In the Washington Post, Zerlina Maxwell insists that, despite the way the UVA fraternity gang rape story seems to be falling apart, when it comes to accusations of rape:
In important ways, this is wrong. We should believe, as a matter of default, what an accuser says. Ultimately, the costs of wrongly disbelieving a survivor far outweigh the costs of calling someone a rapist.
Scott Greenfield (amoung others, one supposes) has already responded to some of Maxwell’s argument, and he had more about the UVA rape story in an earlier post. (Note that Maxwell’s article was edited to soften it a bit after some of the early responses.) I’d just like to add a few comments.
The accused would have a rough period. He might be suspended from his job; friends might defriend him on Facebook. In the case of Bill Cosby, we might have to stop watching his shows, consuming his books or buying tickets to his traveling stand-up routine. But false accusations are exceedingly rare, and errors can be undone by an investigation that clears the accused, especially if it is done quickly.
The earlier version of Maxwell’s article post seemed to imply that we should abandon the legal presumption of innocence. This more recent version leans more toward a discussion of the moral and procedural issues of campus rape investigations. Nevertheless, as people have been pointing out, we have a presumption of innocence for a reason.
Maxwell seems to be understating the consequences of a rape accusation, at least when the accused isn’t a celebrity or the archetypical rich frat boy of college rape stories. And although some colleges are bastions of progressiveness, I suspect most of them will share the foibles of the society they serve, meaning that a disproportionate number of accusations will be aimed at blacks, Hispanics, and low income students.
And Maxwell’s assumption that if the accusation is ruled false everyone will cheerfully accept the decision of the investigating body seems naive when the news is filled with stories of protests against grand jury decisions not to indict two cops accused of murdering unarmed black men. Grand juries have an even lower standard of proof than college investigations, yet regardless of how you feel about the case, it’s obvious Darren Wilson’s life will not be returning to normal.
In fact (despite various popular myths), the FBI reports that only 2-8 percent of rape allegations turn out to be false, a number that is smaller than the number (10 percent) who lie about car theft.
Yeah, but that’s now. That’s under the system that Zerlina Maxwell wants to change. (And I’m not saying that some change isn’t necessary.)
It comes down to contingent probability. Imagine you’re a woman walking home down a somewhat deserted street when a man you’ve never seen before pulls up next to you and offers to give you a ride. Do you get in? Only a small fraction of men would rape a woman just because she got in their car, so statistically you should be safe, right?
Of course not, because the small percentage of men who are violent rapists are always on the lookout for a chance to get a woman into a position where they can rape her, so they are much more likely than most men to offer to give a woman a ride. Consequently, the group all men has a small percentage of rapists, but because rapists are much more likely to try to get a woman into their car, the group all men who stop to offer a woman a ride has a much higher percentage of rapists. (Or their more common variant, creepers.)
Similarly, only a small percentage of women are likely to make false accusations of rape, and as long as investigators take rape investigation seriously, they won’t be able to make very many of them. But if institutions adopt an always-believe-the-victim methodology, it gives the kind of women who make false accusations a much greater incentive to do so: They will be able to cause a world of hurt for anyone they don’t like. So if we stop protecting the process against false accusations, we can expect to get a lot more of them.
Everything works this way. Most of us have never robbed a bank, but banks still have security to protect against the small percentage who try. Most of us have never tried to enter a stranger’s home at night, but we all lock our doors to protect against the few who do. And most of us would never make a false rape accusation, but it’s still wise to guard against the few who would. Bad actors make things hard for everyone.
Even if Jackie fabricated her account, U-Va. should have taken her word for it during the period while they endeavored to prove or disprove the accusation.
That seems incoherent. If U-Va is trying to prove or disprove her accusation, how can they take her word for it? Could she mean that U-Va staff should have pretended to take her word for it while investigating behind the scenes?
That actually makes sense, in a way, if you think in terms of different roles people assume in responding to a rape accusation. If a friend tells you she’s been raped, your should help her and support her, which pretty much requires you to believe her. Same thing if you’re a crisis counselor or psychologist: You’re there to help, and accusing the victim of lying or attempting to cross-examine her and check her story is not going to help. If she does turn out to be lying, all that’s happened is that you’ve wasted your time with someone looking for attention.
On the other hand, if your role in responding to the rape accusation is to punish the alleged rapist, the consequences of believing a lie are more severe: You could end up harming an innocent person. Wouldn’t it be best to approach the situation carefully and investigate with an open mind? After all, the falsely accused are victims too. They deserve some belief as well.