Preventing Sexual Assault

Preventing Sexual Assault

 

 

October 7-11, 2013 - Preventing Sexual Assault

Event:

Date:

Time:

Preventing Sexual Assaults

Tuesday, October 8, 2013

2:00pm-3:00pm

Preventing Sexual Assault

Thursday, October 10, 2013

2:00pm-3:00pm

Speakers: Annie Fererra, Aaron Parker, Rich Powers, and Chief H.E. Jenkins

Prevening Sexual Assault is co-sponsored by Sodexo, which will be providing free “Iced- Lattes” and “Italian Sodas” after the event.

 

Statistics on Sexual Assault:

In a survey of more than 6000 students at 32 colleges and universities in the U.S.,

  • 1 in 4 college women were the victim of rape
  • Only 27% of the women considered themselves to be victims of rape, although their assaults met the legal definition of rape
  • 42% told no one of the assault, and only 5% reported to the police
  • 84% of the rape victims knew their attackers

Centers for Disease Control and Prevention (CDC) 2010 National Partner and Sexual Violence Survey:

  • 1 in 71 men have been raped in their lifetime
  • As low as 16% of sexual assaults are reported (Kilpatrick, Dean G., et. Al. 2007)
  • Sexual Assault is the most underreported violent crime in the U.S. (Children, Women, Men, LGBT)

Sexual assault occurs most frequently in the following places:

  • 34% in the victim’s home or yard
  • 20% in the perpetrator’s home or yard
  • 12% in someone else’s home or yard
  • 7% in the victim or perpetrator’s home or yard
  • 7% in a rural area, woods, park, or campground
  • 5% in a vehicle

 

Kilpatrick, D.G., Edmunds, C.M. & Seymour, A. Rape in America: A report to the nation.  National Victim Center and Crime Victims Research and Treatment Center

What is consent and sexual assault?:

Preventing Sexual Assault

Consent:

is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.

  1. A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including but not limited to, due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. It is not an excuse that the individual respondent of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other.

  2. Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint, and/or from the taking of incapacitating drugs.

  3. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent.

  4. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.

  5. A minor below the age of consent according to state law cannot consent to sexual activity. This means that sexual contact by an adult with a person below the age of consent is a crime as well as a violation of this policy, even if the minor appeared to have wanted to engage in the act.

 

Sexual Assault- (Definition taken from Sexual Assault Penal Code 22.01)

  1.  A person commits an offense if the person:

intentionally or knowingly:

a) causes the penetration of the anus or female sexual organ of another person by any means, without that person's consent;

b)     causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent;

or

c)     causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor

2.  intentionally or knowingly:                                             

a) causes the penetration of the anus or sexual organ of a child by any means;

b) causes the penetration of the mouth of a child by the sexual organ of the actor;

c) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

d) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the

actor; 

or

e) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

 

A sexual assault under Subsection (a)(1) is without the consent of the other person if:

(1) the actor compels the other person to submit or participate by the use of physical force or violence;

(2)  the actor compels the other person to submit or participate by threatening to use force or violence against  

the other person, and the other person believes that the actor has the present ability to execute the threat;

(3)  the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4)  the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5)  the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

(6)  the actor has intentionally impaired the other  person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;

(7)  the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8)  the actor is a public servant who coerces the other person to submit or participate;

(9)  the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;

(10)  the actor is a clergyman who causes the other person to submit or participate by exploiting the other

person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser;  or

(11)  the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.

 

Strategies for Avoiding Sexual Assault:

General Guidelines:

  • If approached by someone you sense to be a potential threat, try to stay out of reach.
  • If you feel you are in danger of being attacked, try to escape the situation by running away if you can.
  • Try in any way you can to attract attention to yourself.  Scream “Call 911!”
  • Trust your instincts.  If a person, place, or situation makes you uneasy, leave or change it immediately.

