Minnesota football team ends boycott over sexual assault case

Dec 17, 2016 13:34

Minnesota's university football team have reversed a pledge to boycott games over the suspension of 10 players over an alleged sexual assault.

The team had threatened not to play until the school authorities gave "satisfactory answers".

The university earlier suspended the 10 players without providing any reasons, following an internal inquiry. ( Read more... )

sex, education, law, rape, college/university, sexual assault, bbc, sports, minnesota, students

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meadowphoenix December 18 2016, 01:19:35 UTC
Mine main problem is that in no way should the university be investing, holding a trial, hearing or anything of the like for a criminal matter. Those should never be run by private (or public/private) organization.

They don't decide whether they go to jail (criminal) or even have to pay money to the victim (civil). They decide what punishments in school such as suspensions or expulsion they should or should not get. They're deciding whether there was a violation of the school's code of conduct, not whether there was a crime. The courts cannot decide this, they have no jurisdiction over it. Even if a court were to find all of them guilty, they could not force the school to expel any of them. In other words, this hearing would happen whether or not there was a criminal investigation and could still happen even if a prosecutor decline to prosecute. Which is good thing ( ... )

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pairatime December 18 2016, 04:41:36 UTC
Okay, I failed to realize that. Still not sure I like it but I think I get it more.

schools have no obligation to report incidences of crime on campuses
this I do have a problem with and honestly not reporting it should make them accessory after the fact or something if there was a crime.

And hopefully, somebody got these idiots together on sexual assault and why they willingness to boycott something like due process is shitty, dumb ass mfs.

I'm annoyed the courts aren't trying it because now we'll never know what really happened. Most of the schools hearing will be sealed, as they often are, and no matter how it turns out there will be finger pointing with no public evidence. Just annoying.

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meadowphoenix December 18 2016, 05:35:33 UTC
Okay, I think there should be some reporting, like it should be public what type and how much crime happens on campuses and I think it should be public when crime happens in or around campuses.

But.

People who want sexual assaults reported to the police very clearly either do not know or are not thinking of the effect this will have on the victim. Suffice it to say that the criminal justice system can be extremely traumatic to victims, just in the investigation phase, let alone the trial phase, and that should not be sprung on them (because once it is sprung the victim has no control) because a college doesn't want to get cited.

Which is to say, although it is infuriating how self-serving school can be when safeguarding their reputation as "safe", this isn't a situation in which it is solely ethical to ignore the desire and wants of the victim, and I don't think anyone's desire to know what's going on should necessarily trump a victim's desire for an option less harmful to them.

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pairatime December 18 2016, 05:47:54 UTC
It's always on the victim to press charges (or should be), without their agreement there is no case because if it's not forced it's not a crime and only the people involved can say if why felt forced or not. But once they say they want to press chargers the public, by which I mean the police and the courts, have to carry it through. Not a private group.

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meadowphoenix December 18 2016, 06:31:24 UTC
That the police didn't arrest anyone for a crime is on them. A school shouldn't refuse to investigate a code of conduct violation because the police didn't want to arrest anyone. How would that help the victim? A police investigation and a school investigation are independent of each other, so I'm not sure why you think one is supplanting the other. They are parallel actions, not different levels of justice.

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pairatime December 18 2016, 17:11:24 UTC
Without knowing the details (that mostly aren't public) there is no way to know why the DA didn't arrest anyone. Which is why I support all matters like this being put to a grand jury. Then if they don't advance the case it's likely (but not always) because of a lack of evidence. I would trust a grand jury to make that claim, the DA not so much.

I'm honestly not sure why but I just don't like the idea of a private group investing a crime of this type.

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meadowphoenix December 18 2016, 18:58:24 UTC
I would trust a grand jury to make that claim, the DA not so much.
Who do you think both gets the evidence for a grand jury and presents it, frames it, to a grand jury? Do you really think DA's don't get the result they were going to advise anyway from a grand jury, which DAs mostly use to cover their asses? Do you think they're public (they are not)? I think you need more information about how the justice system actually works, because that's not even going into logistical problems (i.e. people do not want to miss their salary for months).

