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And Justice for Some

"COLLEGES," the Task Force report argues, "must respond to behavior that harms the physical and emotional well-being of their students and violates standards of behavior."

Fair enough. There may be special requirements in an academic community that require stricter standards of behavior. So even if Massachusetts law doesn't consider "sexual misconduct" a crime, this standard should be upheld by Harvard.

But rape and sexual assault--by acquaintances or strangers--are violent crimes and felonies under Massachusetts law. Doesn't the Commonwealth prosecute those accused of sex crimes?

It does, of course--but only that small minority of cases that are reported.

One of the Task Force report's goals, therefore, is to encourage victims of date rape and sexual assault at Harvard to report the crimes--but to College authorities, not necessarily the Cambridge police. Hence the task force's emphasis on procedural reform of the Ad Board.

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The Task Force also recommended steps for an adviser to take that will put victims in touch with representatives from the real world legal system. But that's not enough.

IMPROVING the comfort level at Harvard for victims to bring sex crime cases before the Ad Board may prove to be a pyhrric victory in the battle against sex crimes in America.

If victims feel that justice can be served effectively through a user-friendly Ad Board, they may be tempted not to pursue the matter in the Massachusetts legal system.

After all, the Ad Board can impose none-too-light penalties on convicted accusers of its own right--like expulsion from the College, for example.

And with the non-Harvard legal system remaining hostile to sex crime victims, there's a double incentive for Harvard students not to seek justice beyond the ivory tower.

But beyond the ivory tower--that is, in the real world-all other victims of sex crimes in America must seek justice with the legal authorities. And that's where the focus of the Task Force's recommendations should have been.

If forced to the courts like everyone else in America, intelligent, respected and politically adept Harvard students might be able to change legal system's problematic attitude toward sex crime victims--for the benefit of all. The College could still punish student offenders, based on the court's judgments.

But that won't happen if they stay comfortable within the confines of Harvard's judicial fief. And that would be a real crime.

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