 

Reducing Your Risk on Dates:

  • Find out more about your date.  Go beyond the basics.  Ask about his feelings towards women and relationships.  If he is someone you do not know arrive separately and meet in a public place.
  • Be assertive.  Speak up if a situation makes you uncomfortable.  Make it clear that paying for a meal does not entitle him to anything else, or offer to pay your own way.
  • Don’t allow yourself to be isolated with someone you don’t know or trust
  • Set your own limits and communicate these limits to your date.
  • Trust your feelings.  If someone doesn’t feel right, or if you just feel pressured or frightened, listen to yourself

 

Reducing your Risk at Home (Residence Halls):

  • Make sure your home (residence hall) has a door viewer and a dead bolt lock.
  • Make sure all entrances are well light.
  • Keep your blinds and curtains closed at night.
  • Never hide a key over a door or in a flower pot.  Also, never leave your door open, because you or your roommate lost their key.
  • Be cautious about revealing personal information over the phone or internet. 
  • Never admit strangers or unwanted acquaintances into the residence halls for any circumstances. 
  • Keep blinds and curtains closed at night.

 

Reducing your Risk at Parties:

  • When you go to a party or club, go with friends.  Arrive together, watch out for each other, and leave together.
  • Don’t leave your beverage unattended or accept a drink from an open container. 
  • Keep a clear head.  Overuse of alcohol or drugs can decrease your awareness and make you more vulnerable. 
  • Don’t leave with a stranger, no matter how attractive or persuasive he may be. 

 

Reducing your Risk at your Vehicle:

  • Always lock your vehicle when leaving and entering it.
  • Have your keys in hand so you do not have to search for them.
  • Look in the back seat before entering your vehicle.
  • If you are driving to another city, try and carry a cell phone that has a wide calling area so you can call for help if you are stranded.
  • If you have vehicle trouble, raise your hood, lock yourself in, and wait for the police or call for help.
  • Do not stop to help a stranded motorist; use your cell phone or stop at the nearest phone and call the police.
  • If you suspect that someone is following you, drive to the nearest public place and blow your horn.
  • Keep your call well-serviced, with good tires, a spare and plenty of gas. 

 

Reducing your Risk on the Street:

  • When walking alone, act self-assured and confident that you know where you are going.
  • Walk on the traffic side of the sidewalk, not close to alleyways and bushes. 
  • If you suspect that someone is following you cross the street, or walk quickly to a well-lit, well-populated location.
  • Wear sensible clothing and shoes which allow you to maneuver or run.
  • Don’t load yourself down with packages, bags, books, etc… You will appear vulnerable for attack. 
  • Stay alert and aware.  Turn around and look at whoever may be behind you.
  • If you walk or jog for exercise, try to vary your route or time on the street.  Predictable behavior is risky.

 

Kilpatrick, D.G., Edmunds, C.M. & Seymour, A. Rape in America: A report to the nation.  National Victim Center and Crime Victims Research and Treatment Center

WHAT YOU SHOULD DO IF YOU HAVE BEEN SEXUALLY ASSAULTED?

Preventing Sexual Assault

 

  1. Find a safe location away from the perpetrator.

  2. Tell someone who will help and support you.
    a.   Example: University Police, Residence Assistant, Director of Residential Life, Director of Student Services, or a Coach.

    b.   Call 1-800-656-HOPE (4673) to be connected to a rape crisis center for free and confidential assistance 24 hours/day.  They can offer options and help you identify what is best for you. 
  3. Know that what happened was not your fault

  4. Preserve all evidence of the attack:
    a.   Do not shower, bathe, wash your hands, brush your teeth, eat, change your clothes (preserve clothes in paper bag), or smoke.

    b.   If you are still in the location at which the crime occurred, do not clean, straighten up, or remove anything.

    c.   If you believe you have been drugged wait to urinate until you arrive at the hospital.  However, if you can’t wait, collect your first urine in a clean container with a lid and take it to the emergency room or police station with you.
    d.   Write down all the details you can recall about the attack and the perpetrator. 

  5. Seek medical care as soon as possible.  Even if you do not have any visible physical injuries, you may be at risk of acquiring a sexually transmitted disease (women may also be at risk for pregnancy).
    a.   Ask the health care professional to conduct a Sexual Assault Forensic Exam (SAFE).

    b.   If you suspect you have been drugged, request that a urine sample be collected to preserve evidence.

    c.   You may also elect to go to your own family care physician for medical assessment and treatment.

    d.   Medical professionals are not required to call law enforcement because an adult patient they are treating has been sexually assaulted (if the victim is a minor they will have to call the police).

