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University Daily Kansan/Friday, February 14, 1992 /
OPINION
Bill may make trials fair
In response to the editorial board's comments on my legislative efforts, I feel compelled to correct some misconceptions that the board seems to have and to reiterate the more salient points of my amendment.
The first significant misinterpretation stems from the original article of Feb. 4, in which it was erroneously reported that current Kansas statute prohibits the defense from presenting the alleged victim's past sexual history in a rape trial. Strictly speaking, this is untrue. Current Kansas statute (K.S.A. 21-3525) allows the defense to present as evidence the alleged victim's past sexual history if the defense can prove its relevancy to the case. The defense must follow a clearly proscribed set of rules outlined in the statute.
Once the motion is made, the court rules on the request of the defense and determines what may be introduced in court. When I realized that this mistake had been made, I called the Kansan newsroom to suggest that a clarification be printed the following day to avoid potential misunderstandings. This mistake is an easy one to make, and as such I was inclined to overlook it.
My main grievance with the editorial board is its use of the word "requiring" with respect to the proposed legislation. Nowhere in the proposed amendment does the word require or any of its derivates appear. In order to clarify my position and the legislation, I will outline the essence of my proposal and my reasons for suggesting additions to the existing statute.
Jean Winter Guest columnist
The essential feature of the proposed amendment deals with the past sexual history of the defendant, whether with the alleged victim or other persons. It is designed not to delve into a person's private life, but rather to bring to light any history of sexually aggressive behavior. In no way does the proposed amendment mention or advocate the introduction in court as evidence any promiscuous behavior on the part of the defendant. I am in complete agreement with the editorial board and its concern that it is "unjustifiable to use a reputation of promiscuity to justify rape." This is a blatant abuse of the judicial system and the due process of the defendant, just as it would be a violation of the due process of the victim.
I am not advocating the violation of the defendant's constitutional rights; I am merely proposing to redress the imbalance inherent in the existing statute. As it stands, the statute does not provide for the equitable treatment of the defendant and the alleged victim. If the potential exists to enter as evidence the sexual history of the alleged victim, is it not just that the same principle can be applied with respect to the defendant? I would
The editorial board takes exception to the introduction of past alleged rapes in the present trial as being irrelevant. To this I would counter that if the court finds the prosecution's motion to enter as evidence a history of sexual aggression acceptable, the establishment of a pattern of behavior is most relevant to the present trial. In murder cases, no one objects to the prosecution's attempt to establish a pattern, so why should another violent crime be exempt from such examination.
arguethatitis.
I take offense to the suggestion that without bruises or other acceptable signs of violence, the case is solely "the accuser's word against the defendant's sand, therefore, unsubstantial in court." By choosing this phrasing, the editorial board is invalidating the experiences of a large group of victims of acquaintance rape, a significant percentage of which show no outward signs of the violence done to them. Although it is certainly true that without these visible signs of rape it is difficult to prosecute and convict a rapist, the editorial board seems to imply that her testimony is insubstantial if she cannot be bruises, and therefore, she is better off not even attempting to prosecute. I am sure that everyone is concerned with victims' rights and wants to empower them in the judicial process. I am sure that the board will agree once it understands the legislation I am seeking to enact.
Jean Winter is an Emporia senior majoring in humanities and history.
THE UNIVERSITY DAILY KANSAN
Student 'bodies' need more
The University's offering of recreation facilities is lacking in capacity and availability
Chalk up another one in the long line of things that the University of Kansas needs to do to keep the student body happy.
Every student who has tried to play a pickup game of basketball knows the problem. Presently, the University has six courts for the student body to play basketball on. In addition, those of you who need to borrow a ball better get there quickly because there are only five of those to check out.
Although Robinson Center is a nice gymnasium, it is not enough to keep everyone happy. The problem escalates whenever an intramural season starts up. Whether it is volleyball, basketball or the Crimson Girls practicing, they take courts away from the hacking style of shirts and skins that is the cornerstone of the center's activity.
For those of you who enjoy lifting free weights or working on nautilus machines, the problem is just as severe. Various clubs and
sports use all the facilities, which is fine, but time and equipment need to be available for walk-in activities.
