Black men protected most by Trump reforms to Obama-Biden campus sexual assault rules, experts say

https://justthenews.com/politics-policy/education/black-men-hit-most-obama-biden-campus-assault-rules-denying-due-process

Black men protected most by Trump reforms to Obama-Biden campus sexual assault rules, experts say

Critics say there were ‘parallels between the treatment of black men accused of rape during the infamous Jim Crow period and the adjudication of sexual assault cases in the current [Obama] era.’

By Carrie Sheffield

May 12, 2020

Critics say black men were disproportionately hit by Obama-Biden campus sexual assault rules denying due process and are cheering the Trump administration’s reversal of those policies.

On Wednesday, the Department of Education released new Title IX regulations that codify the obligation of schools to investigate claims of sexual assault and harassment. Previous rules under the Obama administration laid the groundwork for what exists today on many campuses: byzantine sexual misconduct disciplinary systems that investigate and punish all manner of sex-related behavior — from sexually suggestive jokes to drunken couplings to forcible rape. Critics say these extra-judicial systems often abandon the presumption of innocence and stack the deck against accused students, denying them basic due process.

“Once again, the Trump administration is righting a wrong perpetrated by Joe Biden, who as Vice President spearheaded a Title IX initiative that attempted to overhaul the assumptions on which our legal system is built and undermined the ability of the accused, usually men and often men of color, to get a fair hearing,” Andrew Clark, Rapid Response Director for the Trump campaign, wrote in a press statement. “Black men were disproportionately hurt by Biden’s campus sexual assault policy.”

In his statement, Clark linked to a 2018 report from The College Fix titled, “Believe the survivor? Here’s 11 times young black men were railroaded by campus sexual assault claims.”

“Six years’ worth of dismal due process rights for the accused has led to hundreds of young men fighting sexual assault claim allegations in court,” wrote The College Fix’s Michael Jones. “Even more concerning, this lack of protection has rendered one group particularly vulnerable — young black men.”

Jones cited a report from Center for Prosecutor Integrity, a nonprofit group that fights the “over-criminalization” of sexual activities. The report argues there are “parallels between the treatment of Black men accused of rape during the infamous Jim Crow period, and the adjudication of sexual assault cases in the current era.”

Jones also referred to Harvard Law School Professor Janet Halley, who has helped represent both alleged victims and alleged perpetrators in campus sexual-misconduct investigations. Halley testified before Congress in 2015 that male students of color are accused and punished at “unreasonably high” rates.

In her written testimony to Congress, which was an article she’d written for The American Prospect Magazine, former federal judge Nancy Gertner, a retired Harvard Law professor, also pointed to “the racial implications of rape accusations, the complex intersection of bias, stereotyping, and sex in the prosecution of this crime.”

The Trump campaign noted that multiple journalists and political analysts have called attention to Biden’s politically selective standards for weighing guilt and innocence in sexual assault cases

“It’s despicable that Joe Biden lowered the standards for accusations on college campuses to basically install a presumption of guilt for the accused,” Paris Dennard, Black Voices for Trump Advisory Board member, told Just the News. “There is no doubt these policies disproportionally impacted students of color. Now that he is in the hot seat, Biden doesn’t want that same standard applied to him, and that is the height of hypocrisy. I am confident the black community will see the arrogance of Joe Biden for thinking the same rules don’t apply to him.”

John Burnett, a Republican strategist and African-American activist based in New York City, told Just the News that the Trump administration’s new campus rules dovetail with prior actions Trump has taken to reform the criminal justice system, including a law known as the First Step Act. A report by the U.S. Sentencing Commission found that 91% of the 1,051 people who received retroactive prison sentence reductions under the act were black.

“Biden is the liberal that Malcolm X warned black America about over 50 years ago,” Burnett said. “The Trump administration made criminal justice reform a priority by passing the First Step Act, and currently working on a Second Step Act, while undoing the Title IX campus initiative to curtail due process rights that disproportionately impacted black men. Hence, he is dismantling Biden’s legacy of mass incarceration.

The Biden campaign did not respond to a request for comment from Just the News. Biden has enjoyed strong support among black voters during the Democratic presidential primary, with key support from Rep. Jim Clyburn (D-S.C.), a well-known black civil rights leader, playing a pivotal role in turning Biden’s political fortunes around after stinging defeats in Iowa and New Hampshire.

Supporters of the new Trump-era regulations, which carry the force of law, say they will help both alleged victims along with the accused.

“The new rules protect survivors by making college disciplinary decisions more likely to withstand legal scrutiny and by emphasizing the need for supportive measures for victims — even for those who choose not to file a formal complaint,” Jennifer C. Braceras, director of the Independent Women’s Law Center, said in a statement. “Only by addressing claims of sexual misconduct and providing due process can colleges begin to restore faith in the system.”