Anyway, maybe it would help if you didn't think of it as whether they were investigating a crime? Because they're not. If sexual assault wasn't a crime, and frankly certain assaults aren't, they'd still have to decide whether the action violated their code of conduct. And I don't get how this is, evidence wise, different than them investigating fights, also crimes. Especially since they didn't use to investigate and the person who would have to drop out of school would be the victim. Like ( ... )

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pairatime December 19 2016, 02:28:43 UTC
There are laws and rules about how information is to be given to a grand jury, and after the case they are open to speak almost any way they want about what happened so yes I trust them more. Far more than a DA.

If sexual assault wasn't a crime, and frankly certain assaults aren't, they'd still have to decide whether the action violated their code of conduct.

But sexual assault is a crime so even if they aren't a criminal court they are still looking into a crime. And for things that aren't crimes I don't mind.

And I don't get how this is, evidence wise, different than them investigating fights, also crimes.

And if charges are pressed it should be the police and courts investigating not the school. If no charges are pressed it's not a crime (not all fights are)

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meadowphoenix December 19 2016, 14:30:47 UTC
There are laws and rules about how information is to be given to a grand jury, and after the case they are open to speak almost any way they want about what happened so yes I trust them more. Far more than a DA.
You could have done a quick wiki to see that wasn't the case, lmao. Grand juries are secret, literally only the witnesses are allowed to speak up. And no, there are rarely any laws or rules about information (some state requires actually exculpatory info, but not all, and the prosecution doesn't have to present what it didn't look for), except that it doesn't follow the rules of evidence and none of the witnesses have a right to a lawyer, lmao. Like, again, it's probably a good idea to do some research before you speak so confidently.

But sexual assault is a crime so even if they aren't a criminal court they are still looking into a crime. And for things that aren't crimes I don't mind.So if in 1989 a woman was raped by her husband, you'd be okay with the college deciding whether he should continue to go to the school, but ( ... )

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pairatime December 19 2016, 17:35:47 UTC
Grand juries are secret, literally only the witnesses are allowed to speak up.

not once the case is over and they are released, then like any jury they are free to speak. and yes I did research which is why I like them making the choice far more than the DA making all on their own. At no point did I say it was perfect because nothing is but a group of people talking it is better and I stand by it.

You don't think people should get their job to investigate whether they should fire another employee who's stalking them either?
I'm honestly not sure what you are asking here but stalking is a crime.

but say the dude pleads out with probation
Then dude pleaded to a crime and if the school feels the crime was enough to have dude removed I'm cool with that because they aren't investing, someone else did that, the school is responding to results.

He should be able to legally harass her because the school shouldn't do anything?If the rapist is harassing someone there are legal actions that person can take because as far am I'm aware in the ( ... )

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meadowphoenix December 19 2016, 18:22:54 UTC
Fed Rule of Crim Procedure Rule 6(e)(2)(b). States have similar rules, see Minn Rule of Crim Procedure 18.07, which is relevant here. Jurors can't disclose afterwards and some have even gotten fined for doing so.
So receipts: what told you otherwise? Because you are literally wrong.

Yes, stalking is a crime. So what you're saying is that a victim cannot ask their employee to investigate whether another employee is stalking them while on the job without going to the police? An employer shouldn't be able to do anything about their employee's behavior without police approval? They can see the behavior, but until the police say "wow that's a crime" they can't do anything about it?

I see you didn't answer my question about marital rape, which wasn't a crime everywhere before 1990, versus stranger rape. That didn't escape my notice. Are you going to address it or nah? What philosophical virtue is there for the school to be able to address one but not the other?

