Category Archives: Courts and law

The Many Problems of Offshore Drilling

deepwaterBy Peter Galuszka

Almost five years after the infamous Deepwater Horizon disaster in the Gulf of Mexico, President Barack Obama has again proposed opening tracts offshore of Virginia and the southeastern U.S. coast to oil and natural gas drilling.

The plan poses big risks for what may be little gain. Federal surveys show there could be 3.3 billion barrels of crude oil and 31.3 trillion cubic feet of natural gas in the potential lease area stretching from Virginia to Georgia.

Energy industry officials praised the plan while complaining it doesn’t go far enough. Environmental groups including the Sierra Club and the Chesapeake Bay Foundation condemned it. Besides the ecological risk, the move is a step away from refocusing energy on renewables that do not lead to more carbon emissions and climate change.

Obama’s plan would restrict drilling to areas more than 50 miles off the coast. This is a sop to the Navy and other military which conduct regular exercises offshore and to the commercial and sports fishing industries.

Is the restriction worthwhile? It is generally easier for oil rigs to be placed in shallow water and much of the areas off of Virginia and northeastern North Carolina and off of South Carolina and Georgia are in plateaus that aren’t very deep – maybe just a few hundred feet. Yet the Atlantic takes a huge plunge not far off of Cape Hatteras, descending as much as two miles down.

Drilling in deep water presents special problems for oil companies involving high pressure and high temperatures. That was the case with the Deepwater Horizon tragedy on April 20, 1010 that killed 11 workers. One big factor that a blowout preventer, designed to shut down the rig if drilling hits abnormally high levels of pressure, didn’t work completely. The rig was in 5,000 feet of water and crude spewed uncontrolled. Winds from the south washed the oil towards land and polluted nearly 500 miles of coastline in Florida, Alabama, Mississippi and Louisiana. An estimated 49 million barrels of crude were released.

oil-drilling-mapAlthough it isn’t certain if energy firms would drill in the very deep waters off of North Carolina, there is cold comfort in the fact that the Deepwater rig was only 48 miles from shore. In other words, it would have been too close in for the latest plan involving the southeastern coast. Supposedly, blowout preventers have been upgraded but there were still spills involving them off of Brazil and China post-Deepwater.

If something like that happened closer to home, it is not exactly certain where the oil would go. Winds can blow from the ocean and currents are very fickle. The Labrador Current might tend to push spilled oil back onto environmentally sensitive shoreline while the Gulf Stream might tend to take the spilled oil out to sea.

There is no question that drilling off any of the southeastern coast would be of some benefit to the now-struggling Tidewater economy since it has plenty of steel-bending industries, an able workforce and no significant bridges to pass under to reach deep water. It might help since the defense sector is winding down, but who knows what world conflicts will be like in 2025. Hampton Roads would be a more logical staging area than other ports such as Wilmington, N.C., Charleston or Savannah.

There’s a rub, however. The 3.3 billion barrels of estimated reserves isn’t that much. It is a fraction of the total estimated reserves in the country. Energy sector officials claim there is probably much more. Okay, fine, but no one knows for sure. The natural gas reserves involved are also somewhat small – just a fraction of the estimated reserves in the U.S.

It’s not the first time offshore drilling has come up locally. There was a big push for it in the late 1970s, prompting oil rig giant Brown & Root to buy up land near Cape Charles for fabricating rigs. Nothing happened and much of the land now is used for a luxury golf community. Obama was supposed to back lease sales in 2010 but then Deepwater happened. This begs the question – if the offshore petroleum is so valuable, why has it taken so long?

Yet another issue is what cut Virginia would actually get from offshore drilling. There was a flap a few years ago when offshore drilling was being pitched. Some revenues to states from offshore petroleum production are computed by how much shoreline a state has. In Virginia’s case, it is not much, at least when compared to North Carolina. Virginia politicians have pointed this out and hope for some adjustment.

No one can predict energy markets a decade from now. For instance, no one knew that hydraulic fracturing would increase petroleum production by 64 percent and possibly make the U.S. a petroleum exporter for the first time since the 1970s. Granted it is a rock and a hard place kind of choice. Fracking is fraught with pollution problems just as offshore drilling is.

