We do not empower our daughters, or protect them by taking away or limiting basic Constitutional rights of our sons. Our daughters are empowered by knowing the truth that maintaining their sobriety is their responsibility and the best way to avoid regrettable situations.
SB 967, though perhaps well intentioned, is flawed from its inception because it fails to address the issue of illegal, underage drinking that is almost always attached to these accusations of assault.
In fact, with wording such as “if alcohol or drugs were involved and providing amnesty from disciplinary action if the victim violated school alcohol policy at time of assault” could be interpreted to encourage drinking for some. By removing all responsibility we now put the woman in a position to be victimized over and over again. Lack of responsibility equates to lack of power.
If the woman is not capable of consent when intoxicated, how is it possible for someone else, perhaps in a similar inebriated state, to have any ability to determine the intentions and validity of response of another? It is possible to be in a black out drunk, sometimes added by prescription drugs, and appear to be fully functioning and capable of sound decisions.
How would we respond to this same woman, under the same level of intoxication, if she were to get behind the wheel of a motor vehicle and cause an accident? Would we blame the victim of the accident? Would we tell the victim they should have known the risk and not have been on the same street as the impaired? No, we have decided in our Courts that drunk drivers are responsible for the havoc caused regardless of their level of intoxication. We are inconstant and complicit if we allow this Bill to move forward with this language.
This Bill lacks a directive that the Colleges and Universities must allow Constitutional due process for all involved. It puts the accused in the position of guilt and subject to a life changing determination by very few. It makes criminals out of our boys and does nothing to help our girls.
Sexual assault is a horrific experience. I know first-hand. Alcohol and drug abuse is a plague on society and our souls. I have been a recovering alcoholic for over 23 years and have assisted and counseled countless women on how to recover from criminal assault and the answer was never to relinquish responsibility.
A Northern California parent and Mother of a College Son