Then dude pleaded to a crime and if the school feels the crime was ( ... )

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pairatime December 19 2016, 18:54:59 UTC
So receipts: what told you otherwise? Because you are literally wrong.
So every time I read an article or book or watch a new interview of a jurier they are breaking the law? Something really needs to be done about that then. Then I will admit I was wrong about that. 12 people making a decision rather than 1 is still better.

Given that 1990 was over 25 years ago I choose to ignore it because it doesn't matter. I'll deal with that the law is or should be, not what was it and never should have been.

So, on the flip side of the original hypothetical, it's okay with you if the school takes that pressured plea as a reason to kick the dude out and shouldn't do any investigation or have any hearing themselves?
If they plead guilty to rape than yes. The school can assume they did it as the person said they did.

They should take the word of the justice system you just yourself said was flawed and untrustworthy?I did say flawed but I never said untrustworthy. I trust the system just fine. I would trust it more if it made some changes yes ( ... )

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meadowphoenix December 19 2016, 19:38:48 UTC
So every time I read an article or book or watch a new interview of a jurier they are breaking the law?
Petit juries (trial 6-12 people) and grand juries (indictment usually 16-23 people) are two different things. The ones with books and interviews are from petit (trial) juries, who can say whatever afterwards. Also, I find it kinda shitty that you tried to clown me that you had done research. Yes you are wrong, and no it's not okay to try to keep the high ground with bullshit. Wrong and strong folks, i swear to god.

never should have been.
That is my point. It does matter because plenty of laws exist now with that same problem. And there are still actions of rape that aren't on the book. You're refusal to deal with the hypothetical is unreasonable. But if it helps...substitute marital rape with rape because of fraud (i.e. you pretend to be the victim's SO in the dark to sleep with them), which is not illegal now, in everywhere but CA. Can you answer that? Again, what the is philosophical virtue of being able to handle rape ( ... )

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pairatime December 19 2016, 22:31:15 UTC
I know there are two kinds of juries and I will freely admit that I though being able to talk openly after the fact went for both and I was wrong. But when more than half of a grand jury (12 people) deiced something I feel it has more weight than one DA. I fail to see the problem with that.

Can you answer that? Again, what the is philosophical virtue of being able to handle rape because of fraud but not stranger rape?Okay here is an answers. No the schools shouldn't be dealing with it because it should be a crime, that isn't not is what needs to change ( ... )

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meadowphoenix December 20 2016, 06:36:43 UTC
I fail to see the problem with that.
The problem is that I'm extremely skeptical your reasoning is backed up with anything evidentiary. But since that's the case, and since even taking you at your word would not clear up the logical inconsistencies in your position, that's neither here nor there.

that isn't not is what needs to change
Okay, but frankly you have to deal with the now. The now is that it isn't a crime. The now is that that might not change for years. So now what is the philosophical virtue of treating them differently?

I meant that it leaves room for doubt and questions.
You were clear, it's just that the implication of your words, both here and in your previous comments is that the current system is untrustworthy (not trustworthy enough to replace with a completely different system means not trustworthy).

yes I am white and in the US.Okay, this is where I gently says that your privilege may be blinding you to the systemic faults of the system and I greatly encourage you to broaden your understanding. If you want ( ... )

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pairatime December 20 2016, 07:24:22 UTC
The problem is that I'm extremely skeptical your reasoning is backed up with anything evidentiary.
I need evidence to show why I think 12 people from the general public are less likely to decline to prosecute someone (or a team of someone) than a single DA who has to worry about keeping his job? I have no idea what evidence I'd show.

The now is that that might not change for years. So now what is the philosophical virtue of treating them differently? and what I want (courts dealing with it and not schools) isn't now either so if one is changes the other would need to change too. I see no problem with thinking both need to change.

You were clear, it's just that the implication of your words, both here and in your previous comments is that the current system is untrustworthy (not trustworthy enough to replace with a completely different system means not trustworthy).I guess I'm giving the wrong implications. It's not a completely different system I want. A grand jury are already a part of the system, I just want them used more to ( ... )

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