There are certain to be plenty of lawsuits over the offshore plan and economics will likely determine its future. An important choice is whether it is worth risking Virginia’s military, resort and fishing businesses for Big Oil whose promise is uncertain when it comes to offshore drilling.

 

The Strange Story of Health Diagnostic Laboratory

HDL's Mallory before her fall.

HDL’s Mallory before her fall.

By Peter Galuszka

The biggest problem facing the health care industry in Virginia and the rest of the country isn’t Obamacare or the lack of new medical discoveries. It the lack of transparency that hides what is really going on with pricing tests, drugs and hospital and doctors’ fees. Big Insurance and Big and Small Pharma cut secret deals. We are all affected.

I’ve been wanting to blog about this – especially after Jim Bacon’s recent post on the supposed tech trend in health care – but I wanted to wait until a story I’ve been working on for a few weeks was posted at Style Weekly, where I am a contributing editor.

In it, I explore the strange story of Health Diagnostic Laboratory, a famed Richmond start-up that went from zero to $383 million in revenues and 800 employees in a few short years. The firm said it was developing advanced bio-marker tests that could predict heart disease and diabetes long before they took root. HDL’s officials thought it would transform the $1.6 trillion health care industry.

Richmond’s business elite applauded HDL founder Tonya Mallory, a woman who grew up just north of the city and had the strong personality and drive to create the HDL behemoth. Badly wanting a high tech champion in a not-so high tech town, the city’s boosters did much to publicize HDL and Mallory, believing they could draw in more startups.

The story was too good to be true. It start to deflate last summer when the federal government noted that HDL was one of several testing labs being probed for paying doctors $17 for using HDL tests for Medicare patients when Medicare authorized $3 per test. Mallory resigned Dept. 23. Several lawsuits by Mallory’s former employer, Cigna health insurance and another have accused HDL of fraud. HDL has responded in court.

One legal picture suggests that HDL wasn’t a true tech startup but a new firm that stole intellectual property and sales staff. HDL says no, but its new leader Joe McConnell has taken steps to reform sales and marketing and is said to be working with the U.S. Department of Justice to settle a federal investigation.

The HDL affair raises issues about the inside marketing and apparent payoffs that are the biggest problem the health care industry faces. It doesn’t matter what kind of “market magic” combined with new technology comes up if something like this keeps happening.

This is all the more reason for a universal payer system. That may be “socialized” medicine but in my opinion it is the only logical way to go.

Campus Rapes Must be Reported to Police

hunting groundBy Peter Galuszka

You can’t have it both ways.

The Virginia General Assembly is taking steps to make it mandatory that officials at state universities report to police allegations of sexual assault, except for crisis counselors.

The move follows the incident at the University of Virginia which was turned upside down by a flawed report in Rolling Stone magazine that a female student had been gang raped in 2012.

Although there are strong doubts that the rape took place in that case, it broached the issue that if a student reports rape on campus, school administrators may not be inclined to do much about it. The assaults often occur at parties where alcohol is readily available.

After the Rolling Stone bombshell hit, U.Va. officials temporarily suspended activities at fraternities and sororities to sort matters out. The university now has rules that ban mixed drinks and require sober monitors at Greek parties.

That’s a good step, but I think the General Assembly is wise to take it a step further with its requirement that alleged rapes be referred to law enforcement. Why not? Rape is a serious felony nearly up there with murder. Would school officials not report that one student had apparently killed another? Crisis counselors would be exempt from the requirement, so students in pain and unsure of what to do would still have a protected outlet to find help.

The Washington Post editorialized today that the legislature should take slower steps when considering new laws to help prevent campus rape. The newspaper believes that pushing ahead with mandatory rules on reporting rape would make victims not want to report anything at all. It wants to wait until a state commission tasked with reviewing campus rape issues deliver its report.

The Post is wrong here. Rape is rape. Of course it is incredibly personal, but if it is a crime, it should be reported as one. Doing so not only would affirm the rights of the victim, it also might help exonerate supposed perpetrators who have been falsely accused.

