Playing sports at the collegiate level is typically the culmination of years of dedication and hard work. A recent opinion piece in the Santa Fe New Mexican highlights how quickly the dream of college sports can be dashed by claims of sexual violence. “Athletics can be empowering spaces for building strong relationships,” author Jess Clark points out. “Unfortunately, athletics can also be spaces that produce and perpetuate cultural norms which promote harm.”

New Mexico lawmakers have repeatedly introduced Affirmative Consent legislation that would require students to be educated on the subject. The new law would protect survivors and bystanders from penalties if a school rule was broken at or near the time of the incidence of sexual violence. Since 2019, though, each version of the bill has died on the Senate floor.

Unintended Consequences of Affirmative Consent Laws

Students are often hesitant to contact campus police about sexual assault because it is often – though not always – accompanied by underage drinking. In theory, giving alleged victims and bystanders some grace in regard to school rules when reporting could help combat predatory behavior in these environments. In actuality, it may incentivize some students to make false reports in an effort to escape the consequences of underage drinking.

While the New Mexico legislation has been tabled for now, such policies exist elsewhere. Reports of sexual assault must always be carefully scrutinized. That's especially true when these policies essentially grant immunity to students who break school rules and are looking for a way to escape consequences.

The Impact of False Accusations

False accusations of sexual violence are always possible. This prospective legislation highlights the need for a fair, unbiased investigation process. All available evidence and testimonies must be considered. If students know they will not face punishment for unrelated misconduct – like breaking the law or violating the school code of conduct – they may be more likely to falsely report being a victim or bystander of sexual violence. This only muddies the water when it comes to reporting actual sexual violence.

Schools must establish clear policies that protect those who come forward as victims or witnesses. Advocating for the rights of the falsely accused should not undermine the importance of sexual violence prevention. Both the rights of the accused and victims should be respected and protected through fair investigation processes and appropriate support systems.

Defending Against Accusations of Campus Sexual Violence

The penalties for campus sexual assault allegations can be severe. If found responsible, a student may be suspended, expelled, or put on probation. Graduate schools, internships, employment opportunities, professional licensing, and more may be impacted. If you've been accused of assault, an experienced attorney advisor can help navigate the process and can help mitigate consequences and sanctions.

Joseph D. Lento and the Student Defense Team at the Lento Law Firm can provide much-needed guidance in the face of campus sexual violence allegations. Contact us at 888.535.3686 or go online to tell us about your case.