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Title IX (of the Education Amendments of 1972) was supposed to promote equal opportunity in any educational program receiving federal money.But until recently, Title IX was dormant and largely ignored.I worked for changes to the retrograde definition of rape in statutes around the country and their disrespectful treatment of rape victims, laws that were a throwback to medieval conceptions about women.I lobbied for rape shield laws that limited the defense counsel’s cross-examination of a woman about her prior sexual experiences.To the extent that the man’s conduct was considered at all, the statutes required that he use force before his acts amounted to rape; drugging a woman, or having sex with one wholly incapacitated by alcohol, was not enough.
I appreciated the stigma of the very accusation, which persists—especially today on the Internet—even if the accused is exonerated.
The enforcer, the federal government, had been a paper tiger.
Universities were not reporting, much less dealing with, either sexual harassment or explicit sexual violence.
come to this issue—campus sexual assault—from all sides.
This is not because I was a federal judge for 17 years, where “considering all sides” was part of the job definition.