May 12, 2020. Tags: , , , , , . Barack Obama, Donald Trump, Racism. Leave a comment.

Why is the New York government hiding the name of a woman who admitted that she had falsely accused two men of rape after her false accusation caused them to spend 26 and 11 years in prison?

I recently came across this New York Times article from May of this year.

It says that two innocent men were falsely accused of rape, and were convicted largely based on the testimony of the alleged victim.

One of the innocent men spent 26 years in prison. The other innocent man spent 11 years in prison.

The woman now says that the rape “never happened.”

The New York Times article says that the government of New York has not identified the woman.

Why is the New York government hiding the name of this woman who admitted that she had falsely accused two men of rape after her false accusation caused them to spend 26 and 11 years in prison?

And why hasn’t she been prosecuted for these false accusations?

September 23, 2018. Tags: , , , . Sexism, Violent crime. 1 comment.

Body-cam footage proves that black woman lied about being sexually assaulted by white police officer

Body-cam footage proves that a black woman lied about being sexually assaulted by a white police officer.

Were it not for the video footage, this innocent police officer could have lost his job and reputation.

This is a legitimate case for a defamation lawsuit.

 

http://www.star-telegram.com/news/state/texas/article211734544.html

She accused a Texas state trooper of sexual assault. Then her lawyer apologized.

May 23, 2018

WAXAHACHIE – An allegation that a white Texas state trooper sexually assaulted a black woman last weekend in Waxahachie went viral on social media.

But after the Department of Public Safety published the full body-cam video of the incident, Sherita Dixon-Cole’s attorney, Lee Merritt, apologized online and said that the trooper in question had been “falsely accused.”

Cole, 37, of Grapevine, was pulled over at about 1:30 a.m. Sunday for a traffic violation and arrested on suspicion of driving while intoxicated. She was transported to the Ellis County Jail and charged, according to the DPS.

During the stop, Cole alleged, Officer Daniel Hubbard offered her special treatment for sex, then sexually assaulted her, according to a news release tweeted Monday by Merritt.

The allegations, which the DPS denied Sunday evening, were amplified on social media by Merritt and social activist and journalist Shaun King, who wrote that Cole had been “kidnapped and raped” in posts that were widely shared and re-tweeted from his Facebook and Twitter accounts. He also alleged in an article he wrote for BlackAmericaWeb.com that Hubbard threatened to kill her fiancé if she said anything.

A Google search Monday morning for “Shaun King Sherita Cole” returned nearly 150,000 results.

King has since deleted his social media posts about the incident. He did not immediately respond to email and text requests for comment.

Merritt, a civil rights attorney who left up tweets about Cole’s allegations after the video was released, did not immediately respond to a request for a comment or indicate whether he was still representing Cole.

The DPS released the full body-cam video, which is nearly two hours long, shortly before midnight on Tuesday and said the department was “appalled that anyone would make such a despicable, slanderous and false accusation against a peace officer who willingly risks his life every day to protect and serve the public.” After its release, Merritt apologized.

“The body camera footage released directly conflicts with the accounts reported to my office,” Merritt wrote on Facebook. “There is no readily apparent evidence of tampering with the footage. Officer Daniel Hubbard seems to comport himself professionally during the duration of the traffic stop and arrest.”

Merritt wrote that without further evidence, Hubbard “should be cleared of any wrongdoing.”

“It is deeply troubling when innocent parties are falsely accused and I am truly sorry for any trouble these claims may have caused Officer Hubbard and his family,” Merritt wrote. “I take full responsibility for amplifying these claims to the point of national concern.”

DPS spokesman Lonny Haschel said, “The video shows absolutely no evidence to support the accusations against the trooper during the DWI arrest of the suspect.”

He said he had no information as to whether Hubbard plans any legal action regarding the allegations made against him. He didn’t know whether Merritt had dropped Cole as a client or if she’d taken back her allegations.

By Wednesday morning, Cole appeared to have hidden or deleted her Facebook page. Attempts to reach her online and via phone were unsuccessful.

June 2, 2018. Tags: , , , , , . Fake hate crimes, Racism, Social justice warriors. Leave a comment.

Poll: What should the prison sentence be for someone who makes a false accusation of rape?

A false accusation of rape can cost an innocent person their education, their job, and their reputation. It can force them to spend years in prison. It can ruin their life.

In addition, every false accusation of rape potentially gives ammunition to people who might want to falsely argue that other accusations or rape – ones in which a rape really did take place – are false.

It’s also a waste of the taxpayers’ money.

