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Re:The Transformation of Sexual-Harassment Law Will Be Doubl... by prepend on Wednesday December 20, 2017 @07:06PM (#15975127)
“Why not courts? Courts are constitutionally required to have a higher standard of evidence than other institutions. In the usual case where a rape has absolutely occurred, the evidence often amounts to he-said/she-said. That's rarely enough for a conviction. That's understandably deeply dispiriting to anti-rape activists, so they move activism toward places that can afford lower evidentiary standards.”

This is a really interesting idea. But how would you confirm sexual assault. Are you saying that “innocent until proven guilty” should be revised?

What other crimes do you think this should apply?

Re:The Transformation of Sexual-Harassment Law Will Be Doubl... by scarmig on Wednesday December 20, 2017 @07:26PM (#15975248)
I was being descriptive of why courts don't effectively adjudicate sexual assault now. I wasn't proposing any particular solution, because it is a hard problem.

As a thought experiment, you can imagine a world where courts are required to give instructions to the jury, telling them that they must always treat an alleged victim's testimony as a 100% accurate representation of the incident. That would make most sexual assault cases slam dunk. And it'd result in more guilty rapists being convicted, and very likely more of them than the number of innocent people falsely accused of rape.

Is that an appropriate use of institutions of justice? I don't think so. And it wouldn't be sustainable, as it'd weaponize accusations in a way that they're not now: you'd rapidly see people abusing it, and see a huge backlash.

But there's not an alternative justice-wise to that, which is why attentions are turned to other institutions that can only offer a slap on the wrist, but a slap on the wrist that can be based on very little evidence. No one is really happy with that reality, but no one has any better ideas.

That's why an epidemiological approach--running tests on everything from lights, to educational programs, to banning hard alcohol at school or work sponsored events--seems like the best way out of this hole to me.

Re:The Transformation of Sexual-Harassment Law Will Be Doubl... by belorn on Thursday December 21, 2017 @04:48AM (#15977587)
Running tests is nice as long you hold the experimenters accountable to actually measure the effect.

For example, educational programs sound as a rational idea until you look at older studies that looked at the effect of increasing the punishment for crime. As I recall there were no effect for most form of violence, including sexual violence, with the researchers conclusion that much crime don't follow rational planning. If the criminal don't do a risk vs reward analysis before the crime, then increasing the punishment won't have an effect on the thought processes. Similar education and work sponsored events is unlikely to help if the action is irrational and involve a lot of self-delusions.

I can see how mores lights and banning hard alcohol can work. People have a emotional reaction to light, and drugs/alcohol operate on the part of the brain that handles social interaction and inhibitions.

Re:The Transformation of Sexual-Harassment Law Will Be Doubl... by sheepmullet on Wednesday December 20, 2017 @08:57PM (#15975726)
> That's why an epidemiological approach--running tests on everything from lights, to educational programs, to banning hard alcohol at school or work sponsored events--seems like the best way out of this hole to me.

The problem is the methods that are most likely to be effective are considered victim blaming.

E.g. Teaching women how to directly and clearly say no.

Or making it socially inappropriate to get blind drunk.

Etc etc.

Re:The Transformation of Sexual-Harassment Law Will Be Doubl... by scarmig on Wednesday December 20, 2017 @09:14PM (#15975809)
I agree. Any effective strategy to reduce rape will involve the participation of victims, but all too often their advocates treat any guidelines as a way of saying "if you didn't get so blackout drunk, you wouldn't have been raped!" And so those types of educational interventions are underused.
Re:The Transformation of Sexual-Harassment Law Will Be Doubl... by dragonwriter on Thursday December 21, 2017 @09:46AM (#15979032)
> What other crimes do you think this should apply?

There are lots of individual torts and crimes which employer or school failure to prevent or respond to creates tort liability for the institution in the same manner as sexual harassment and which therefore employers and schools practically must deal with through both prevention and responsive policies that do not wait on the legal system. For one large class, pretty much all acts of violence fall into this category.