UC Date Rape Terms Draw Criticism

Student groups, professors and administrators praised the Undergraduate Council for discussing date rape at last Sunday's meeting, but many expressed concerns with the council's proposals.

The council voted 32-22 to recommend to the Administrative Board a definition of rape that is significantly narrower than offered by the Date Rape Task Force earlier this year. In addition, the council recommended the creation of a new category of "sexual negligence," an offense less serious than rape.

The move has prompted criticism from many, including Professor of Law Alan M. Dershowitz, who called the discussion "amateurish."

"The legal definition of rape is very much in flux, and very complicated," Dershowitz said. "When you're drafting things like this you need professionals. [The discussion] bears all the hallmarks of enthusiastic amateurism."

The Radcliffe Union of Students (RUS) also reacted strongly to the council, releasing a statement yesterday which "challeng[ed] the UC's authority to create a 'policy' on date rape at Harvard-Radcliffe."

But Janet A. Viggiani, co-chair of the Date Rape Task Force, defended the discussion, calling it "incredibly important."

"If we really want students to be...thoughtful and attentive to these issues, they should be talking through them," said Viggiani, who is also assistant dean for co-education.

And Bromley Professor of Law Arthur R. Miller maintains that the discussion by students is legitimate, since the University is not determining criminal law.

"It's not irrational for the University to come up with a different definition of date rape than the state," Miller said. "[The school and the state] operate within different spheres."

Since the University solely administers disciplinary policy and does not determine legal meanings, it can define rape as it wants to, as long as it "doesn't contradict the law of the state," according to Viggiani.

Massachusetts state law says rape is sex in which the victim is "compelled to submit by force and against his will or by threat of bodily injury," according to Effie K. Anagnostopoulos '92, a council member.

The definitions suggested by the Task Force and the council are somewhat different in focus. The Task Force's report recommends that rape be defined as sex which "occurs without the expressed consent of the person."

The council resolution labels rape as intercourse occurring "despite the expressed unwillingness of the victim."

Malcolm A. Heinicke '93, who drafted the definition, said he was uncomfortable with the emphasis placed on expressed consent in the Task Force's recommendation.

"[Rape] is having sex with someone when they've said no or physically expressed no...when no one [indicates] anything, it's not rape," Heinicke said.

RUS disagreed in its statement, fully endorsing the Task Force's definition.

"It cannot be assumed that silence is consent," the statement reads.

Miller said, however, courts generally interpret rape as closer to the Task Force's defintion than the council's.

"The standard definition of rape is of non-consentual penetration," Miller said.Thus rape is usually shown by "a lack of consentrather than a failure to show expressed consent."

'Sexual Negligence'

The council resolution also proposes thecreation of a new category of "sexual negligence."

Effie K. Anagnostopoulos '92, who proposed theterm, said the category encompasses acts in whichthe initiator "fails to elicit consent resultingin the physical or psychological harm of thevictim."

The intent of the new category was to censurefailure to elicit consent, while not calling thatfailure rape, according to a Anagnostopoulos.

"Rape is a pretty serious crime, and we wantedto maintain that category as serious," she said.

The word "expressed" in the Task Force's reportis problematic, Anagnostopoulos said. Sheexplained that the definition implies that averbal "yes" must always accompany sex in orderfor it not to be rape.

"That's often-times not the way happens,"Anagnostopoulos said.

The grey area of "sexual negligence" labelsfailure to elicit consent as "something less thanrape but nothing so causal as sexual harassment orsexual misconduct," according to Anagnostopoulos.

The council recommended that sexual negligence"may be punishable by a request to withdrawdepending on the severity of the harm inflictedand surrounding circumstances."

Members of the Date Rape Task Force would nottake a position on the council's recommendations,but said they were satisfied to see the issuetaken seriously.

'Thoughtful Discussion'

"I'm pleased to know that so much thoughtfuldiscussion is going on," said Dean of RadcliffePhilippa A. Bovet. "That was our hope."

Viggiani agreed, saying that she hopes morestudents will become involved in the issue.

Heinicke said yesterday that he will propose onSunday that he council make two submissions to theAd Board, one summarizing all the opinions thecouncil has heard and one containing the council'srecommendations.

RUS Co-Chair Minna M. Jarvenpaa '93 said such amove would be appreciated by RUS as an attempt tofurther discussion rather than determine policy.

"That's exactly what we were hoping for,"Jarvenpaa said.Crimson File PhotoJANET A. VIGGIANI

'Sexual Negligence'

The council resolution also proposes thecreation of a new category of "sexual negligence."

Effie K. Anagnostopoulos '92, who proposed theterm, said the category encompasses acts in whichthe initiator "fails to elicit consent resultingin the physical or psychological harm of thevictim."

The intent of the new category was to censurefailure to elicit consent, while not calling thatfailure rape, according to a Anagnostopoulos.

"Rape is a pretty serious crime, and we wantedto maintain that category as serious," she said.

The word "expressed" in the Task Force's reportis problematic, Anagnostopoulos said. Sheexplained that the definition implies that averbal "yes" must always accompany sex in orderfor it not to be rape.

"That's often-times not the way happens,"Anagnostopoulos said.

The grey area of "sexual negligence" labelsfailure to elicit consent as "something less thanrape but nothing so causal as sexual harassment orsexual misconduct," according to Anagnostopoulos.

The council recommended that sexual negligence"may be punishable by a request to withdrawdepending on the severity of the harm inflictedand surrounding circumstances."

Members of the Date Rape Task Force would nottake a position on the council's recommendations,but said they were satisfied to see the issuetaken seriously.

'Thoughtful Discussion'

"I'm pleased to know that so much thoughtfuldiscussion is going on," said Dean of RadcliffePhilippa A. Bovet. "That was our hope."

Viggiani agreed, saying that she hopes morestudents will become involved in the issue.

Heinicke said yesterday that he will propose onSunday that he council make two submissions to theAd Board, one summarizing all the opinions thecouncil has heard and one containing the council'srecommendations.

RUS Co-Chair Minna M. Jarvenpaa '93 said such amove would be appreciated by RUS as an attempt tofurther discussion rather than determine policy.

"That's exactly what we were hoping for,"Jarvenpaa said.Crimson File PhotoJANET A. VIGGIANI