Thursday, May 05, 2005

Women-Friendly Campus Rape Bill Sparks Disagreement & Concern



There is disagreement on this blog regarding the Campus Rape bill. There is also considerable concern, expressed in the blogosphere, over the fact that the bill would remove the requirement that colleges report rapes to local law enforcement agencies. Some of the confusion over the bill is largely due, in my view, to the media's general failure to provide enough details for the public to make informed judgments. For a thoroughly male-centered defense of the bill, see the comments section here.

While femmefire strongly opposes the bill, I support it. In my view, it's a good bill because it gives women more choices about whether or not to submit to the grueling legal process - a process which is often the equivalent of yet another rape.

According to the summary of HB1542, available at the General Assembly site, the bill stipulates that colleges no longer "have to report alleged sexual assault occurring on campus to law enforcement unless [the] victim consents to notification (emphasis added). "

If the bill passes, colleges will be required to report rapes to counselors instead of law enforcement agencies. As long as college employees are forced to report rapes to law enforcement agencies, women will continue to fail to report sexual assault on the campus, or even to avail themselves of supportive counseling services.

''When somebody comes to our facility for counseling, we would encourage them very strongly to report to the police,'' said Tim Tohill, executive director of the Rape and Sexual Abuse Center in Nashville. '' But we feel very strongly that one of the things rape victims go through is a total loss of control, and the last thing we want to do is to continue to take that control away.

''If they decide they want to go to the police, we support the victim 100%. But that needs to be the victim's choice.''

In the view of East Tennessee State University counselor, Bushore-Maki, existing law "takes away the victims right to control who knows and when they know and whether or not he or she wants to report."

Current law shows absolutely no respect for a woman's wishes by requiring "any university employee who knows a student has been sexually assaulted to report it to police."

The intent of the Campus Rape bill is to change current law by giving this decision back to women. This will encourage women to feel that it is safe to seek counseling. Lawmakers hope the proposed changes will result in more women coming forward to report sexual assaults.

There were no rapes reported on college campuses in the Tri-Cities last year....counselors say that's unrealistic... it's just that most victims are afraid to tell their story. "I would say maybe 5 percent of the students who have been assaulted have come forward and even spoken to me in confidence. That is how guarded people are," says ETSU Counselor Kim Bushore-Maki. Counselors say the law tampers with trust and could keep victims from speaking out at all.

So lawmakers are making changes hoping victims will speak up to counselors and be guided to convicting these rapists.

25 percent of women will be involved in some form of sexual violence, less than five percent will report it. Why? The success rate of conviction is very low, 1 in 1000 rapists will actually go to jail.


The Campus Rape bill is supported by Rep. Beverly Marrero. Marrero is, by far, the most articulate and fervent champion of women's rights in the Tennessee Legislature.

The Campus Rape bill has passed the House and is now moving to the Senate, where it is sponsored by Sen. Tim Burchett (R-Knoxville). The Senate version of the bill is SB811. Please contact your senator and urge her or him to support this women-friendly bill.