Boston University School of Law
This article examines the efforts to use Title IX to address the problem of sexual assaults on college campuses. It seeks to explain an odd phenomenon: universities seem to put more resources into addressing assaults that have already occurred than they do into preventing sexual assaults from occurring. To better understand how universities implicitly frame their options for addressing sexual assault, I’m going to posit that there are two particularly prevalent analytic approaches to sexual assault prevention. I’m going to call one the law enforcement approach and the other the public health approach. I’m going to link the law enforcement approach to the analytical framework we use in law when we focus on individual choice and character, in criminal law in particular. I’m going to link the public health approach to the violence prevention framework used by researchers within public health institutions such as the Centers for Disease Control (“CDC”).
Katharine B. Silbaugh,
Reactive to Proactive: Title IX's Unrealized Capacity to Prevent Campus Sexual Assault
Boston University Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/1667