August 16, 2002

Rape Charges: It's Time to End 'He Said/She Said' Justice

By HARVEY A. SILVERGLATE and JOSH GEWOLB

Two students were involved in a sexual encounter. He said it was consensual. She said it wasn't. There were no witnesses or other reasonably reliable corroborative evidence.

Each year colleges face dozens of sexual-assault cases that, stripped to their essence, consist of those facts. Despite the often hysterical sexual politics on our campuses, some institutions remain reluctant to find students responsible for rape (or date rape or acquaintance rape), which often carries the penalty

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