrelevant, but to avoid a natural death, continue to declare otherwise through such dramatic claims of “oppression, everywhere”

Today’s post concerns Massachusetts sex assault accusations and charges – and I want to be very judicious and careful in what I’m going to say here. Sex assault and rape charges are very serious, and should therefore should not be dismissed lightly. As part of this reality, more than a few people can sometimes ask me, “Why do you defend people who are accused of sex assaults?” My answer is usually easy:  “Because they may be innocent, and they are entitled to a legal defense.”

Before going any further, I’m going to say something very sincerely, and I want my readers to know that I mean it 100 per cent: I have all the sympathy, and indeed, empathy, for anyone who advances a credible, believable claim of sexual abuse, indecent assault & battery, or rape by another person.  Man or woman. Young or old.  Of any background whatsoever.  But when such accusations are made, and the accused’s life, liberty and welfare are on the line, such accusations must be supported by persuasive, compelling testimony.   Just because someone is accused of sexual assault or rape, does not automatically mean that they are guilty of having done so.  Over many years in my career as a Massachusetts sex crimes defense attorney, I can’t (and obviously never would, due to attorney-client privilege issues), tell you of how many clients I have defended who have been accused of some type of sex offense – and yet they were entirely innocent of those crimes. Continue reading

In my previous two posts on this topic, I discussed how seemingly every day, more and more accusations of sexual “assault” are being leveled at people in public life (as well as private.) Many of these events are reported to be years, if not decades, old, and reflect highly questionable allegations.  Worse, it has been observed by more than one responsible journalist that if anyone dares to question the veracity of an accuser, or seeks to merely provide context to these accusations, that person is savagely attacked in the public square: Pilloried for having the audacity to inject perspective into this latest “debate” within a society that is addicted to controversy – the “Rage of the Day” or Crisis du Jour.”

Exhibit ‘A’ on this point: Actor Matt Damon. Damon had the utter audacity to opine in a recent interview that there are major differences between touching someone’s buttocks, and rape or attempted rape. Obviously, he was not speaking as an attorney because he isn’t one – and to me as a Massachusetts sex charges attorney, that made his comments all the more valuable, because he was commenting from a common-sense perspective. Damon wasn’t speaking from political correctness – and that what is made his comments so important. He noted how, prior to this current, frenzied climate of accusations of sexual assault, reason and probity would have otherwise prevailed – reason and probity that are now all but gone. He urged a return to healthy skepticism and careful investigation of such accusations, while not losing sight of needed context. Continue reading

In my previous post on this important subject, I talked about the literal explosion recently, in accusations and allegations of “sexual assault” being made against a wide variety of individuals – against the famous and anonymous alike.  I’m writing about this because I’ve been receiving a considerable number of phone calls recently – from both men and women alike – worried that they, too, might be accused of “sexual assault” – for the most minor of events.  For things that, frankly, strain belief that someone would make such a serious allegation.

This explosion of “sexual assault” allegations have followed the ‘shocking’ news that a physically unattractive Hollywood producer – Harvey Weinstein – had a “casting couch,” and pressured certain actresses for sex if they wanted to appear in his films.  To begin with, to my knowledge, the actions that Weinstein are reported to have engaged in – pressuring actresses to socialize with him and/or have sex with him if they wanted to see their careers advance in the film industry – can indeed be classified as boorish and tasteless.  If the allegations are true, Weinstein can indeed be called a social loser for having to resort to economic and career pressure to obtain sex.  But such suggestions by do not legally constitute “sexual assault.”  Far less do they constitute “rape.” Continue reading

A person would have to live under a rock not to know of the tsunami of sexual assault allegations that have rolled across the U.S. in the past few weeks, following the revelations of sexual assault allegations made against famous Hollywood figures such as film producer Harvey Weinstein and actor Kevin Spacey.  These accusations started in Hollywood, but have in the past few weeks spread to almost every corner of American society – from producers, directors and actors to CEO’s, politicians and civic leaders, corporations, non-profits and academic institutions.

While I am sure that a substantial number of these allegations of sexual assault are true, people need to remember that sexual assault accusations are some of the easiest to manufacture or use as leverage against another person.  This can be done for a variety of reasons – most commonly financial leverage, revenge against a relationship gone bad, jealousy and other reasons.  What concerns me about the current social environment is the veritable explosion of these accusations, seemingly arising from every corner of American society, since the Harvey Weinstein revelations.  It seems that countless individuals from every corner of society are now screaming “Me Too” – claiming that they were “victims” of “sexual assault.”  I showed my wife a picture I saw on Facebook recently of a group of women all holding “Me Too” signs – each one of them smiling ear to ear, as though they had just one some kind of award.  What’s wrong with this picture — in general?   These are victims of “sexual assault”? Continue reading

If you pay attention to the subject of campus rape and college student sexual assaults, you couldn’t have missed the mainstream media’s reporting of Rolling Stone Magazine’s very public retraction of a controversial story it published last November 2014, titled “A Rape on Campus.”

The story described a horrific gang rape of a female student at the University of Virginia identified only as “Jackie”, reportedly by seven different men at a campus fraternity house. The story understandably unleashed a renewed debate about college campus sexual assaults; specifically, about the actual extent of campus sexual assaults in the U.S., and whether colleges and universities are aggressive enough on this issue. It has also been alleged by more than one women’s advocacy group that many colleges and universities intentionally hide or under-report campus sexual assaults. Reading the published story, one is left with the impression that the University of Virginia was a “poster boy,” if you will, for college officials’ indifference to the subject of student rape. The hue and cry that resulted, was predictable: Marches and protests on several college campuses; ‘fist pumping protests’ by female students’ unions; and women’s advocacy groups fanning the flames at each and every step along the way, decrying ‘male-led indifference’ at the top of colleges and universities across the country.

