About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

49 Tex. Tech L. Rev. 147 (2016-2017)
Crime Logic, Campus Sexual Assault, and Restorative Justice

handle is hein.journals/text49 and id is 157 raw text is: CRIME LOGIC, CAMPUS SEXUAL ASSAULT, AND RESTORATIVE JUSTICE Donna Coker* I. INTRODUCTION ................................ ............. 148 II. CRIME LOGIC .......................................... 155 III. PROBLEMS WITH THE DOMINANT NARRATIVE ABOUT CAMPUS SEXUAL ASSAULT ........................................ 162 A. The Paradigm Victim: White, Heterosexual, and Female.......... 162 B. Prevention and Intervention Strategies Fail to Address the Importance ofIntersectionality ................. ...... 165 C. The Paradigm Campus Assaulter: The Sexual Predator ....... 169 D. The Dominant Paradigm Does Not Capture the Range of Sexual Conduct Prohibited by Campus Codes, the Differences in Victim Experiences, or the Differences in Students Who Cause Harm. .................................... 177 IV. WHAT RESEARCH TELLS US ABOUT CAMPUS SEXUAL ASSAULTERS: ALCOHOL USE, PEER NORMS, AND HOSTILE MASCULINITY ......................................... 180 A. AlcoholAbuse............ ................ ..... 181 B. Peer Norms and Hostile Masculinities ............ ......... 183 C. Summary................................. ...... 185 V. RESTORATIVE JUSTICE ..................................... 187 * Professor of Law, University of Miami School of Law. J.D., Stanford Law School, 1991; M.S.W., University of Arkansas at Little Rock, 1982; B.S.W., Harding University, 1978. 1 am grateful to the members of Campus PRISM, particularly sujatha baliga, Kaaren Williamsen, and David Karp, for their assistance with thinking through the practical application of campus-based restorative justice (RJ) programs and to Mary Koss for her thoughtful, detailed comments on both RI and campus sexual assault research. I am grateful to Kevin Swartout and Antonia Abbey for assisting with my understanding of their research. I am grateful to Nancy Cantalupo, Eric Carpenter, Drew Dawson, Mary Anne Franks, Leigh Goodmark, Kaaryn Gustafson, Tamara Lave, Ahjand (Billingsley) Macquoid, Martha Mahoney, Madeleine Plasencia, Tom Robinson, Robert Sand, Steve Schnably, Jane Stoever, and Deborah Weissman for their thoughtful comments. I also received helpful comments from the law faculties of Southern Methodist University, the University of Miami, and Florida International University; attendees at my talk for the University of California at Irvine Initiative to End Family Violence; members of the University of Miami Women and Gender Studies colloquium; and panelists and participants in the Violence Against Women Symposium of the 2016 Association of American Law Schools Annual Meeting/Annual Texas Tech Criminal Law Symposium and the International Restorative Conference. I am grateful for the able research assistance given to me by Marlon Baquedano, Sawyeh Esmaili, Kathryn Della Fera, Nicole Pecorella, Janyl Relling, and Gina Loredo and to the campus administrators and Title IX investigators who spoke with me candidly about the challenges they face. I am grateful for the excellent librarian assistance available at the University of Miami School of Law. Finally, I thank the editors of the Texas Tech Law Review for their careful editing. Of course, I alone am responsible for any mistakes found herein. 147

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most