Having rape regarded as a true crime would demystify it and allow all sides to deal with it properly. And it’s not as if rape is suddenly no longer a college problem after the Rolling Stone story evaporated. A new documentary released at the recent Sundance film festival called “The Hunting Ground” is said to uproot rape cultures at schools such as Harvard, Notre Dame and the University of North Carolina at Chapel Hill.

If the film is accurate, Virginia legislators are right to address the problem, regardless of how the University of Virginia situation played out.

Incidentally,  poll taken by the Judy Ford Wason Center for Public Policy at Christopher Newport University shows that 90 percent of voters survey think the police must be informed  of campus rape allegations rather than have them handle internally. The results were released today.

Police Shootings in Virginia — a Social Injustice?

Protests in Ferguson

Protests in Ferguson. Photo credit: St. Louis Post-Dispatch

by James A. Bacon

As the national debate rages over police killing of blacks, Mark Bowes has conducted some excellent reporting for the Richmond Times-Dispatch. It’s easy to argue by media-fueled anecdote, as the United States has been doing for months now. But at some point, we need to look at the numbers. Bowes has compiled a list of all “justifiable homicide” police killings in Virginia between 1990 and 2013. While the numbers do not conclusively settle the question as to whether blacks are being unfairly singled out for state-sanctioned, police violence, they do narrow the parameters of the debate significantly.

According to Bowes, Virginia police have reported 130 people killed by police in “justifiable homicides” since 1990. Of those, 59 were black (45.5%), 70 were white and one was Asian. (The percentages for more recent years, 2000 to 2013, were roughly the same.) The African-American population in Virginia is about 20%.

By the most superficial measure imaginable, then, blacks are more than twice as likely as whites to get killed by police. But the picture changes when  the fatal-shooting ratio is compared to the percentage of violent crimes committed by African-Americans, about 60%. If we’re comparing people who engage in violent crime, blacks are less likely to be shot by police than whites. On the other hand, if we compare the fate of people assaulting law enforcement officers, blacks are somewhat more likely to be killed than whites. The experts quoted by Bowes agree that raw numbers will only take the analysis so far. It’s important to know the circumstances surrounding each shooting.

“Police killings are not random, and we shouldn’t expect killings to be proportionate to the population percentages, but instead proportionate with potentially violent encounters with police,” said Thomas R. Baker, a criminologist at Virginia Commonwealth University.

Baker homed in on another critical dynamic. Scholarly research indicates that blacks have more negative views of police officers than whites do, and they are less likely to cooperate with police.

Much of this distrust and dissatisfaction comes from negative direct and vicarious experiences with the police, including media accounts, and has unfortunately become inculcated among many black Americans. At the same time, police officers are not insensitive to this distrust and dissatisfaction, and may enter encounters with blacks on highest alert.

Providing additional training for police likely will have little effect unless accompanied by cultural changes on how police are perceived in the African-American community, Baker said.

Blacks have legitimate reasons, based in history, to distrust the fairness and objectivity of police. The question is the extent to which that distrust is justified today. Those who are committed to the idea of America as a fundamentally unjust society will say, of course, that it is fully justified. By picking a handful of incidents from across a nation of 320 million people, which then are magnified by the media, they can generate powerful images in support of their position.

But anyone can prove anything by cherry picking the data. Colin Flaherty, author of “White Girl Bleed a Lot,” has built a franchise around the documentation of black-on-white crime, most of which is ignored by mainstream media. Does this anecdotal data prove the existence of a black-on-white crime wave? No. We need to see the numbers.

Let us hope that Virginia never descends into the racial turmoil seen in St. Louis, New York, Cleveland and other cities. People of good will of all ethnicities and ideologies, especially those involved in the criminal justice system, need to work the problem described by Baker: Reduce the negative perceptions blacks have of police and reduce the hair-trigger responses of police active in black communities. As long as the negative perceptions of police are continually fed by national media, however, that won’t be easy to do.

The Importance of “Selma”

Selma_posterBy Peter Galuszka

“Selma” is one of those fairly rare films that underline a crucial time and place in history while thrusting important issues forward to the present day.