Turns out there was just one minor problem with the story: It was completely false. Worse, neither the Rolling Stone reporter who wrote the story, nor any of her editors at the magazine, caught multiple factual errors and inconsistencies before publishing the story. Gradually after the story’s publication last November, fact-checking exposed several inconsistencies in the alleged victim’s story. The Charlottesville, Virginia Police Department determined it had found no evidence to support the claims of the alleged victim. Eventually, Rolling Stone magazine requested that the Columbia University Graduate School of Journalism conduct an independent, external review of the story. Last week, Columbia University released its conclusions that the manner in which Rolling Stone vetted, reported, edited the story was “a story of journalistic failure that was avoidable. [The failure] encompassed reporting, editing, editorial supervision and fact-checking,” which the venerable journalism school reported on its website. Rolling Stone’s Managing Editor Will Dana issued a formal apology on the magazine’s website, and the female reporter who wrote the story also apologized in a written statement.

College campuses are hotbeds of youthful activity: Fraternities and sororities. Football and varsity sports games. Lots of consumption of alcohol. Drugs. Partying. Linking up between students (as opposed to dating). Put it all together, and at many, many colleges and universities, when it comes to college sexual assaults, those things are recipes for disaster. Today, sexual assaults on campus are in the spotlight, and people rightfully look for a way to prevent rapes at colleges and universities.

So, what do you think would happen if someone were now to add guns to the mix?

I’m not joking. Gun-rights advocates in 10 states are pushing for “reforms,” as they call it, so that female students — very young, usually 18-22 year old kids — can carry guns on campus. These people believe that all colleges and universities need these so-called “campus-carry laws,” so that anyone who even thinks of raping a female college student would think twice. Yes, these people believe that arming 18-22 year old college students with handguns, is the answer to campus sexual assaults. In my view as a Massachusetts campus sex assault attorney, most of these people are extremists. If you doubt that, consider this quote from a sponsor of a bill in Nevada that would allow 18-22, very young, women to carry loaded handguns on campus: “The sexual assaults that are occurring (on college campuses) would go down once these sexual predators get a bullet in their head.” That’s a direct quote from a Nevada Assemblywoman. I won’t give her the publicity by naming her here.

More than a few people have asked me over the past ten days or so, what I think of the rape allegations being made against actor Bill Cosby, and what I think should be done about them.

This is a good question, because several of the accusations involve a mix of factors that can make a successful prosecution in this type of case very difficult. Those factors include the following:

• A lack of credible witnesses.

File this under “Now I’ve really seen it all,” and “This world is spiraling down faster than a toilet flush.”

I am — what are the words here? – disgusted, mortified, shocked and appalled at the new “Animals” music video that was released this week by one Adam Levine, the American ‘singer’ who heads the group Maroon 5. In this disgusting display of blood-lust, violence, and criminal intent, Levine plays a butcher who stalks a woman (played by his real-life wife, who must be just as twisted as he), secretly takes pictures of her, and then ultimately sexually assaults her while blood rains down on both of them. Oh yes, and he apparently cuddles with slabs of bloody meat. I saw just seconds of the video, and I wouldn’t waste another nano-second. Part of me wants to speak out against this maggot, as a Boston criminal defense lawyer who sees far too much violence in the media; part of me hesitates even saying a word here because I know that it will only further publicize this twisted moron’s video. I’ll err on the side of speaking out against this perversity, which is one step away from a ‘snuff film.’ (If you don’t know what that is, Google it — be warned, even the definition is not for the sensitive.)

Gratefully, I have seen that many people are outraged at this porno performance, and I’m glad. The Rape, Abuse & Incest National Network RAINN, has spoken against this new video, calling it “dangerous” and a “stalker’s fantasy.” Katherine Hull Fliflet, the vice president of RAINN said in a statement, “[This video] is a dangerous depiction of a stalker’s fantasy – and no one should ever confuse the criminal act of stalking with romance. The trivialization of these serious crimes, like stalking, should have no place in the entertainment industry.” RAINN operates the National Sexual Assault Hotline and features programs to prevent sexual assault, help victims, and ensure that rapists are brought to justice.

According to press reports including The Enterprise of Brockton, Bridgewater State University police campus recently received allegations of two rapes on campus. University officials didn’t make the reports public and inform students. Sound like a foolish, ridiculous decision, no? Before the usual names in the feminist community start screaming how callous this is, and how it’s evidence of misogyny, let’s take a more careful look.

The reason the information wasn’t made public on campus and off? The suspects involved were quickly caught and there was no continuing danger, according to university officials. According to an Associated Press report, the alleged assaults were reported separately on Sept. 3 and Sept. 20. One allegedly occurred in a gym, the other in a dormitory. The university’s decision was explained by Fred Clark, executive vice president and vice president of external affairs, who told The Brockton Enterprise if there’s no perceived ”continuing threat, we don’t send out a notice if a crime occurred.”

Was this the right decision? As a Norfolk County sex offense attorney, I think so. My feeling hinges no only on the presumption of innocence afforded the defendants, but the lack of a continuing threat. I think that the University should have doubled-up the campus police presence and offered increased student awareness training. But to report a continuing threat where the alleged threat has by all appearances been removed, I’m not sure these circumstances justify panicking some students. And let’s not place last on the list: The reports involve allegations. No one yet knows what really happened in these incidents. Boyfriend-girlfriend fights are not all uncommon in these campus situations. Trust me; I’ve defended many a Massachusetts sexual assault charge, where the accusations were completely false. That goes for straight and gay couples, both.