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Dr. Nicole Bedera

๐Ÿ‘ค Speaker
585 total appearances

Appearances Over Time

Podcast Appearances

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

And I'll agree that I think cross-examination, it's a particular dagger to the heart because there is so much research that cross-examination is ineffective in sexual assault cases.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

It's ineffective if the thing you want is the truth.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

Because essentially what it does is it triggers survivors intentionally.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

to make it difficult for them to speak fully and freely the way that they would if they were answering questions in a trauma-informed setting.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

This is something that a lot of the general public doesn't know.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

There is no cross-examination requirement in the criminal justice system for sexual assault survivors.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

A lot of survivors choose to go on the stand or a prosecutor will say, I don't think the case is strong enough unless you take the stand.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

But there are sexual assault cases that work their way through the criminal justice system where the survivor never, ever submits to cross-examination.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

This is something unique to educational institutions, but we see it most on college campuses.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

Cross-examination was banned under the Obama administration's approach.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

And one of the reasons that it came back is because men's rights activists and their allies wanted to traumatize survivors and punish them for coming forward.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

One of the things that I heard from the perpetrators I interviewed is that they enjoyed the hearing process.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

They found it fun and entertaining because cross-examination allowed them to exert dominance over their victims and to humiliate them publicly.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

Universities very, very often ended up siding with the perpetrator and

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

And so they got to humiliate the victims.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

They got to get this formal support on their side from this institution and feel so valuable.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

It's another one of those moments where I feel like we're all worried about is the Title IX process too hard on perpetrators?

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

And there's no evidence it's hard on them at all.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

It's built to cater to them in a really specific way.

Something Was Wrong
S25 Ep4: Institutional Betrayal: How Title IX Fails Survivors with Dr. Nicole Bedera

The other thing is that we are seeing this weird disparity where the survivor has to attend the hearing for disciplinary proceedings for a perpetrator who is not required to be there.