Colorado Politics

There are no excuses when it comes to sexual assault

The top Civil Rights official for the U.S. Department of Education stated that 90 percent of campus sexual assault claims are due to both parties being drunk. It is critical to call out this harmful and baseless statement, as well as the unimaginable consequences if Education Secretary Betsy DeVos uses this same rationale to unravel the progress we have made with Title IX protections for sexual assault survivors on college campuses. It would set us back, to a time when many sexual assault survivors went without support, services, and justice. Our Education Department needs to continue creating safe campuses and giving victims better access to justice. Secretary DeVos owes every student in our country her full and true commitment that she will do everything in her power to continue the fight against this heinous crime.

Colorado is no stranger to this difficult issue. In 2013, the U.S. Department of Education initiated an investigation into the University of Colorado’s Boulder campus for its handling of sexual assault complaints. A recent survey of the university revealed that 28 percent of female undergraduates were sexually assaulted while attending the university. These women had come to one of our finest educational institutions to attain a top-notch education. Instead, they suffered a terrible and traumatic event that never should have occurred, with irreparable harm as a result.

As a prosecutor who has handled sexual assault cases for many years, one of the most challenging aspects of prosecuting these cases is that victims must subject themselves to public scrutiny of extremely painful events. Of course, the process of investigating and prosecuting such cases must be fair and just for all. Prior to Title IX and other reforms, however, false stereotypes and stigmas often kept survivors out of the public eye, allowing many people to look the other way and ignore the problem of campus sexual assault. For too long – and for far too many victims – schools failed to respond and failed to act.

Although there is more work to be done, Colorado has made progress over the past 25 years – through rape shield laws, the Victims’ Rights Act, and a system-wide effort to develop a better response to sexual assault cases. Many of our local district attorneys have also developed incredible specialized units for these complex and sensitive crimes. To encourage victims to report these offenses and help law enforcement to identify the offenders, our legislators and law enforcement officials have worked to ensure that victims receive protections and support when they come forward.  Title IX set standards on how to handle allegations of sexual assault at our colleges and universities. We need to continue to improve, not roll back, our collective response to allegations of sexual assault.

The Attorney General of Colorado represents all of the state’s public colleges and universities, including on Title IX issues. Our attorney general must play a leading role in protecting survivors of sexual assault, through defending Title IX protections – as well as provide assistance and resources to local law enforcement and district attorneys when needed. Colorado deserves an attorney general who embraces this challenge.

I am the son of a public school teacher, a graduate of community college, and an adjunct law school professor. I am passionate about the role of our schools in protecting students and, as a prosecutor, I know how important it is for victims to feel secure in coming forward to report sexual assaults.

We must continue to fight this crime; we must be bold and make it clear to the next generation that this behavior is unacceptable. I hope Secretary Betsy DeVos leaves Colorado understanding the impacts on the lives of students when reckless statements and decisions are made. These federal protections under Title IX should remain in place. We have come too far into the light to sweep campus sex assaults back into darkness.

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