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In February 2013, Vassar College student, Xialou “Peter” Yu was accused of sexual assault by fellow student, Mary Claire Walker. The accusation stemmed from an incident occurring twelve months previously in which Walker had accompanied Yu back to his dorm room after a party and initiated consensual sex. Walker herself broke off the coitus early. She had decided that it was too soon after ending her relationship with her boyfriend to embark on a sexual relationship with another man. She even expressed remorse for having “lead Yu on” and insisted that he had done nothing wrong.
Nevertheless, at some point, Walker decided that she had been sexually assaulted and Yu was mandated to stand before a college tribunal. At this tribunal, Yu was refused legal representation, had his attempts at cross-examining his accuser repeatedly stymied, and potential eyewitness testimonies from both Yu and Walker’s roommates were suppressed by the campus gender equality compliance officer. Supposedly because they had “nothing useful to offer.” In what can only be described as a gross miscarriage of justice, Yu was found guilty and summarily expelled.
Unfortunately, the kind of show trials that condemned Yu is not entirely uncommon in American colleges and universities (and, like many social diseases, are starting to infect Australian campuses, as well). They are the result of years of unchallenged feminist influence on upper education. These institutions have swallowed, hook, line, and sinker, the feminist lie that every single woman who claims to be sexually assaulted must be telling the truth.
The problem begins with those who make public policy. The US Department of Education has been seduced by the ludicrous idea that modern, western societies are a “rape culture.” They have brought into the lie that one-in-five women are sexually assaulted on college campuses, despite the fact that this statistic (which conveniently seems to come up with exactly the same ratio no matter where it’s used) comes from an easily disproven web-based survey.
This survey, which was conducted at two universities in 2006, took only fifteen minutes to complete and had a response rate of just 5466 undergraduate women aged between eighteen and twenty-five. Furthermore, it was poorly formulated with researchers asking women about their experiences and then deciding how many of them had been victims of sexual misconduct.
Regardless, the lack of credibility that this survey possessed did not stop the US Department of Education’s Office of Civil Rights from laying out guidelines for handling reports of sexual misconduct. Among these recommendations was that reports of sexual misconduct should be evaluated on the “preponderance of evidence” rather than the more traditional “clear and convincing evidence.” This radical shift in standards of proof means that accuser only has to prove that there is a reasonable chance that a sexual assault occurred rather than having to prove it beyond a reasonable doubt.
It would be an understatement to say the college and university rape tribunals – and the policies that inform them – violate every legal principle and tradition of western law. American colleges and universities have created an environment in which male students can be stigmatised as sexual deviants with little to no evidence aside from an accusation. These tribunals not only violate standards of proof but the presumption of innocence, as well.
That these tribunals have decided to do away with the presumption of innocence should hardly come as a surprise. After all, the mere idea of the presumption of innocence is antithetical to human nature. It is natural for human-beings to presume that someone is guilty just because they have been accused of something. As the Roman jurist, Ulpian pointed out: the presumption of innocence flies in the face of that seductive belief that a person’s actions always result in fair and fit consequences. People like to believe that someone who has been accused of a crime must have done something to deserve it.
The presumption of innocence is the greatest legal protection the individual has against the state. It means that the state cannot convict anyone unless they can prove their guilt beyond any reasonable doubt. We should be willing to pay any price to preserve it. And we certainly shouldn’t allow extra-legal tribunals to do away with it just to satisfy their ideological proclivities.
This week for our cultural article we will be looking at Glenn Miller’s signature tune, the dreamy ballad Moonlight Serenade.
BIG BAND JAZZ
Moonlight Serenade is a classic of Big Band Jazz, a popular form of music during the Swing Era of the 1930s and 1940s. Unlike smaller jazz combos, which relies heavily on improvisation, Big Band Jazz is usually highly arranged. It typically involves ten or more musicians, including a minimum of three trumpeters, two or more trombonists, four or more saxophonists, and a rhythm section consisting of a pianist, bassist, guitarist, and drummer
Glenn Miller was born on March 1st, 1904 in Iowa. His family moved frequently through his childhood: first to Missouri, then to Nebraska, before finally settling in Colorado in 1918. Miller briefly played the mandolin before switching to the trombone. He played in the school band while attending High School in Fort Morgan, Colorado.
Upon graduating in 1921, Miller joined Boyd Senter’s Orchestra. He left the band briefly in 1923 to attend college, but quit after a year to return to music. He worked with the Ben Pollack Band in Los Angeles, California, before moving to New York City to work as a freelance trombonist and arranger.
In 1934, Miller became the musical director for Tommy Dorsey’s Band. The next year, Miller would form an American orchestra for British bandleader, Ray Noble. That same year, Miller formed his own band and began recording under his own name.
The Glenn Miller Orchestra found fame in 1939 when it performed at the Glen Island Casino in New Rochelle, New York. The performance was broadcasted on the radio, exposing Glenn Miller to millions of people.
On December 15th, 1944, the transport plane taking Miller to the newly liberated Paris disappeared. He was forty-years-old.
Moonlight Serenade was written in 1935 when Miller was working as a trombonist with the Ray Noble Band. In 1938, Miller used the song has a theme for his NBC radio broadcast. On April 4th, 1939, Miller recorded Moonlight Serenade as a b-side for Sunrise Serenade. The song became a success, becoming a top ten hit on the US Pop Charts, and reached number three on the Billboard charts, where it stayed for fifteen weeks.
Miller’s Moonlight Serenade symbolises the sound of a by-gone era. An era when men wore suits and women wore dresses, and when Big Band Jazz ruled the airwaves. Why not consider giving it a listen?