We recently discussed the case of Emma Sulkowicz who gained fame as the “Mattress Girl” for her protest about the handling of her alleged rape by another Columbia student. Columbia not only cleared the male student,Paul Nungesser, of charges but the police refused to bring criminal charges. Columbia recently settled a civil action brought by the male student and reaffirmed that it found no evidence supporting discipline for sexual assault. Now, the Boston-based National Public Radio station is under fire for a story byNPR correspondent Tovia Smith that continued to refer to Sulkowicz as a “survivor” despite the countervailing findings of the university under the lower “preponderance of the evidence” standard advocated by the Obama Administration. The reference also indicated that Nungesser had indeed raped her. While the declination to punish Nungesser by the school or the declination to prosecute him does not mean that no rape occurred, it does show that there was insufficient evidence against Nungesser who has always maintained his innocence.
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