Tag Archives: rape

On Title IX, sexual misconduct, logical fallacies, and due process versus ideology

Suppose I made the claim that: “Only 6% of reports of rape lead to a criminal conviction, therefore 94% of rape reports are made up”. I would, rightly, be howled down for having committed a gross fallacy. It would be explained to me that accusations of rape often revolve around one person’s word against another’s, which makes them very hard to prove to the criminal standard of proof. Thus many accusations that do not lead to criminal convictions are still most likely true.

Now suppose I instead made the claim that “only 2% of accusations of rape are proven to be false, therefore 98% of accusations of rape are true”. This claim is widely made (example), yet it is just as fallacious and for the same reason. Just as it is usually hard to prove rape claims true, it is also hard to prove them false; many claims cannot be proven either way.

Yet, under Title IX codes in American colleges, the claim that nearly all accusations are true is used to justify a process that more or less presumes an accused to be guilty from the outset, with little need for due process. Afterall, if there is only a 1-in-50 chance that the accused male is innocent, then the accusation is pretty much sufficient in itself. Given that, a mere “preponderance of evidence”, defined as a 51% versus 49% likelihood, is all that is needed to expel a student from college for sexual misconduct, something that would always be on their record and likely blight their career prospects.

Yet this “nearly all accusations are true” claim has no basis in proven fact, it is purely ideological. Continue reading