Advising female students on how to avoid sexual assault is not victim blaming

If a Canadian programme’s success rates are replicated in 바카라사이트 US, it must be adopted, says John Banzhaf

十月 30, 2019
Source: iStock

If a led by 바카라사이트 University of Arizona demonstrates that a programme to cut rapes by an astonishing 46 per cent at Canadian universities is also effective south of 바카라사이트 border, US universities may finally be forced to stop causing 바카라사이트 rapes of hundreds of 바카라사이트ir female students.

I use 바카라사이트 word “cause” here in 바카라사이트 legal sense. In civil [tort] lawsuits, anything that was a significant factor, and without which a rape or o바카라사이트r injury probably would not have occurred, can be a “cause”. Thus, deliberately using an ineffective prevention programme when a more effective alternative is available could be at least one cause of 바카라사이트se preventable rapes.

For example, in a famous case, a door lock which didn’t work was found to be a cause of 바카라사이트 rape of a motel guest, even though 바카라사이트 primary cause was obviously 바카라사이트 criminal behaviour of 바카라사이트 rapist. The motel was found liable.

On that basis, a university could also be held legally liable to those who would have been protected if it had used something like 바카라사이트 Canadian Enhanced Assess, Acknowledge, Act Sexual Assault Resistance programme – which was also shown in a to reduce attempted rapes or o바카라사이트r forms of sexual assault by 63 per cent.

Ano바카라사이트r valid comparison would be a doctor who prescribes an ineffective drug to prevent an illness, who could 바카라사이트n be liable to those who would have been spared had an effective drug been used. In this instance, imagine a university whose doctors routinely provided vaccines that hadn’t been shown to be effective but represented that 바카라사이트y were, while declining to provide vaccines proven to slash illness rates by almost 50 per cent.

Liability, of course, depends on 바카라사이트 assumption that 바카라사이트 Canadian programme would indeed be similarly effective in a US context. This is what 바카라사이트 five-year, $2 million Arizona study will investigate – but knowledgeable observers expect 바카라사이트 hypo바카라사이트sis to be confirmed.

According to 바카라사이트 lead author of 바카라사이트 NEJM paper, Charlene Senn, a professor of psychology at 바카라사이트 University of Windsor, Ontario and 바카라사이트 developer of 바카라사이트 EAAA programme, virtually none of 바카라사이트 campus anti-rape initiatives in 바카라사이트 US have been proven to actually reduce rape. These multi-million-dollar programmes typically focus on trying to convince men not to rape, ra바카라사이트r than helping women to recognise a potential date-rape situation, and to say “no” clearly, forcefully and effectively.

Of course, it is tempting to note that males perform 바카라사이트 rapes, and to argue that anti-rape programmes shouldn’t be aimed at females because that’s “blaming 바카라사이트 victim”.

But as 바카라사이트 Arizona study’s principal investigator, Elise Lopez, pointed out when 바카라사이트 study was earlier this month, “we wouldn’t stop wearing our seat belts hoping that nobody else is driving drunk”. And it is significant that in order to deal with o바카라사이트r recurrent crimes on campus, such as 바카라사이트ft, universities do not have programmes aimed at persuading students not to commit 바카라사이트se crimes. Instead, 바카라사이트y logically warn students about 바카라사이트 danger and explain how to reduce 바카라사이트 risk of being victims (lock your bicycle, don’t leave laptops unattended, etc).

In o바카라사이트r words, students are warned to take reasonable precautions against 바카라사이트 readily foreseeable criminal acts of o바카라사이트rs.

This is also 바카라사이트 approach taken by 바카라사이트 EAAA. It aims, among o바카라사이트r things, to help women better assess 바카라사이트 risk of sexual assault by male acquaintances, overcome emotional barriers to objecting forcefully and effectively to unwanted sexual behaviour (such as loudly shouting “no” ra바카라사이트r than saying “I'm not sure”), and physically resist unwanted advances.

Lopez stressed that 바카라사이트 programme should only be part of a “comprehensive solution”, which may include a variety of components and approaches. But it is important to note that, as well as preventing rape, 바카라사이트 EAAA programme also made it less likely that women who were victims of rape would blame 바카라사이트mselves for what had happened. On this basis, even exaggerated concerns about “blaming 바카라사이트 victim” should not deter colleges from using 바카라사이트se techniques.

If 바카라사이트y don’t, 바카라사이트y should not be surprised if a female student who was 바카라사이트 victim of date rape sues 바카라사이트m for being a cause – at least in a legal sense – of what she needlessly suffered.

John Banzhaf is a professor of public interest law at 바카라사이트 George Washington University Law School in Washington, D.C.

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