Survivor and advocate speaks about Title IX changes

MYRNA BROWN, HOST: Coming up next on The World and Everything in It: Justice for sexual abuse victims.

Now a quick word of warning: This story deals with difficult subject matter. You may want to fast forward about six minutes if young ones are nearby.

MARY REICHARD, HOST: Last week, the U.S. Justice Department announced a nearly $139 million settlement with more than 100 women who were sexually abused by former USA Gymnastics doctor Larry Nassar. This came just days after the Biden administration changed Title IX rules for investigating claims of sexual abuse.

WORLD’s Travis Kircher has the story.

TRAVIS KIRCHER: At first glance, Rachael Denhollander seems like your typical mom. She has vegetables in the crock pot, and she’s trying to get her four children, ranging in age from 12 to 5, to watch a nature program instead of Bluey.

DENHOLLANDER: I'm homeschooling my children, and I love it. My husband is finishing up his dissertation phase of the PhD. And it is incredible to watch him delving into theology so richly…

But a few years ago Denhollander was thrust into the spotlight as part of a dark chapter for women’s sports.

DENHOLLANDER: Larry is a hardened and determined sexual predator. I know this firsthand.

That’s audio from a Lansing, Michigan courtroom. When she was 15 Denhollander, a gymnast, was abused by USA Gymnastics and MSU doctor Larry Nassar. Sixteen years later in 2016, she came forward with her story. More than 200 other female patients of Nassar’s followed Denhollander in accusing the doctor of abuse. In 2018, Nassar was sentenced to between 40 and 175 years in prison.

Denhollander wasn’t a part of last week’s Justice Department settlement with more than 100 of Nassar’s victims, but she remembers where she was when she heard the news.

DENHOLLANDER: I was cooking dinner for my kids.

The nearly $139 million payout was to settle claims that the FBI grossly mishandled reports of sexual assault against Nassar in 2015 and 2016. A Justice Department investigation found that FBI agents in Indianapolis and Los Angeles knew about allegations against Nassar for more than a year, but did nothing to investigate. Denhollander says the settlement is a long time coming.

DENHOLLANDER: I'm deeply grateful. A settlement with any government official—particularly law enforcement—really is quite unusual. 

But she also believes more needs to be done. She supports President Biden’s controversial decision last month to reverse certain Trump-era changes to the enforcement of Title IX – the law governing sex abuse investigations at schools that receive federal funding.

DENHOLLANDER: Those were really devastating changes. They really stripped Title Nine of a significant amount of its impact and its ability to protect against sexual assault.

Some say the Biden changes go too far, infringing on the due process rights of the accused. Among other things, the Biden administration removed a Trump-era guarantee of a live hearing where a representative for the accused could cross-examine the alleged victim and any witnesses. Under the new rule the accused can only pass on questions to his or her accuser while the answers are recorded.

DILLON: I think due process is what allows us to have confidence in the results that these processes reach.

Justin Dillon is a former Assistant U.S. Attorney with experience arguing Title IX cases. Now in private practice, Dillon says the new process eliminates the opportunity for important follow-up questions between the alleged victim and the perpetrator.

DILLON: And frankly, there is no such thing in the world, including in the Constitution, as having a due process right not to be asked hard questions. That’s just not a thing.

The Biden rule also reverts to a single-investigator model of inquiry. In those instances, the same administrator acts as prosecutor, judge and jury.

Tyler Coward is lead counsel for the Foundation for Individual Rights and Expression:

COWARD: Tasking one person to have all these different roles and authority is ripe for abuse, it’s ripe for bias, and ultimately undermines the credibility of the entire process.

Denhollander says much will depend on how the rule change is implemented.

DENHOLLANDER: Do we want to guard very carefully against false allegations? Absolutely, yes. But is that the greatest problem facing us? On a statistical level, what is more likely? If someone more likely to be a victim of sexual assault, or more likely to be falsely accused?

As an advocate for abuse victims, Denhollander says she often meets survivors who think they’ve lost their faith in Jesus Christ. To counter that, she turns to what many see as a frightening image from the Book of Revelation.

DENHOLLANDER: That picture of Christ coming back with a robe dipped in blood bearing the sword of justice: That's a beautiful picture for those who have suffered.

She says victims need to be reminded of the dual nature of God: not just his mercy, but his justice.

DENHOLLANDER: I always had the cross of Christ presented to me as, “This is how serious your sin is.” And I needed to hear that. But nobody ever pointed to the cross and said, “This is how serious what was done to you was.” And we need both.

For now, she says she’ll continue her advocacy while she and her husband Jacob focus on raising godly children. And despite what Nassar did to her, she says she still has one prayer for him.

DENHOLLANDER: I pray for his repentance, right? And that if he ever comes to the point of grappling with the depth of depravity that he has been capable of, God's grace is sufficient. And that's the hope that we all have.

Reporting for WORLD, I’m Travis Kircher in Fisherville, Kentucky.

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