The views expressed by contributors are their own and not the view of The Hill

‘It’s on Us’ and it’s a crime

It’s on Us.

To recognize that non-consensual sex is sexual assault.

To identify situations in which sexual assault may occur.

To intervene in situations where consent has not or cannot be given.

To create an environment in which sexual assault is unacceptable and survivors are supported.

Those are the words of the public service announcement (PSA) of “It’s on Us,” the new White House campaign against sexual assault on college campuses that launched on Sept. 19.

“It’s on Us” has the potential to be a powerful campaign. “This entire country is going to make sure that we understand what [sexual assault] is about, and that we’re going to put a stop to it,” the president said at the campaign’s launch.

{mosads}The campaign emphasizes the need to change campus norms and eradicate the culture of victim blaming. At its launch, Vice President Biden was adamant that the, “mark of success will be when not a single woman in America blames herself. And when every man in America understands… [that] there is no circumstance at all other than self defense when he has a right to raise a hand against a woman. None. Zero.”

Yet, the campaign’s focus on culture change neglects one important message: that sexual assault is also illegal. Punishable by law. A violent crime.

Perhaps that seems obvious. But identifying the criminal nature of sexual assault has important implications. It helps remove the stigma of sexual assault, by making it clear that victims are survivors of violence, as is anyone who has been beaten or otherwise physically violated. Moreover, crime victims are widely understood to have rights to prosecution and legal services, things often denied to victims of sexual assault. 

In October 2012, Amherst College student Angie Epifano sparked a nation-wide debate when she published an open letter describing the college’s mishandling of her sexual assault. Rather than offering help, Amherst administrators had questioned whether Epifano was “really” raped and discouraged her from prosecuting. The college had earlier failed to report the alleged assault of Trey Malone by another student in September 2011, leading to Malone’s suicide in June 2012. Such mismanagement and systematic denial of victims’ legal rights continues to be the norm on college campuses across the country—including the recent Columbia University case, where the alleged perpetrator of three separate assaults continues to attend classes.

That’s why it’s not enough, as Biden suggested, to, “apply the moral disapprobation of society and the community on any man who raises his hand.” Nor is it enough, as President Obama suggested, to, “tell your buddy when he’s messing up.” Focusing exclusively on culture change without emphasizing legal consequences sends the wrong message. Your “buddy” needs to know that he’s not just “messing up.” He’s breaking the law.

Rory Gerberg, who leads Harvard Students Demand Respect, the Harvard-wide movement for affirmative consent, has suggested that focusing on criminality may deter victims from speaking up. She notes that, in surveys, people often deny being victims of sexual assault, while simultaneously reporting that they have experienced specific actions like unwanted touching.

Yet, the “It’s on Us” campaign does not primarily target victims. As Biden recognized in his opening comments, when the majority of perpetrators are male, men must be part of the solution (though certainly men are also victims of sexual assault). No doubt that’s why the administration chose Kyle Lierman, associate director of public engagement at the White House and a former college athlete and frat guy, to lead the campaign. He’s someone who might have some success in getting college guys and non-survivors to care about this issue, spark a national conversation, and begin to change the culture.

It’s precisely because the campaign targets this new demographic that emphasizing criminality is important. Potential perpetrators need to understand that they will receive more than “moral disapprobation.” Future victims need to know that they have legal rights. School administrators need to stop shielding perpetrators from local law enforcement. That’s the culture that also needs to change.

It’s true that the definition of sexual assault varies broadly by state. But the simple concept that sexual assault is illegal is true across the country, and is certainly covered by federal statute.

Closing the campaign’s launch, Obama emphasized that “sexual violence isn’t just a crime, it is a civil rights violation.” He’s right, but let’s not overlearn the lesson. Sexual violence is still a crime. Somewhere in the “It’s on Us” campaign, that needs to be clearly and strongly communicated.

Winnick is a master’s candidate in Public Policy at the Harvard Kennedy School of Government. 

The Administration