Ably directed by Ava DuVernay, the movie depicts the fight for the Voting Rights Act culminating in the dramatic march across the Edmund Pettus Bridge in Selma, Ala. in 1965. It portrays the brutality and racism that kept Alabama’s white power structure firmly in charge and how brave, non-violent and very smart tactics by African-American agitators shook things loose.

Holding it all together is British actor David Oyelowo as Dr. Martin Luther King Jr. Oyelowo’s subtle and vulnerable approach while dealing with infighting among his colleagues and revelations of his marital infidelities contrast with his brilliant skill at oratory. During the two hours or so of the film, Oyelowo’s booming speeches and sermons never bored me. By contrast, the recent “Lincoln,” the Steven Spielberg flick filmed in Richmond, was a bit of a snoozer.

To its credit, “Selma” never gets too clichéd even with the extremely overexposed Oprah Winfrey assuming roles as a film producer and also as an actress portraying a middle-aged nursing home working who gets beaten up several times protesting white officials who kept her from registering to vote.

“Selma” has been controversial because nit-picking critics claim the film misrepresents the role President Lyndon B. Johnson played in getting the Voting Rights Act passed. The film shows him as reluctant and the Selma event was staged to push him to move proposed legislation to Congress. A series of LBJ biographies by highly-regarded historian Robert A. Caro show the opposite – that Johnson, a Southern white from Texas — was very much the driver of civil rights bills. In fact, his deft ability to knock political heads on Capitol Hill was probably the reason why they passed. It was a feat that even the Kennedys probably couldn’t have achieved.

One scene in the movie bothered me at first. King leads protestors to the Selma court house to register. When a brutal sheriff stands in their way, they all kneel down on the pavement with their arms behind their heads in a manner very reminiscent of last year’s protests against a police killing in Ferguson, Mo.

I thought, “Hey, I don’t care how they present LBJ, but fast-forwarding to 2014 is a bit of stretch.”

Then I decided that maybe not, history aside, the same thing is really happening now. There’s not just Ferguson, but Cleveland, Brooklyn and other places. The Richmond Times-Dispatch reports this morning that over the past 14 years, police in the state killed 31 blacks and 32 whites. Only 20 percent of the state’s population is black. Now that is a disturbing figure.

Another disturbing allusion to the present is the widespread move mostly by Republican politicians in the South and Southwest make it harder for people to register to vote. In one move scene, Oprah Winfrey wants to register before an arrogant white clerk. He asks her to recite the Preamble to the U.S. Constitution. She does. He then asks her how many judges there are in Alabama. She gives the correct number. He then demands that she name all of them, which very few might have been able to do. She is rejected.

The moves to blunt new voters today is focused more on Hispanic immigrants but it is just as racist and wrong. And, Virginia is still stuck with the anti-voter policies of the Byrd Organization that was in power at the time of the Selma march. The idea, equally racist, was to keep ALL voters from participating in the political process as much as possible. That is why we have off-year elections and gerrymandered districts.

I was only 12 years old when Selma occurred but I remember watching it on television. I was living at the time in West Virginia which didn’t have that much racial tension. But I do remember flying out of National Airport in DC on the day that King was assassinated. The center of town, mostly 14th Street, appeared to be in flames.

The Real “War on Coal”

Blankenship at 2009 Labor Day rally

Blankenship at 2009 Labor Day rally

By Peter Galuszka

Over in West Virginia, some things never seem to change.

Families of the 29 miners killed on April 5, 2010 at Massey Energy’s Upper Big Branch are asking a federal judge to lift her gag order so they can testify before West Virginia legislators considering tougher rules that would make it easier for workers to sue employers over job-related injuries and deaths.

U.S. District Judge Irene Berger issued the gag order last year after Donald L. Blankenship, the former chief of Richmond-based Massey Energy, was indicted on four criminal charges for his role in the disaster – the worst one in 40 years. He is scheduled to go on trial in Beckley on April 20.