Solutions are easier than building a parking garage and restoring Hoch Auditorium
If the University allowed for Robinson to be open longer, made buildings such as the Anschutz Sports Pavilion more accessible to the students and reopened Allen Field House to students when the football and basketball teams were not practicing, we would be well on our way to developing recreational harmony. Although this would incur some costs, they would be nominal.
Long-term financing for upgrading could then be developed. For example, Penn State University channels money from the athletic department to intramurals and recreational play.
As it stands now, KU has inadequate room for its student "bodies" to relax and exercise. There are schools half our size with twice the space for student sports.
Life without MTV does exist
Jim Brown for the editorial board
Chance that service be removed spurs action; public outcry should come for real-life issues
Francis Fukuyama, in his essay "The End of History," says that the world's political system has arrived at its ultimate end — liberal democracy and Western-style consumerism. One event that would seem to indicate that he is correct is the recent rash of protest against the removal of MTV from various local cable systems around the country. John Mellencamp gives a free concert to support the pro-MTV forces, tearful women are seen (on MTV) at shopping malls railing at a cable company that would deny their right to see the new Warrant video, and the whole thing reminds one of the movie "Foot-loose."
This would surely support Fukuyama. In a world where consumerism is all-important, what could be more fundamental than the
right to consume?
Perhaps it is because "I want my MTV" is not nearly so stirring a battle cry as "Give me liberty or give me death" or "Workers of the world, unite." But this whole MTV flap is indeed full of sound and fury and signifies nothing. Are we really so apathetic that only a threat to our MTV can mobilize us?
Turn off your MTV. Stop living life vicariously. There is a real world outside the cable system. Experience it. Write a letter to the editor. Drink tequila 'til dawn with the homeless guy who walks down your street every day. Ask the girl you stare at every day in class out to dinner. Build a boat. Raise your voice and be heard, whether it be to speak out against racial hate, social injustice, or the lack of recreation facilities at Robinson Center, for there are indeed more things under heaven and on earth than are dreamt of in MTV's philosophy.
Mark Coatney for the editorial board
Members of the editorial board are Alexander Bloemhof, Jim Brown, J.R. Clairborne, Mark Coatney, Amy Francis, Tiffany Harness, Tiffany Lasha Hurt, Kate Kelley, Julie Ellen Li, Stephen Martino, David Mitchell, Chris Moser, Beth Randolph, Martin Scherstunl, Jiankua Lasson, Frank Williams and Sarah Zercher.
Important search is on
The search for a new executive vice chancellor for the University of Kansas is underway. This search could continue well into the summer, but regardless of its time span the result will be a permanent fixture at KU. I believe it is time for KU to look outside its conservative realm and find a progressive leader who can help advance KU academically and culturally. Society is changing, and KU has merely remained stagnant. KU needs a qualified person in that position who will accept the challenge of our diverse society and make profound changes necessary to the lives of students and faculty.
I suspect that most students do not really care who is chosen as our next executive vice chancellor. If Chancellor Gene Budig were to step down, would you care who became the next chancellor? The person we employ as executive vice chancellor today may be our chancellor tomorrow. All students should be aware and concerned about this possibility. More importantly, students who have felt unrepresented in the past should become involved and vocal in this search. Why? I answer that question by examining the duties
of the executive vice chancellor :
He or she acts as a channel to the chancellor for administrators of respected offices such as academic affairs, student affairs, affirmative action and the University ambassador. He or she also supervise, coordinate and evaluates the functions and activities of those offices. It is also the duty of the executive vice chancellor to take the necessary steps to secure the successful functioning of programs and activities from these administrative offices.
Now, with these particular offices in mind, try to think of all the important student issues that make their way to the executive vice chancellor and perhaps the chancellor: plans (or lack of plans) for a multicultural center, mission, tuition and revenue code reports, minority recruitment and retention ideas, sexual harassment policies and grievances. The list goes on and on. Clearly, finding a capable candidate is in the hands of Budig and the search committee, but students should not be unheard. If anyone knows what KU needs from the prospective candidate to fit this position, it's the students. Unfortunately, this search committee has only two representatives from the student body. However, there are avenues a student can take to express their concerns or
Lettersto the editor
questions regarding the search: contact your student senator! The phone number for the Student Senate office is 864-3710.