  6. Consider reporting the attach to the law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S. ).
    a.   For investigative purposes, the sooner you report the rape the better.
    b.   If you choose not to report the assault immediately, you can still do so at a later time.  (See Statue of Limitations section for more about time limits you have in reporting sexual assaults)
    c.   You may have a sexual assault examination to collect evidence even if you choose not to involve the police or file a report at this time.  Evidence will be stored for you for at least two years

 

Rights of victim(s) of sexual assault:

 

  1. The right to protection from threats of harm arising from cooperation with prosecution efforts.
  2. The right to have your safety and that of your family taken into consideration when bail is being considered.
  3. If you so request, the right to be informed in advance about court proceedings, including cancellations or rescheduling.
  4. If you so request, the right to information about procedures in the criminal investigation of your case by law enforcement officials, and about general procedures in the criminal justice system, including plea bargaining, restitution, appeals, and parole, from the prosecutor’s office.
  5. The right to receive information about the Texas Crime Victims’ Compensation Fund that provides financial assistance to victims of violent crimes and, if you so request, referral to available social service agencies that may provide additional help.
  6. The right to provide information to a probation department conducting a pre-sentence investigation on the impact of the crime.
  7. The right to have a law enforcement agency pay for medical examinations for victims of sexual assault and, on request, the right to counseling regarding AIDS and HIV infection and testing for sexual assault victims.
  8. If you so request, the right to be notified of parole proceedings by the Victim Services Section of the Pardons and Paroles Division the right to participate in the Paroles Division, the right to participate in the parole process by submitting a victim impact statement or other information, and the right to be notified of the inmate’s release.
  9. The right to be present at all public court proceedings, if the presiding judge permits.
  10. The right to a safe waiting area before and during court proceedings.
  11. The right to prompt return of any property that is no longer required as evidence.
  12. If you so request, the right to have the prosecutor notify your employer that the need for your testimony may involve your absence from work.
  13. The right to complete a Victim Impact Statement, detailing the emotional, physical and financial impact that the crime has had on you and your family, and to have that statement considered by the judge at sentencing and by the parole board prior to taking any parole action.
  14. A victim of sexual offense may choose a pseudonym to be use.

 

The dos and don’ts everyone needs to know to support a victim of sexual assault?

  1. Do keep the victim calm
  2. Don’t Criticize
  3. Do Understand
  4. Do Listen to their reasons
  5. Don’t over-simplify
  6. Do reassure them that you are there for them, but this means you must be there for them.

 

What to expect from a victim of sexual assault:

1.  Anger  8.  Fear
2.  Embarrassment 9. Denial
3.  Anxiety  10. Sleeplessness
4.  Mood Swings  11. Helplessness
5.  Eating Changes 12. Substance Abuse
6.  Crying or Yelling 13. Calm and Unaffected Manner
7.  Suicidal Thoughts  

 

 

Stages of Adjustment for a victim of sexual assault:

  1. SHOCK: “I’m numb”

    Offering information to the survivor during this stage is not helpful as he/she will most likely remember very little, if anything, about what occurs during this time.
  2. DENIAL: “This can’t be happening”
    Not yet able to face the severity of the crisis, the survivor spends time during this stage gathering strength.
  3. ANGER: “What did I do? Why me”
    Much of the anger may be a result of the victim's feelings of loss of strength and loss of control over her own life.
  4. BARGAINING: “Let’s go on as if it didn’t happen.”
    The victim sets up a bargain: He/She will not talk about the rape in exchange for not having to continue to experience the pain.
  5. DEPRESSION: “I feel so dirty- so worthless.”
    If the victim is warned of this stage ahead of time, he/she may not be so thrown by it. He/she may experience drastic challenges in sleeping or eating habits, the indulging in compulsive rituals, or generalized fears completely taking over her life
  6. ACCEPTANCE: “Life can go on.”
    When enough of the anger and depression is released, the victim enters the stage of acceptance.  He/She may still spend time thinking and talking about the rape, but she understands and is in control of her own emotions and can now accept what has happened to her.
  7. ASSIMILATION: “It’s part of my life”
    By the time the victim reaches this stage, she has realized her own self-worth and strength.  He/She no longer needs to spend time dealing with the rape, as the total rape experience now meshes with other experiences in her life.

 

If you still have questions, please come by the CTX PD or email us at campuspolice@concordia.edu.

 

 

 

This page was last updated on Sep. 30, 2013.
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