The question seems to be that the judge is protecting Blankenship’s rights over those of the people hurt by his management. It is not really news in the Mountain State that has always supported Coal Barons over workers. It’s a weird, neo-colonialist thing that never seems to change.

This month, Berger denied a move by several news agencies, including the Charleston Gazette and The Wall Street Journal, to lift the gag order.

As head of Massey Energy, which has since been taken over by Bristol-based Alpha Natural Resources, Blankenship was a true publicity hog. He was never shy about pushing his arch-conservative, pro-business views or bankrolling politicians and judges. Worrying about protecting his legal rights at the expense of free speech is a real travesty.

Yes, there is a “War on Coal” – but the other way around. The conflict is how coal bosses wage war on their employees and their families.

Empty Protest

The “black lives matter” protests in Richmond continued yesterday as about 50 demonstrators laid down on the street at the intersection of West Broad and North Harrison Streets, blocking traffic at a major intersection near Virginia Commonwealth University. What is remarkable about participants in this group is their inability to articulate grievances beyond poster-board slogans like “Don’t Shoot” and “I Can’t Breathe.”

Richmond Police Major Steve Drew took the protesters by surprise by offering to discuss their grievances in a public forum and talk about police brutality and what Richmond police can do “to make things better,” according to the Richmond Times-Dispatch. Several protesters responded positively to the suggestion. But it’s not clear if they even have grievances with Richmond police specifically.

“Protesters chanted ‘black lives matter,’ calling for action and threatening to ‘shut it down.’ Several sang a song about “the violence of the racist police,'” writes reporter Brandon Shulleeta. But…

Reporters pressed protesters on what they were asking for. Some gave broad answers about inequality, some said they couldn’t speak for others, and several simply said the protests would continue.

Demonstrators can’t point to any cause celebre of unjustified police violence here in Richmond. Indeed, their protests are tuned entirely to national news, not local events. It’s not even clear how many of the protesters were local. At least one citizen told the TV cameras, “I’m not a Richmond citizen, and I can’t speak for the Richmond community….”

Here’s a news flash: In Richmond, the African-American mayor is working with the African-American sheriff and the African-American commonwealth attorney to reform the criminal justice system to reduce the number of inmates (overwhelmingly African-American) incarcerated in the city jail without jeopardizing public safety. I wrote about that initiative about a year or so ago, and I’m not sure how it’s going. But that’s where the action is. If the protesters (a group comprised of whites and blacks) want to dialogue about something meaningful, they need to stop blocking traffic and start boning up on the real issues.

Meanwhile, here are some follow-up questions for local media: Who organizes these events? Where are the organizers from? How do they make a living? Who, if anyone, is funding them? Is this a genuine, local grass roots movement or the work of outside agitators with zero knowledge of local issues?

– JAB

Is U.Va. Possessed by the Devil?

the exorcistBy Peter Galuszka

Over the past weeks there’s been plenty of blogging about Rolling Stone’s coverage of the University of Virginia and lots of comment by two conservatives who believe there is an evil “hook up” culture that involves casual sex and today’s loss of morality.

Well, I’ve been feeling sort of down recently (maybe post holiday-related), so to cheer myself up, I got an old paperback copy of William Peter Blatty’s “The Exorcist.”

Imagine what I found! The “hook-up” culture has been around for centuries and may involve possession by the Devil!

Consider this passage:

“The nuns at the convent at Lille. Possessed. In early-seventeenth-century France. They’d confessed to their exorcists that while helpless in the state of possession, they had regularly attended Satanic orgies; had regularly varied their erotic fare; Mondays and Tuesdays, heterosexual copulation; Thursdays, sodomy, fellatio and cunnilingus, with homosexual partners; Saturday, bestiality with domestic animals and dragons. And dragons! The Jesuit shook his head.”

So that might be the problem — and the solution — up in Charlottesville. I suggest we send busloads of Jesuit priests to do what is necessary.

Jim Bacon and Reed Fawell could ride in the first bus.

Takeaways From Bob McDonnell’s Sentencing

Mcd sentencedBy Peter Galuszka

The outpouring of support for convicted former Gov. Robert F. McDonnell was overwhelming at his sentencing hearing yesterday at which he was told that he will serve two years in a federal penitentiary.