Angela Cervantes, student senator
U.S. armv actions OK
I write this concerning David Caruso's article of Feb. 11. I realize this was merely his opinion, but I must ask if he ever took a history class. Remember a man named Hitler who emerged to unite Germany about 50 years ago and started World War II? Is it possible that last year we prevented World War III?
I don't like death and destruction, but the United States needs a powerful army to defend the world. I suppose you wouldn't mind if a foreign army moved into your front yard, ate all your twinkies and stole your MTV.
Every war is going to take the lives of innocent people and consecrated soldiers. Nobody minds calling Hitler's troops evil, but they were simply defending their home, like Saddam's troops. What if it was your father who risked his life in the desert? My brother-in-law and best friend played in the sandbox for the sake of (do I dare say) saving the world from another Holocaust. Don't even think of insult-
John Naughton, Manhattan sophomore
Fight for parking rights
Inaddition to the problem that exists with the Parking Department's attempted restriction of the lot behind Fraser Hall, another problem with the Parking Department exists, one just as aberrant. I found out last week, while trying to attend a night class that I had enrolled in and paid for, that I was not going to be allowed to park my car within a mile of the building which housed my class. It was a game night.
One of the attendants, who was guarding the parking lot to make sure that none of those pesky, unauthorized students snuck in, told me that I would be sure to find a spot up on Jayhawk Boulevard. Yeah, right. Everybody knows that those spots fill up by 5 p.m. on game night. I was forced to park my car in a residential neighborhood and walk almost at mile back to my building, at night, in the dark. It is ridiculous that the fans of the Kansas basketball team are given first priority to the parking
I am not suggesting that all reserved parking for Kansas basketball fans be reappropriated for student use. I am suggesting, however, that basketball fans be made to share those spaces with students and others who would like to see these spaces being used in design and Design Building. One lot or a level of the parking garage should be made available to accommodate those students.
In further abridging the rights of students to make use of the permits that we pay so excitably for, the Parking Department is committing a heinous act. They have already gouged us by overselling the yellow zones by over a thousand spaces and exacting financial penalties for arbitrary "infractions" which are now at their discretion. It is ridiculous that the sticker I paid $50 for a month ago is reduced to so much worthless paper on any night that the Parking Department sees fit.
I think it is time that the students, who provide the livelihood of the Parking Department, stand up and demand our rights. Call or write the Parking Department today and let them know that their rights end where ours, the students, begins.
Jean Carter, Wichita senior
at this school at the expense of the students
KANSAN STAFF
TIFFANYHARNESS
Editor
VANESSA FUHRMANS Managing editor
TOM EBLEN General manager, news adviser
Editors
News    Mike Andrews
Editorial    Beth Randolph
Planning    Lara Gold
Campus    Eric Gorski/Rochele Olson
Sports    Eric Nelson
Photo    Julie Jacobson
Features    Debbie Myers
Graphics    Jeff Meesey/Aime Brainard
JENNIFER CLAXTON Business manager
JAYSTEINER Retail sales manager
Business Staff
Campus sales mgr .. Bill Leibengood
Management .. Rich Hitchhiker
National sales mgr .. Scott Hanna
Co-op sales mgr .. Ame Johnson
Production mgrs .. Kim Wallace
Marketing director .. Keith Leeer
Creative director .. Laenne Bryant
Classified mgr .. Kip Chin
JEANNE HINES Sales and marketing adviser
Business Staff
Letters should be typed, double-spaced and fewer than 200 words. They must include the writer's signature, name, address and telephone number. Writers affiliated with the University of Kansas must include class and hometown, or faculty or staff position. Guest columns should be typed, double-spaced and fewer than 700 words. The writer will be phooped. The Kansan reserves the right to reject or edit letters, guest columns and cartoons. They can be mailed or brought to the Kansan newsroom, 111 Suffer-Flint Hall.
Stick
by David Rosenfield