If Only Cuomo Had Sons

At least New York Governor Andy Cuomo makes no bones about it being a matter of personal self-interest.

“As a father of two college-aged girls, with a third on the way next year, this isn’t just an important issue for the state, it’s a personal issue for me as it is for many parents who every fall say goodbye to their children with an expectation that their schools are doing everything they can to keep them safe.”

And that’s why Cuomo has no shame in saying, “This will be the toughest law in the nation, and I am proud of that.”  After all, there is  a scourge, and it’s teed up perfectly for him.

Mr. Cuomo’s proposed policies, which are already in place at New York’s public colleges, would require private colleges to adopt “affirmative consent” as the standard of behavior, putting the burden on an accused student to show that the other person had agreed to the sexual activity, rather than making accusers prove that they had said no; silence or lack of resistance would not be considered consent.

Mr. Cuomo, a Democrat, has also proposed that students reporting sexual assaults must not be punished if they were violating a campus policy on drinking or drugs, with the goal of removing the fear that by coming forward, those reporting might be reprimanded, administration officials say. The proposed policies would also require strict penalties for anyone found guilty of sexual assault, with either suspension or expulsion the only available options.

Nothing un-American about the burden of proving innocence being put on the accused, Andy?  And while the rest of the nation is bent on ending the blight of mandatory minimums for crimes, Cuomo plans to impose them for college discipline.  And Nancy Pelosi, who is likely to regain her speaker seat if the Democrats win back their majority in the House of Representatives in the next election, was at Cuomo’s side, muttering, “you go, girl.”

“This is an epidemic in some ways,” Ms. Pelosi said on Monday, “and that is why we are also grateful to Governor Cuomo for his strong leadership and the bold action to protect New York’s college students.”

And there has never been a better tough on crime, love to feminists and progressives, epidemic ever. Provided you don’t mind some minor details, starting with Cuomo’s defining the accusers as “victims” even before the process starts.

[T]he proposal has encountered some resistance from legislators, as well as private colleges and universities, concerned about some of its wording. For example, some have taken issue with the accuser’s being labeled in the legislation as “victim,” rather than something more neutral.

But that’s semantics, given what Cuomo has in store.

[Manhattan Democratic Assemblywoman Deborah] Glick said other concerns about the bill included definitions some considered vague and the lack of an explicit appeals process, which could mean the only available recourse for a student who felt the process was unfair would be to sue.

And then, after being expelled for a few years and a suit winding its way through the courts, at the accused’s substantial expense, it would all be fine, like it never happened.  And that’s the assurance that Cuomo’s proposal offers.

But Alphonso David, counsel to the governor, said the legislation did not address “the specifics of appeals or any aspect of due process, as that area is well tilled through the Constitution, case law, private college policies and other statutes.”

Well-tilled?  A proposal that lacks anything remotely resembling due process, the shifting of the burden of proof, a reduced burden on the “victim,” and mandated punishment, and the best the governor’s counsel can come up with in lieu of due process is “well-tilled” because he has nothing substantive to say?

Of course, what’s missing from this heart-warming narrative propounded by the father of three girls is that this remains a “scourge,” or “epidemic” as Pelosi prefers, only by dint of pronouncements. This is what comes of pounding home false statistics, over and over, to create a hysteria that college women are being raped daily, over and over, while colleges are ignoring their cries for justice.  After all, politicians and news media wouldn’t lie about something as serious as rape, right?

While opposition to this absurdly misbegotten proposal will subject the person to attack as a misogynist and rape apologist — and what politician wants to be exposed to such cries? — the moment’s ignorant hysteria has made its way from outlier radical feminism to mainstream politics. It’s now firmly embedded in New York, and stands an excellent chance of being enshrined in Washington after the next election.

Of course, in a decade, as young men’s lives are ruined and those parents unfortunate enough not to have three daughters start pointing out their displeasure at being on the wrong side of a beer, the pendulum will shift and politicians will decry how unfair and absurd it is to deprive a gender of due process and presume guilt and punishment for an offense that is defined by the feelings of the victims.

But then, that won’t be Andy’s problem, as he has three girls.  Of course, he could accomplish the same goal by buying them chastity belts, or raising the drinking age to 40.  Only kidding, Andy. Only kidding.

13 thoughts on “If Only Cuomo Had Sons

  1. Turk

    She said: He sexually assaulted me and I can prove it because he can’t produce proof of my “affirmative consent.”

    He replies: She sexually assaulted me and I can prove it because she can’t produce proof of my “affirmative consent.”

    So who has the burden of proof?