And this very support stands in marked contrast to McDonnell’s performance on the witness stand during his marathon trial last summer. There he alternated between saying that he “holds himself accountable” and then blaming his aides, vitamin salesman Jonnie R. Williams and, of course, his estranged wife Maureen who was set up to take the fall.

So which Bob is really Bob?

In U.S. District Judge James R. Spencer’s courtroom, the hours’ long reading of letters of support and 11 witness testimonials from the stand became tedious and repetitive. Bob kneels down to comfort a sick woman. Bob helps out Katrina hurricane victims on his week-long vacation, builds a basketball court and breaks his jaw. Bob restores voting rights to 8,128 convicted felons who had served their time. Bob’s only flaws are his gullibility and naïvite. Bob writes thank you notes.

The most impressive supporter by far was L. Douglas Wilder, the former Richmond mayor who became the first-ever African-American governor. Always unpredictable, the Democratic politician came down hard on Bob’s side, saying he’s known him for years and found him to “to be of his word.” Wilder touched off applause in the courtroom he blamed Williams as “the man who started this bribe” as “the one who got away clean.”

All of these people were trying to convince Judge Spencer that Bob should not get jail time but 6,000 hours of community service. One option would be to stick him in a service coordination job on the island nation of Haiti. The job normally would pay $100,000 including benefits but Bob wouldn’t get the money and would work and have to sleep in a hot and buggy room. Other possibilities including holding an unpaid $60,000 job coordinating a food bank in southwest Virginia.

To his credit, Judge Spencer didn’t bite. Prosecutor Michael Dry said that McDonnell is free to do all the community service he wants after he serves his time behind bars. McDonnell could have gotten more than 12 years in prison. Spencer gave him two.

The sentence is on the light side but is probably fair. McDonnell has been tremendously humiliated. He completely dishonored his public trust and will go down in history as the Virginia governor who was corrupt. At least he is getting some jail time.

And he might win on appeal. It’s not a slam dunk but there is respected legal opinion out there that “honest services fraud” can be viewed in a tight or loose focus. Spencer chose a tight focus but we will have to see if the appeal McDonnell has filed gets to the U.S. Fourth Circuit and then Supreme Court.

Next up is wife Maureen, who is a tragic figure and also was convicted of corruption. Her own daughters characterized her as a sick woman who badly needs help. Some columnists have pumped her up, saying she’s the unsung heroine stuck raising the kids while the ambitious politician is selfishly away building his career.

Something about that argument doesn’t ring true to me. Maureen McDonnell may well have despised the time Bob spent away from her but she also was right beside him, pushing her own agenda such as selling nutraceuticals and backing pet programs such as marketing Virginia wines and helped injured military veterans. As First Lady, she was no shrinking violet when it came to letting her wishes known to state employees.

She comes up for sentencing Feb. 20 and now that her husband’s fate is known, it seems likely she won’t get any jail time. If so, maybe she can get the help she seems to badly need and the McDonnell family can start to heal their terrible wounds.

One of the character witnesses Tuesday was William Howell, the Republican Speaker of the House of Delegates who provided the enormously valuable insight that “people would describe Bob as a Boy Scout.” Not only is Howell’s remark insipid, it hides how much he’s responsible for maintaining the total mess that policing ethics among Virginia public officials has become.

No matter how many Wednesday morning Bible studies Howell says he attended with McDonnell, he still did nothing to improve regulation of political donations and gifts. If anything, he’s the problem not the solution since he minimizes every decent initiative to rationalize Virginia’s loosey-goosey system. If there were clear rules, McDonnell may never have gotten caught in his quagmire. He might have known when to avoid crossing the line.

Howell told the court that the General Assembly is busy setting its house right and that McDonnell’s predicament “Most certainly . . . has had a deterrent effect.” That was likely the most ridiculous statement during the five hours of court testimony on a horrid sentencing day.

The “Culture of Rape” Demands Moral Reform

This politicized mindset is a big part of the problem. Sexual assault is a spectrum of behaviors, not a binary proposition.

