Council Debates Date Rape

Undergraduate Council Vice Chair Malcolm A. Heinicke '93 introduced proposals yesterday meant to resolve two controversial issues raised in last month's Date Rape Task Force report.

Heinicke's first report calls for a revised definition of rape requiring an "expression of unwillingness" on the part of the victim. The original task force definition of rape, which some council members called a "radical redefinition" from legal precedent, includes any sexual act without the "expressed consent" of both parties.

Heinicke's other report offers conditions for a "middle ground" of limited involvement for council-selected undergraduates in the peer dispute subcommittees.

Heinicke said his two new proposals, which he first presented to the council's date rape subcommittee Wednesday, would provide a measure of consistency and clarity absent in the task force's recommendation.

Heinicke's revised definition of rape, which he says is consistent with Massachusetts law, stipulates that for a sexual act to be labelled rape, one party must explicitly express unwillingness. Heinicke and the task force both include sexual acts resulting in physical injury in his definition of rape.

Heinicke said that while he hopes men would ask for consent before engaging in intercourse, requiring such action would be legally unacceptable.

Heinicke said that too many situations fall under this "overly inclusive" definition.

"Is it rape when nobody says anything?," Heinicke said in an interview last night. "That is technically sexual intercourse without consent [according to the task force definition]. My fear is that you will catch some innocent people by this wording."

The controversy over whether the council would accept the task force's definition of rape split members of the council's date rape subcommittee into opposing camps in their meeting last Wednesday. One camp, led by Maya G. Prabhu '94, favored the task force's suggestion, while another camp, which included Heinicke, opposed it.

In that meeting, Prabhu argued that certain situations arise where a womandoes not want to engage in intercourse, but mightfeel uncomfortable saying no.

Heinicke said his compromise solution to thepeer dispute subcommittee issue calls for limitedpeer involvement in the College's legalproceedings dealing with date rape.

Heinicke said his new proposal, which he willinsist on putting before the council as it stands,is "sound to the point of beingnon-controversial."

The proposal would involve outside students inthe investigation stage of date rape cases only ifsuch participation was accepted by both the victimand the accused. Peers would take part inreviewing the results of the investigation thenames of the students involved withheld. But thosestudents would not take part in determiningpunishment, according to Heinicke's plan.

The controversy surrounding the peer disputesubcommittees came up in a council meeting twoweeks ago. At that time, Heinicke opposed anystudent involvement in rape cases while councilChair David A. Aronberg '93 supported the taskforce's position of complete student involvementin all stages of the disciplinary proceedings.

The council will officially respond to the taskforce proposal April 12

Heinicke said his compromise solution to thepeer dispute subcommittee issue calls for limitedpeer involvement in the College's legalproceedings dealing with date rape.

Heinicke said his new proposal, which he willinsist on putting before the council as it stands,is "sound to the point of beingnon-controversial."

The proposal would involve outside students inthe investigation stage of date rape cases only ifsuch participation was accepted by both the victimand the accused. Peers would take part inreviewing the results of the investigation thenames of the students involved withheld. But thosestudents would not take part in determiningpunishment, according to Heinicke's plan.

The controversy surrounding the peer disputesubcommittees came up in a council meeting twoweeks ago. At that time, Heinicke opposed anystudent involvement in rape cases while councilChair David A. Aronberg '93 supported the taskforce's position of complete student involvementin all stages of the disciplinary proceedings.

The council will officially respond to the taskforce proposal April 12