Earlier this week, we highlighted a resolution being considered by the American Bar Association. Resolution 114 would impose a controversial "affirmative consent" standard for sexual activities.

The Resolution makes this claim about "trauma-informed" ideology:

Researchers such as Dr. Judith Herman and Dr. Jim Hopper of Harvard Medical School, as well as Dr. Rebecca Campbell of Michigan State University, are among the nationally recognized experts writing about the neurobiology of trauma as it relates to sexual violence. This body of work can be simplified as identifying three common states of “inaction” that can affect victims: (1) Dissociation, (2) Tonic Immobility, and (3) Collapsed Immobility.

Yesterday, about 100 legal scholars from the American Law Institute sent a strongly worded letter to the ABA refuting the resolution's trauma-informed claim about "frozen fright." They wrote:

Much more could be said about the deficiencies of the “Report” with respect to neurobiology, including the fact that the principal proponent of the “frozen fright” theory is Rebecca Campbell who is not a neurobiologist. See, e.g., Emily Yoffe, The Bad Science Behind the Campus Response to Sexual Assault, The Atlantic, September 8, 2017  (“In her 2012 talk, Campbell acknowledged that she is not a neuroscientist, but rather is translating others’ work.”)  The Yoffe article contains highly detailed examination and refutation of the “frozen fright” claims that must be examined and assessed by the ABA before permitting the “Report” to be a basis for ABA action. In short, the “Report” is based on bad history and bad science. 

If you haven't expressed your concerns with Resolution 114, here's the contact info:

Kevin Scruggs, ABA Criminal Justice Section Director 
(202) 662-1503
kevin.scruggs@americanbar.org 

Please contact him today -- the vote on Resolution 114 is expected to take place this weekend!