This politicized mindset is a big part of the problem. Sexual assault is a spectrum of behaviors, not a binary proposition.

by James A. Bacon

Over the past few days I have advanced the argument that there is a very real problem with sexual relations on college campuses, and in particular the University of Virginia, but I take issue with the characterization of the problem as an “epidemic of rape.” The root problem is a drunken college hookup culture.

As the close relative of a woman who experienced rape at gunpoint by a man who broke into her apartment, I see a world of difference between what happened to her and an incident in which, say, a man and woman get wasted, they have sex, and she decides the next day that she was too drunk to have given her consent. To anyone who has lived in terror through a violent rape at the hands of a stranger, not knowing if the man will decide to kill her afterwards, the campus anti-rape movement that conflates the two is both ignorant and morally repugnant.

That said, it is obvious that there is a very real problem of real and/or perceived sexual assault on college campuses in America today. Thousands of young women across America are feeling sexually maltreated and abused; some of them have been subjected to emotional or physical coercion of a less traumatic sort than rape at gunpoint. It is a national problem, and something needs to be done. But what?

One cannot address a problem unless one understands the true nature of the problem. That’s why I have spent so much time dissecting and demolishing the “culture of rape” meme that dominates public discourse today. Today I will discuss some preliminary thoughts on what needs to be done. Before I discuss my thoughts, however, I need to clear the underbrush of some seemingly plausible but ultimately flawed ideas that have been circulating recently.

First is the beguiling idea that college administrations should be compelled to report all alleged sexual assaults to law enforcement authorities. While most would agree that cases like the alleged gang rape at UVa’s Phi Kappa Psi fraternity house should be reported to authorities, that now-discredited story was dissimilar from the vast majority of sexual assault complaints that occur on campus. The truth is, as Nicole Eramo, UVa’s associate dean of students, has made clear, most young woman have reasons for not wanting to go through a criminal or administrative process. For many women, the alleged offense does not rise to the level sufficient to justify evicting the alleged perpetrator from campus much less sending him to jail. Few college victims possess the intensity of moral clarity that propelled my family member into pressing criminal charges. Women should be allowed to choose based upon the facts of their own experience, not have the decision forced upon them by legislators outraged by the horror of a now-discredited story.

A second beguiling but misguided idea is that we should drop the legal drinking age from 21 to 18 on the theory that banning the sale of alcohol pushes the drunken party hook-up scene into fraternity houses. The logic is that there is something especially pernicious about fraternities — a particularly misogynistic environment, perhaps, where alcohol is readily available in large quantities — and that reversing the ban on alcohol sales will take the partying out of the fraternity houses to locales less prone to binge drinking and misogyny. The evidence that I’ve seen does not back this up.

contextual_factors
According to the 2007 College Sexual Assault Study (CSA study), only a small percentage of sexual assaults occurred in fraternity houses, as seen in the data above. While the party scene at the University of Virginia may be concentrated in fraternity houses, students don’t need fraternities to party. Even then, parties were the context for barely more than half of the sexual-assault episodes identified by the CSA study. Bottom line: Sexual assaults are strongly associated with excessive drinking, but there is little evidence that the problem is tied to excessive drinking at fraternity houses. Some may argue that lowering the drinking age and making alcohol more readily available to college students will result in less drinking. I’m open to hearing the arguments but I’m dubious. I  suspect there may be other ways to tackle the problems associated with excessive drinking.

Any campaign against drunken college hook-up sex should have three dimensions: (1) cracking down on binge drinking, whatever the locale (2) holding men more accountable for boorish and/or violent behavior, and (3) urging women to stop putting themselves in situations likely to produce bad outcomes.

The first is to attack the binge drinking problem. Binge drinking leads to bad sex by breaking down inhibitions, causing bad judgment and clouding memories of who said and did what. (By bad sex, I mean sex that women don’t want to participate in but are either pressured into by peer expectations, psychological bullying or physical coercion, or sex that they regret in retrospect.) Eliminate the binge drinking, and you eliminate much sexual assault and regret sex. Continue reading