Drunk Sex Is Rape? Barnard College Promotes Alcohol-Related Accusations
Posted on | January 19, 2016 | 41 Comments
“Alcohol [does not equal] Consent” — flyers bearing this bold headline have been posted in dormitories at Barnard College, according to Toni Airaksinen, a student at the elite all-women’s sister school of Columbia University. The flyers paraphrase a policy issued last year by Barnard’s Department of Public Safety, which states (p. 35):
The use of alcohol and other drugs can have unintended consequences. Alcohol and other drugs can lower inhibitions and create an atmosphere of confusion over whether consent is freely and affirmatively given. The perspective of a reasonable person will be the basis for determining whether one should have known about the impact of alcohol and other drugs on another person’s ability to give consent. Providing alcohol or other substances to another person without their knowledge or for the purpose of incapacitation to coerce sexual activity is a violation of the Policy. Consent is required regardless of whether the person initiating the act is under the influence of alcohol and/or drugs. The personal use of alcohol and other drugs never makes someone at fault for being sexually assaulted.
The Barnard policy states that accusers “will not be subject to the College’s Code of Conduct action for violations of alcohol and/or drug use policies” related to the alleged sexual assault. This preemptive amnesty for sexual assault accusers involved in incidents of underage drinking was required under a New York state law past last year, the Columbia Spectator reported in September:
As mandated by “Enough is Enough”—the state law passed in July—Columbia changed its language around the definition of affirmative consent, added a statewide student’s bill of rights, and changed its policy regarding drug and alcohol amnesty so that those who report sexual assault under the influence of alcohol and drugs will not be penalized. . . .
Though the policy now fully complies with Enough is Enough, Goldberg said that changes in the policy were not exclusively the result of the New York state law. “Most of the changes required by the New York law were also reflective of suggestions from students or other participants in the process,” she said.
In drafting the new policy, Goldberg said that she met with both students and lawyers who have participated in the process, in addition to some activist groups like No Red Tape and CASV.
“The updates reflect extensive comments from students throughout the University — including students who participated in the process, either as parties or as witnesses, but many students beyond that,” Goldberg said.
“Everyone’s interest is to have the policy work well and to have students feel comfortable accessing all of the resources on- and off-campus that provide support for experiences of gender-based misconduct,” Goldberg said.
The Spectator article was accompanied by a photo of two feminist protesters at Columbia, one of whom displayed a poster with the slogan: “If they aren’t sober they can’t consent.”
Research indicates that alcohol use is involved in at least 47% of all reported sexual assault incidents at colleges and universities.
Columbia was the scene of a high-profile protest by Emma Sulkowicz, who carried a mattress around campus to publicize her claim that she was raped by fellow student Paul Nungesser. Cleared of the charge in multiple investigations, Nungesser filed a lawsuit against Columbia. His lawsuit accuses the university of violating his rights by giving Sulkowicz academic credit for her protest, and quotes text messages from Sulkowicz that indicate she consented to sex with Nungesser.
While the administration at Columbia has vastly increased its efforts to deal with sexual assault, student activists are demanding more, the Columbia Spectator reported Monday:
A year has passed since Columbia expanded the size, staffing, and hours of the Sexual Violence Response offices after continued student activism.
But No Red Tape is pushing the Rape Crisis/Anti-Sexual Violence Center to expand the resources it offers again, demanding that the center’s three locations remain open 24 hours and employ professional staff trained in trauma response and cultural sensitivity.
The RC/ASVC is a confidential on-campus emergency resource center that immediately connects survivors to trained advocates who provide them with crisis relief and information about medical resources and reporting, and who will connect students to other trauma-related resources. SVR recently expanded the center to include three locations: Lerner Hall, Barnard Hall, and Columbia University Medical Center. . . .
The activist group [No Red Tape] is directing its request at the Office of University Life as part of an ongoing Demand a SAAFE Columbia campaign, which advocates for increased support, accessibility, accountability, funding, and enforcement of sexual violence policies by the University. Members of No Red Tape met with Executive Vice President for University Life Suzanne Goldberg as well as Interim Executive Director of Sexual Violence Response Suraiya Baluch in December to discuss their demands. . . .
While all Ivy League institutions, including Columbia, provide students with a 24/7 emergency hotline, Columbia would be the first to offer a 24-hour confidential on-campus sexual violence support center. . . .
Currently, Columbia’s RC/ASVC is the only university rape crisis center certified by the New York State Department of Health. In order for SVR to maintain its certification, all advocates must repeat 40 hours of trauma response training and be recertified every year. Representatives from SVR said that the training curriculum is informed by a social justice perspective, and that it recognizes the intersections of identity, oppression, and violence against women.
Feminists demand 24/7 support for rape victims at Columbia University https://t.co/uqXMtEtKDR pic.twitter.com/3AeXMBlVKk
— Robert Stacy McCain (@rsmccain) January 19, 2016
@rsmccain @NoRedTapeCU Why do I get the feeling nothing would make them happy.
— Vicki Fry (@VickiFry) January 19, 2016
Feminism's ultimate goal is to abolish happiness. #FeminismIsCancer @NoRedTapeCU https://t.co/i6G4h8I23t
— Robert Stacy McCain (@rsmccain) January 19, 2016
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