So have you heard about the “Affirmative Consent” bill adopted in California? In part, the bill forces colleges to do the job of law enforcement, which is bizarre in and by itself. California’s higher education system is broke. It’s in such a bad shape that I don’t think there is even a possibility of saving it from a complete demise. But there are ways to destroy it even faster. That can be achieved by making the tragically broke schools take on the job of other state agencies.
I will never understand the US tradition of making colleges investigate and punish crime when in every society under the sun this is a task of law enforcement agencies. I tried to figure it out, but I still don’t get it. Nobody asks colleges to investigate and punish murder or even burglary. There are no “murder prevention” or “mugging prevention” campaigns on campuses, are there? Then what is the reason that rape is not treated as a crime that it is and is pushed so aggressively into the lap of academics and college administrators who are grievously unprepared to address it?
Of course, the “Affirmative Consent” doesn’t stop at that and offers more insanity:
There is obviously no useful purpose that this can serve. If a person is terrified of saying “no” or resisting, that same person will be terrified into saying “yes.” There is absolutely no practical benefit anybody can derive from these bills and policies. But the point of the bill is not to help rape victims or prevent rape. The only way to do that would be to focus the efforts of the law-makers on the actual institution whose job it is to fight crime: law enforcement.
People, please observe what is happening: the state is divesting itself of its functions at a very rapid pace. Now it has gone so far as to openly declare that it has no interest in punishing crime and it’s up to regular citizens to do that. Or not. This isn’t just the erosion of the welfare state. We are way past that. This is the erosion of the state, period.
Those of you who are celebrating this piece of legislation need to wake up. We are in a country that brings heavily armed troops into the streets to target peaceful protesters. And the same country refuses to persecute violent crime against individuals in such an open and blatant fashion. Think about it. Police has enormous resources yet is removing itself from investigating actual crime. This is a road towards a very dangerous place. Law enforcement is paid for by our taxes (although not for long). Shouldn’t it at least pretend to do its job for a short while longer?
P.S. This post is evidence that I find the agony of the nation-state as painful as any other person.
Clarissa's Blog 
Off topic, in Spanish:
http://www.bbc.co.uk/mundo/ultimas_noticias/2014/08/140829_ultnot_expulsion_miembros_lev_tahor_guatemala_bd.shtml
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The indigenous Guatemalans are so passionate to defend Catholicism as “our culture” that it’s just sad.
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Thanks for your opinion, I value your input.
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What a clusterfuck. The accuser can always claim that the girl clearly gave her verbal consent. Are we counting on a potential rapist’s sense of honor, hoping he wouldn’t lie to protect himself? It’s always going to be the accuser’s word against the accused, and if the police don’t believe women now, why are they going to suddenly start believing them after the passage of this bill? What changed?
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Of course, this is a crime that is very hard to investigate and prosecute. I’ve had a situation where a person I know accused another person I know of sexual assault. They were both very believable! And I liked them both. There is no way I could have been entrusted with investigating this case because I’m completely unqualified. This is not my job! I’m not asking police officers to grade my papers, do I?
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I will never understand the US tradition of making colleges investigate and punish crime when in every society under the sun this is a task of law enforcement agencies.
In a word, money. I’m sure people will say it has to do with Title IX and that such laws just extend the reach of Title IX at the state level and are designed to make sure they don’t sweep reports of sexual violence under the rug while kicking out victims. Many colleges, I’m guessing wouldn’t exist without federal money.
It seems like part of a growing return to in locus parentis.. Many students are already in a situation where the university is their employer, and their landlord. Couple that with helicopter parents and I can definitely see that happening.
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As I recall, 200 years ago it was a tradition that police were forbidden on university campuses, at least for some universities. Universities took care of their own. This is the fossilized remains of this bygone custom.
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I’m afraid this doesn’t stem from the past but is, rather, a preview of the near future.
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Erosion of the state, or of some of its functions, I believe you and this is very interesting. But is this a good example of it? It seems more like an attempt to better define rape, and what is not clear to me is why this is not just added to rape law or education, why it only applies to universities. Even though I know universities love to make excuses for rape and that this is directed at that.
State: my experience is that universities try not to get city police involved in sexual assault cases, and try to create a layer of protection from publicity, but that city police are usually the ones who can and will actually act on these cases. (I have met university police who knew they should, but were called off by administrators.)
I am just not sure. Are university regulations designed to create compliance with OSHA, for instance, erosion of the state?
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