Overcoming ‘no means yes’

Some students I’ve spoken with say the details are sketchy, pointing out that the alleged victim never filed a police report.

But according to a report by policing consultant Rana Sampson, which was funded by the Department of Justice, it is estimated that almost 25 percent of college women are survivors of rape or attempted rape. (One in 33 men are sexually assaulted during their life.) Among college rape survivors, only 12 percent report the crime to the police. The fact that this woman did not report the rape should not be surprising and is not on its own evidence that the rape did not happen.

Gawker insinuated that the University hushed up this rape case because Harsh is the son of Meg Whitman ’77, who donated $30 million in 2002 for the construction of Whitman College and served as a University trustee from 2000 to 2004.

Whether or not Whitman’s high-profile status influenced the decision, it is unlikely that was the only reason the University did not discipline Harsh. There very well may have been insufficient evidence and Harsh may have been innocent.

But situations in which a student accused of rape goes unpunished, even when guilty, are not unique among rape cases at American colleges and universities.

Last winter, the Center for Public Integrity reported the results of its investigation of college rape cases over the past decade.

“The probe reveals that students deemed ‘responsible’ for alleged sexual assaults on college campuses can face little or no consequence for their acts,” the report concluded. “For [victims], the trauma of assault can be compounded by a lack of institutional support, and even disciplinary action.”

While convicted rapists face jail time, only 10–25 percent of students found guilty of rape by university committees are expelled, according to the Center for Public Integrity report. Student rapists often are not even suspended. Some student rapists face no consequences, while others merely suffer social probation from clubs or sports.

College administrators defend the disconnect between the judicial and college systems by explaining that disciplinary action is meant to educate, not punish students.

But Sampson’s report suggests that this approach is tantamount to victim blaming. Such an approach brushes away rape as a non-serious offense. In doing so, it undermines a university’s ability to create a supportive atmosphere for survivors.

Not only can this approach exacerbate the psychological problems of survivors, it may also send a signal to other students that rape is allowed and inconsequential, bolstering the view that rape is the fault of the victim. It is easy to see how such an attitude can lead to the “No means yes, yes means anal” chants that Yale fraternity pledges chanted earlier this month.

Furthermore, current approaches do not seem to be effective. Student rapists are often repeat offenders, raping an average of six women while at college.

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The prevalence of rape reflects mainstream beliefs that downplay acquaintance rape (rape where the victim knows the rapist), which accounts for 90 percent of college rapes. According to Sampson’s report, this is why a study from the 1980s and 1990s found one-third of college men reporting that they would commit rape if they thought they wouldn’t get caught. In contrast to the common view that rapists are “evil” psychopaths hiding in bushes, Sampson attributed the majority of rapes to the emphasis on “scoring” and to views such as the notion that women who say no are merely playing hard to get and that women acting in sexual ways are “asking for sex.”

A recent case at Michigan State University, where a female student was raped by two male students, provides a striking example. She repeatedly tried to stop them. Eventually, when one of the men realized that she really did mean “no,” he stopped and apologized.

Such a case is tragic both for the victim and for the rapist. Other times, the victim does not say no out of shock or fear and the man unwittingly becomes a rapist. Educational programs must target all college students before these events happen, in order to change attitudes about what constitutes rape. This will both prevent rapes and limit victim-blaming when rape does occur. “No means no” is not enough. Explicit consent must be sought. Otherwise, by the time she says no, rape has already occurred even if it was unintended.

The University does attempt to educate students about acquaintance rape through the “Sex on a Saturday Night” program for freshmen, but it cannot expect one night to be sufficient to prevent rape on campus. Repeated mandatory educational programs are needed.

The Sexual Harassment/Assault Advising, Resources, and Education group is also an invaluable resource, providing education as well as services for survivors. Yet the survivor support group offered through SHARE and University Health Services in the past does not currently exist.

With so many students, particularly women, being raped on college campuses across the country, it is the University’s responsibility to approach rape in a way that both helps survivors and prevents future rapes.

Miriam Geronimus is an ecology and evolutionary biology major from Ann Arbor, Mich. She can be reached at mgeronim@princeton.edu.