Author: Stewart Justman

When “Believe the Victim” Backfires

A few years ago the University of Montana, where I was teaching, found itself at the epicenter of a national crisis of campus rape. Even as the U. S. Department of Education directed colleges and universities to lower the level of evidence necessary for conviction in sexual assault cases, the Department of Justice censured the lax investigation and prosecution of such cases at UM in particular, in effect making UM an example to the nation. But not only was UM under the eyes of federal monitors. DOJ made it known that it would also be looking closely into the handling of allegations of rape in the city of Missoula, of which UM is part. In this charged atmosphere, and with the national press looking on as well, two members of the UM football team—one of them none other than the quarterback and team captain—were charged with sexual intercourse without consent. The respective incidents took place two years apart. In the first case, where the crime was reported to the police fifteen months after it occurred, …