 

https://nypost.com/2017/12/16/rape-trial-falls-apart-after-accusers-40000-texts-are-revealed/

Rape trial falls apart after accuser’s 40,000 texts are revealed

December 16, 2017

A student has described going through “mental torture” after a rape case against him was thrown out in court because police had failed to hand over more than 40,000 messages from his accuser.

Liam Allan, 22, faced up to ten years in jail charged with six counts of rape and six counts of sexual assault against a young woman over a 14-month period that began when he was 19.

The criminology student at Greenwich University had spent nearly two years on bail and three days in Croydon Crown Court when the trial was stopped in a dramatic fashion after it emerged police officers had failed to hand over evidence that proved his innocence.

The alleged victim had claimed she did not enjoy sex, while Mr Allan claimed it was consensual and she was acting maliciously because he refused to see her after he returned to university.

Now, the judge has called for an inquiry at the “very highest level” to understand why police failed to hand over critical evidence including 40,000 messages from the accuser to Mr Allan and friends.

The messages showed how she had continually messaged Mr Allan for “casual sex”, said how much she enjoyed it and discussed fantasies of violent sex and rape, The Times reports.

Outside the court, Mr Allan said he went through “mental torture” over the two year period and relied on the system to uncover evidence that would exonerate him.

When first accused, he turned to a local lawyer he had done work experience with and said he was terrified at the idea of going to prison with sex offenders and worried about what would happen to his mum and flatmates when he was away.

“You are all on your own. I could not talk to my mother about the details of the case because she might have been called as a witness. I couldn’t talk with my friends because they might have been called. I felt completely isolated at every stage of the process,” he said.

“I can’t explain the mental torture of the past two years. … I feel betrayed by the system which I had believed would do the right thing, the system I want to work in.”

The life-changing discovery was made at the 11th hour when a new prosecutor, Jerry Hayes, took over the case one day before the trial began and ordered police to hand over records — including a computer disk that contained 40,000 messages.

Mr Allan’s lawyers had already sought access to the accusers’s telephone records and messages but their requests were denied on the basis there was nothing of interest in them.

Upon discovering the messages, Mr Hayes said he would offer no evidence in court and would like to “apologise” to Mr Allan.

“There was a terrible failure in disclosure which was inexcusable,” he said. “There could have been a serious miscarriage of justice, which could have led to a very significant period of imprisonment and life on the sex offenders register. It appears the officer in the case has not reviewed the disk, which is quite appalling.”

Speaking later, he said detectives had previously told him the sexual messages were “too personal” to share.

“The defence quickly saw the information blew the prosecution out of the water. If they had not been seen this boy faced 12 years in prison and on the sex offenders’ register for life with little chance of appeal. This was a massive miscarriage of justice, which thank heavens was avoided,” he told the BBC.

Judge Peter Gower said Mr Allan was not guilty on all charges.

“There is something that has gone wrong and it is a matter that the Crown Prosecution Service (CPS) in my judgment should be considering at the very highest level,” he said.

“Mr Allan leaves the courtroom an innocent man without a stain on his character.”

Mr Allan’s defence lawyer Julia Smart said she also received details about the text messages the night before she was due to cross examine the accuser, and when she told the court of her findings the trial was scrapped.

Mr Allan’s mum, Lorraine Allan, 46, said the “current climate” means that many people are treated as “guilty until you can prove you’re innocent.”

A spokesman for London Metropolitan Police said: “We are aware of this case being dismissed from court and are carrying out an urgent assessment to establish the circumstances which led to this action being taken.

“We are working closely with the Crown Prosecution Service and keeping in close contact with the victim while this process takes place.”

The Crown Prosecution Service said they will not conduct a “management review” with the Metropolitian Police to “examine the way in which the case was handled.”

Mr Hayes, who is a former Conservative MP, wrote in The Times the case marked the most “appalling failure of disclosure I have ever encountered.”

“The CPS are under terrible pressure, as are the police. Both work hard but are badly under-resourced.

“Crown court trials only work because of the co-operation and goodwill of advocates and the bench — but time pressures are making this increasingly difficult.

 

December 18, 2017. Tags: , , , , . Polls, Sexism, Violent crime. 1 comment.

The social justice warriors who control Amherst College expelled an innocent student who was falsely accused of sexual assault, because they think emotions are more important than evidence

At Amherst College, an innocent male student who was expelled after being falsely accused of sexual assault says that he can use text messages to prove his innocence. But the school and a judge won’t let him do that, because it might hurt the feelings of the female student who made the false accusations against him.

Social justice warriors, as always, think that emotions are more important than facts.

You can read about it at http://reason.com/blog/2017/01/31/amherst-student-expelled-for-sexual-misc

January 31, 2017. Tags: , , , , , , , . Social justice warriors. Leave a comment.