Campus sexual assault

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Campus sexual assault is the sexual assault, including rape, of a student while attending an institution of higher learning, such as a college or university.^[1] The victims of such assaults are more likely to be female, but any gender can be victimized.^[2] Estimates of sexual assault, which vary based on definitions and methodology, generally find that somewhere between 19 and 27% of college women and 6–8% of college men are sexually assaulted during their time in college.^[3][4][5]

A 2007 survey by the National Institute of Justice found that 19.0% of college women and 6.1% of college men experienced either sexual assault or attempted sexual assault since entering college.^[6] In the University of Pennsylvania Law Review in 2017, D. Tuerkheimer reviewed the literature on rape allegations, and reported on the problems surrounding the credibility of rape victims, and how that relates to false rape accusations. She pointed to national survey data from the Centers for Disease Control and Prevention that indicates 1 in every 5 women and 1 in 71 men will be raped during their lifetime at some point. Despite the prevalence of rape and the fact that false rape allegations are rare, Tuerkheimer reported that law enforcement officers often default to disbelief about an alleged rape. This documented prejudice leads to reduced investigation and criminal justice outcomes that are faulty compared to other crimes. Tuerkheimer says that women face "credibility discounts" at all stages of the justice system, including from police, jurors, judges, and prosecutors. These credibility discounts are especially pronounced when the accuser is acquainted with the accused, and the vast majority of rapes fall into this category.^[7] The U.S. Department of Justice estimated from 2005 to 2007 that about 2% of victims who were raped while incapacitated (from drugs, alcohol, or other reasons) reported the rape to the police, compared to 13% of victims who experienced physically forced sexual assault.^[6]

In response to charges that schools have poorly supported women who have reported sexual assaults, in 2011 the United States Department of Education issued a "Dear Colleague" letter to universities advising academic institutions on various methods intended to reduce incidents of sexual assault on campuses.^[8] Some legal experts have raised concerns about risks of abuses against the accused.^[9] Following changes to disciplinary processes, lawsuits have been filed by men alleging bias and/or violations of their rights.^[10]