  2. Fubar

    Preface from a leaked copy of new efficient and streamlined college procedures for cases of rape accusation:

    Who needs lies or damned lies or statistics?
    Now that rape just depends on linguistics,
    Defendant’s confession
    To penis possession
    Vastly speeds up procedure’s logistics!

    1. SHG Post author

      Title IX Officer: Son, you got one of them penises?
      Male Student: A what?
      Title IX Officer: A penis, a penis. You know, one of those long things dangling between yer legs, son?
      Male Student: I refuse to answer on the grounds that I might incriminate myself.
      Title IX Officer: That’s what I thought, kid. You gonna hang either way.

  3. Greg Lubow

    The accuser is not just the ‘victim’, but is the ‘victim/survivor’, so named in this legislation. Survivor adds such an emotional tug on the heartstrings, don’t you think. How could one NOT believe the word of a survivor. The accuser is the survivor of sexual violence – which is broadly defined as any contact without the others consent.

    They needed the drug and alcohol waiver because it defines lack of consent as being incapable of consent by reason of impairment from alcohol and drugs. There is no definition of nor level of ‘impairment’, and clearly impairment by alcohol or drugs is not a defense available to the accused.

    1. SHG Post author

      I haven’t been able to find the text of the proposed legislation, so I’ve been working off the newspaper accounts and Cuomo’s media machine. Does it really say “victims/survivors”? Unreal.

      Edit: Just received a copy of the legislation. H/t Oliver Mackson. Yup, it’s Victim/Survivor. Of particular note is the Victims and Survivor’s Bill of Rights:

      S 6442. VICTIM AND SURVIVOR BILL OF RIGHTS. 1. EACH COLLEGE AND UNIVERSITY SHALL ADOPT A VICTIM AND SURVIVOR BILL OF RIGHTS. THIS BILL OF RIGHTS SHALL STATE THE FOLLOWING: “ALL VICTIMS AND SURVIVORS HAVE THE RIGHT TO:
      (A) MAKE A REPORT TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE;
      (B) HAVE DISCLOSURES OF SEXUAL VIOLENCE TREATED SERIOUSLY;
      (C) MAKE A DECISION ABOUT WHETHER OR NOT TO DISCLOSE A CRIME OR INCIDENT AND PARTICIPATE IN THE CONDUCT OR CRIMINAL JUSTICE PROCESS FREE FROM OUTSIDE PRESSURES FROM COLLEGE/UNIVERSITY OFFICIALS;
      (D) BE TREATED WITH DIGNITY AND TO RECEIVE FROM COLLEGE/UNIVERSITY OFFICIALS COURTEOUS, FAIR, AND RESPECTFUL HEALTH CARE AND COUNSELING SERVICES;
      (E) BE FREE FROM ANY SUGGESTION THAT THE VICTIM/SURVIVOR IS AT FAULT WHEN THESE CRIMES AND VIOLATIONS ARE COMMITTED, OR SHOULD HAVE ACTED IN A DIFFERENT MANNER TO AVOID SUCH A CRIME;
      (F) DESCRIBE THE INCIDENT TO AS FEW INDIVIDUALS AS PRACTICABLE AND NOT TO BE REQUIRED TO UNNECESSARILY REPEAT A DESCRIPTION OF THE INCIDENT;
      (G) BE FREE FROM RETALIATION BY THE COLLEGE/UNIVERSITY, THE ACCUSED, AND/OR THEIR FRIENDS, FAMILY AND ACQUAINTANCES; AND
      (H) EXERCISE CIVIL RIGHTS AND PRACTICE OF RELIGION WITHOUT INTERFERENCE BY THE INVESTIGATIVE, CRIMINAL JUSTICE, OR CONDUCT PROCESS OF THE COLLEGE/UNIVERSITY.”

      Good to see someone entitled to a Bill of Rights. Too bad it doesn’t include the accused. But then, since they’re crimes before any adjudication, that would just be a waste of time anyway.

      1. David M.

        Good to see Cuomo learned the right lesson from the Sulkowicz debacle. You’d have to be absolutely insane to send your son to Columbia.

  4. The Real Peterman

    “As a father of two college-aged girls, with a third on the way next year…”

    What’s that saying about great minds discussing ideas while small minds discuss people?

    1. SHG Post author

      The emotional appeal of children to those inclined to embrace the logical fallacy of appeals to emotion is strong. As long as they can’t think logically, it works like a charm.

  5. Vin

    I wonder how the government would respond if all the sudden a bunch of college age boys who had sex filed complaints that there was no affirmed consent.

    1. SHG Post author

      It would be very interesting to find out. But I suspect you would be hard pressed to find “a bunch” of college age boys who were that fragile.

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