16 Everett St. Cambridge 02138 Editorial Chairs The Harvard Crimson 14 Plympton Street Cambridge, MA Dear Sir/Madam: Kenneth Katz's "And Justice for Some" (March 9) paints adistorted portrait of sexual interaction in the nation'scolleges. He fuels the fire of the date rape scare by relying on a faulty study that grossly exaggerates the incidence of rape oncampus, and by defining sexual misconduct in a way that threatensfreedom of expression. Katz cites as evidence an infamous Ms. Magazine-sponsored "date rape" study by psychologist Mary Koss, who defines sexual coercion to include consensual sex engaged in by a couple after lengthy verbal persuasion by the male. Katz claims that "A national survey of female college students conducted by Ms. Magazine in 1985 showed that one in six had suffered a rape or attempted rape in the previous year." In reality, the survey showed little about campus rape, since it covered only 31 campuses, while 62 others rejected it, citing problems associated with it. Foregoing objectivity for partisanship, Koss routed the survey through directors of women's studies programs, selecting a small, non-random sample of classes to take the survey. Robin Warshaw, I Never Called It Rape, 1988. A more reliable source is the Bureau of Justice Statistics 59,000-household national survey, which indicates that less than 1 woman per thousand is raped annually, although the figure is substantially higher for college-age women. Despite the Koss study's statistical invalidity, the recent Date Rape Task Force Report cited it as a principal authority. The hate-filled attitude towards men prevalent at Ms. Magazine is reflected by the comments of a high-ranking editor, who claims that "most of America's decently married bedrooms are settings for nightly rape." John Leo, U.S. News & World Report, Feb. 10, 1992. Katz displays insensitivity towards free expression and people seeking to initiate romantic relationships by referring to "unwanted sexual attention" as a crime. The market for romantic partners is a daunting one. Most of us know men and women who desire a partner but are counseled more by their fears than by their hopes, and who consequently never make the necessary leaps. Since few people are sure in advance whether their "sexualattention" is wanted or unwanted, imposing penalties for"unwanted attention" will result in less relationships and more loneliness. Armed with penalties, hypersensitive women (and perhaps men) will have a new weapon with which to wound would-be suitors, adding the threat of disciplinary inquisition to the pain of rejection. Shy people will be less inclined to ask their classmates out on dates, decreasing social interaction between men and women. To promote the formation of meaningful and life-giving relationships, our society should protect freedom of sexual expression. Yet the Date Rape Task Force applauded by Katz did just the opposite, calling last fall for a ban on "any unwanted sexual behavior," a chillingly vague notion of sexual harassment. One person's sexual identity is another person's "unwanted sexual behavior." A Fundamentalist Christian may find any behavior suggestive of premarital sex or homosexual orientation offensive. Conversely, many feminists find male sexuality threatening and even well-intentioned sexual humor demeaning. Ultimately, all male sexual expression could be labelled by the intolerant as "harassment." Feminist law professor CatharineMacKinnon, who originated the concept of sexual harassment, makesthe outrageous claim that "Marital sex is sexual harassment isrape." Exuding prejudice, she calls men a "group sexually trained to woman-hating aggression" and claims that nearly all heterosexual sex is rape by the male. Michael Weiss, Reason Magazine, January 1992; Hans F. Bader, "Collective Guilt," Letter, New York Times, December 27, 1991. Given the grim view of sexual interaction harbored by MacKinnon and many other "date rape" activists, adopting the Task Force definition would convert every individual within earshot into a potential informer for the Thought Police. Rather than bowing to the bigotry and hatred that lie behind calls for sexual censorship, the nation's universities should foster an open and tolerant living environment by protecting sexual freedom of expression. Sincerely, Hans Bader 1L, Harvard Law school (P.S. Partial documentation is attached to the next sheet. Thank you for your assistance.)