U. Miami Law Prof: Affirmative Consent Shifts Burden of Proof to Accused

September 13, 2015

By Aleister at College Insurrection

Prove that you’re not guilty is hardly a fair starting point.

Samantha Harris reports at the FIRE blog.

University of Miami (Florida) law professor Tamara Rice Lave has joined the growing number of people—including FIRE—arguing that “affirmative consent” policies unfairly shift the burden of proof to students accused of sexual misconduct to prove themselves innocent. In a pair of posts on the legal blog PrawfsBlawg, Professor Lave discusses her concerns with affirmative consent policies and argues that even the best-written affirmative consent policy will prove unfair in the university setting, “with its fewer procedural protections for the accused...

Schools: University of Miami