Miltenberg: “Sexual Assault on Campus: A Special Report,” New Jersey Monthly

3.15.18

Miltenberg, who has represented more than 200 accused students nationwide since he started handling such cases in 2013, has taken on Rutgers, Princeton, the College of New Jersey, William Paterson, Drew University and Seton Hall. Although he goes to bat for the accused, Miltenberg says it is high time universities examine their own presumptions about sexual assault, as well as their investigative processes. …  “Prior to 2011, there was a sense that boys will be boys. If a young woman was at a frat party on a Friday night, and she went to the room of a guy she’s known for two years, and all of a sudden she found her shirt and bra were off, the response to her complaint would be, ‘Well, dear, you shouldn’t have been at a frat house wearing a halter top and a short skirt.’ That’s clearly, patently offensive,” he says—pure blame-the-victim sexism. But attempts to root out this type of thinking have been “poorly planned and horrifically carried out,” in his opinion. …  “Right now, the process around these cases is Byzantine and, at most schools, opaque at best,” says Miltenberg. “But what I’m seeing is that regardless of what the [Department of Education] does, schools are doubling down, and they’re going to continue handling these cases a certain way.”

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