Wrong way to prosecute rape cases
The Wrong Way To Prosecute Rape Cases
Far too often in this country, women in college are raped by other students who suffer minimal consequences. Instead of immediately summoning qualified law enforcement authorities, universities quietly handle these and other criminal cases internally through campus disciplinary councils.
Such councils typically comprise students and faculty who aren’t remotely qualified to prosecute serious criminal cases. Few can argue with disciplinary councils hearing cases such as plagiarism, misconduct or other violations of the school’s honor code. But allegations of rape belong in a different league.
When campus disciplinary committees take on cases of alleged rape, as happened recently at Southern Methodist University, real justice can be delayed, if not completely denied. Rapists can walk free with minimal punishment. Victims can be left humiliated and frightened, knowing their attackers still roam the campus.
In the SMU case, a student-faculty disciplinary council heard rape allegations a female student made in February against Donald Samuel Cuba, 20, now an SMU junior. The council found him guilty, but a second panel overruled. The hearings were behind closed doors, and lawyers were excluded. An SMU spokesman made clear that referral to such a panel is voluntary, and student victims are encouraged to file criminal charges. But for cases as serious as alleged rapes — 10 of which were reported at SMU from 2009 to 2011 — disciplinary councils shouldn’t even be an option.
The university passed the results of its investigation to the Dallas County district attorney’s office. Now, seven months after the alleged rape, Cuba faces sexual assault charges.
Even Cuba’s attorney, Robert Udashen, says the campus council had no business handling this case. “This allegation is much too serious to do hearings like that,” he said.
The Washington-based Center for Public Integrity has spent years investigating
Far too often in this country, women in college are raped by other students who suffer minimal consequences. Instead of immediately summoning qualified law enforcement authorities, universities quietly handle these and other criminal cases internally through campus disciplinary councils.
Such councils typically comprise students and faculty who aren’t remotely qualified to prosecute serious criminal cases. Few can argue with disciplinary councils hearing cases such as plagiarism, misconduct or other violations of the school’s honor code. But allegations of rape belong in a different league.
When campus disciplinary committees take on cases of alleged rape, as happened recently at Southern Methodist University, real justice can be delayed, if not completely denied. Rapists can walk free with minimal punishment. Victims can be left humiliated and frightened, knowing their attackers still roam the campus.
In the SMU case, a student-faculty disciplinary council heard rape allegations a female student made in February against Donald Samuel Cuba, 20, now an SMU junior. The council found him guilty, but a second panel overruled. The hearings were behind closed doors, and lawyers were excluded. An SMU spokesman made clear that referral to such a panel is voluntary, and student victims are encouraged to file criminal charges. But for cases as serious as alleged rapes — 10 of which were reported at SMU from 2009 to 2011 — disciplinary councils shouldn’t even be an option.
The university passed the results of its investigation to the Dallas County district attorney’s office. Now, seven months after the alleged rape, Cuba faces sexual assault charges.
Even Cuba’s attorney, Robert Udashen, says the campus council had no business handling this case. “This allegation is much too serious to do hearings like that,” he said.
The Washington-based Center for Public Integrity has spent years investigating