Jonathan Jenkins Ichikawa's blog
1.25.16
There is some truth in that
This post is part of a virtual teach-in in commemoration of UBC Sexual Assault Awareness month. See the #UBCSAAM hastag on twitter.
I suggested last week that often there will be grounds for institutional action in response to allegations of sexual assault, even if no criminal charges are filed or a criminal conviction cannot be reached.
One common response is that a policy that permits action in response to an assault that can't be proven in court is unfair to the alleged perpetrator. (I received several thoughts along these lines from members of the public at large in response to my op-ed.) I think this is a mistake—one that may be motivated by a failure to take seriously my suggestion that we sometimes have genuine knowledge, even when we can't prove something in court. I do not advocate institutional action in the absence of evidence or knowledge; I don't think, for example, that universities should expel students merely because they suspect them of being rapists. My proposal is that we should act on our knowledge. If the university knows that someone is attacking other students, it should take action to protect them. People sometimes forget that it's possible to have such knowledge without criminal trials, but it is obviously true. (I know that I walked my dog yesterday morning, even though I'd probably have a pretty difficult time proving it in court.) This was the core thought behind my Vancouver Sun op-ed—just because something is a criminal offence doesn't mean that law enforcement is the only entity that can or should be involved.
