Little Change Seen For Date Rape Rules

Under heavy pressure from student groups, Dean of the College L. Fred Jewett '57 commissioned a task force two years ago to formulate a policy on date rape.

Numerous committee meetings and seemingly endless rounds of campus controversy later, the Date Rape Task Force garnered a less than lukewarm response to its proposed definition for date rape this week. And rejection of the definition, which states that sex with a "lack of consent" constitutes rape, means that the Task Force's efforts may simply result in maintaining the status quo.

On Monday, the Date Rape Task Force's definition received a forceful rejection from the Administrative Board. The Ad Board also narrowly rejected the Task Force's suggested "peer dispute sub-committees," which would have ended the Ad Board's sole control of date rape hearings by allowing student participation.

On Wednesday, the Faculty Council hinted it would adopt an alternative definition similar to one proposed by the Undergraduate Council.

And in an Ad Board memo obtained by The Crimson, Dean of the College L. Fred Jewett '57 added another voice to the debate, calling the proposed definition "either impractical or inappropriate as a disciplinary standard."

A source familiar with the Ad Board's deliberations said Jewett also expressed his preference for a definition similar to the Undergraduate Council's.

"The Board favors a standard that requires students to respect a part- ner's `no,'" Jewett wrote in the memo.

The Undergraduate Council's report on the issuestates that date rape is "sexual intercourse thatoccurs despite the expressed unwillingness of thevictim"--a definition close to the laws ofMassachusetts.

The "expressed unwillingness" definition marksa turn toward the conventional and seems tocontradict the College's goal of establishing astandard more stringent than that of the law.

But it represents only the beginning ofdiscussion. A committee of Task Force members,Undergraduate Council representatives and otherinterested students still need to hammer out apolicy that will pacify student groups withdifferent interpretations of the issue.

Some of the remaining questions include theextent of a perpetrator's accountability when thevictim is intoxicated and the possibility ofcreating a separate standard for "sexualnegligence," as proposed by the UndergraduateCouncil.

The Task Force's definition of rape is "any actof sexual intercourse that occurs without theexpressed consent of the person, or is accompaniedby physical force or threat of bodily injury."

"Rape may also include intercourse when theperson is incapable of expressing or withholdingreasoned consent, or is prevented from resentingbecause of the intake of alcohol or drugs," thereport states.

The difficulty, University officials say, isthat Harvard's attempts at creating a morerigorous definition for date rape need to reflectexisting law.

Dean of the Faculty Jeremy R. Knowles saidearlier this week that he hopes the issue does not"get lost in a discussion of terminology."

"It's very important the institution takes astand on these issues, and that the statement ismorally and legally defensible," Knowles said,echoing earlier statements by Jewett.

But some students say Harvard should in facttake a stronger stand than state law, despite thedifficulty of enforcing the Task Force's proposal.

Officials cite lawsuits which could arise if astudent was found guilty of date rape by Harvardbut not by Massachusetts. They concede that theUniversity must now seek a definition which allowseffective disciplinary action while upholdingmoral standards.

The main difference between the two definitionsis that the Undergraduate Council version pinsresponsibility on the victim, while the TaskForce's definition holds the perpetrator moreaccountable, according to Radcliffe Union ofStudents Co-Chair Minna M. Jarvenpaa '93.

According to Jarvenpaa, the task forcedefinition would focus on the actions of theperpetrator by requiring him or her to activelyseek consent of the victim.

"It certainly would require us to rethink whatwe do in sexual situations," said Assistant Deanfor Coeducation Janet A. Viggiani, who is alsoco-chair of the Task Force. "I'm not sure that'ssuch a bad idea. It could create a reluctance, ina disciplinary situation, to act."

A compromise seems to be in the works. At theFaculty Council meeting, Task Force members andUndergraduate Council Chair Malcolm A. Heinicke'93 seemed poised to work together in formulatinga new definition.

And the Task Force indicated that it was readyto amend their definition in order to forge onethat could be formally approved by the fullFaculty.

Task force members have been upbeat, despitethe highly publicized rejections of their work.

Viggiani, a driving force behind the TaskForce's definition, has said that while both theFaculty Council and the Ad Board rejected thedefinition in practice, they believe in it inspirit.

"Our next business is to bring a smallcontingent together to fight until we work itout," said Viggiani. "I have every confidence thatwill happen.

The Undergraduate Council's report on the issuestates that date rape is "sexual intercourse thatoccurs despite the expressed unwillingness of thevictim"--a definition close to the laws ofMassachusetts.

The "expressed unwillingness" definition marksa turn toward the conventional and seems tocontradict the College's goal of establishing astandard more stringent than that of the law.

But it represents only the beginning ofdiscussion. A committee of Task Force members,Undergraduate Council representatives and otherinterested students still need to hammer out apolicy that will pacify student groups withdifferent interpretations of the issue.

Some of the remaining questions include theextent of a perpetrator's accountability when thevictim is intoxicated and the possibility ofcreating a separate standard for "sexualnegligence," as proposed by the UndergraduateCouncil.

The Task Force's definition of rape is "any actof sexual intercourse that occurs without theexpressed consent of the person, or is accompaniedby physical force or threat of bodily injury."

"Rape may also include intercourse when theperson is incapable of expressing or withholdingreasoned consent, or is prevented from resentingbecause of the intake of alcohol or drugs," thereport states.

The difficulty, University officials say, isthat Harvard's attempts at creating a morerigorous definition for date rape need to reflectexisting law.

Dean of the Faculty Jeremy R. Knowles saidearlier this week that he hopes the issue does not"get lost in a discussion of terminology."

"It's very important the institution takes astand on these issues, and that the statement ismorally and legally defensible," Knowles said,echoing earlier statements by Jewett.

But some students say Harvard should in facttake a stronger stand than state law, despite thedifficulty of enforcing the Task Force's proposal.

Officials cite lawsuits which could arise if astudent was found guilty of date rape by Harvardbut not by Massachusetts. They concede that theUniversity must now seek a definition which allowseffective disciplinary action while upholdingmoral standards.

The main difference between the two definitionsis that the Undergraduate Council version pinsresponsibility on the victim, while the TaskForce's definition holds the perpetrator moreaccountable, according to Radcliffe Union ofStudents Co-Chair Minna M. Jarvenpaa '93.

According to Jarvenpaa, the task forcedefinition would focus on the actions of theperpetrator by requiring him or her to activelyseek consent of the victim.

"It certainly would require us to rethink whatwe do in sexual situations," said Assistant Deanfor Coeducation Janet A. Viggiani, who is alsoco-chair of the Task Force. "I'm not sure that'ssuch a bad idea. It could create a reluctance, ina disciplinary situation, to act."

A compromise seems to be in the works. At theFaculty Council meeting, Task Force members andUndergraduate Council Chair Malcolm A. Heinicke'93 seemed poised to work together in formulatinga new definition.

And the Task Force indicated that it was readyto amend their definition in order to forge onethat could be formally approved by the fullFaculty.

Task force members have been upbeat, despitethe highly publicized rejections of their work.

Viggiani, a driving force behind the TaskForce's definition, has said that while both theFaculty Council and the Ad Board rejected thedefinition in practice, they believe in it inspirit.

"Our next business is to bring a smallcontingent together to fight until we work itout," said Viggiani. "I have every confidence thatwill happen.