Preventing Sexual Assault
Sexual assaults are crimes under state law and are punishable by fines and/or imprisonment. They are serious violations of Pacific’s student judicial code, faculty standards, university employee policies. In addition, these actions are subject to civil suit for damages.
Sexual assault is defined as any unwanted touching of a sexual nature. This includes, but is not limited to:
- Unwanted kissing, touching, or fondling
- Penetration with a finger or a foreign object
- Rape (vaginal intercourse)
- Sodomy (oral-genital contact, anal intercourse)
These acts constitute sexual assault when they are attempted or committed through force, threat, or intimidation; when the perpetrator has been informed that his/her actions are unwanted: or through the use of the victim’s incapacity or helplessness caused by alcohol or other drugs (e.g., when the victim is too intoxicated to consent). Alcohol or other drug use by the perpetrator does not diminish his or her responsibility for the assault.
There are other forms of sexual misconduct that are not only offensive, but also are against the law. This includes obscene phone calls, "flashing" or indecent exposure, and voyeurism or "Peeping Tom" behaviors. Victims of these actions are often traumatized. Perpetrators of these crimes often progress to more serious sexual assaults.
Definition of Terms
Sexual Assault
Sexual assault is an umbrella term that includes: rape, statutory rape (sexual contact with a person under 18 years old), sexual battery and conduct suggestive of attempting to commit any of the aforementioned acts.
Rape
Rape is a crime of violence, anger and power, which is not always motivated by sexual desire. Rape is the sexual penetration (however slight) of the victim’s vagina, mouth, or rectum without their consent. Rape involves penetration with:
- (a) the use of force/fear; or
- (b) with an individual who is unconscious or physically powerless to give consent; or
- (c) with a person who is otherwise incapable of giving consent, including situations where the individual is under the influence of alcohol or drugs and this condition was or should have reasonably been known to the offender.
Sexual Battery
Sexual Battery is the act of making unwanted and sexually offensive contact with an intimate body part of another person or which cause an immediate apprehension in the other person that such an act will occur. Intimate body parts include sexual organs, the anus, the groin or buttocks of any person and the breasts of a female. Battery includes situations in which the accused engages in the contacts described with a person who is incapable of giving consent or resisting due to alcohol or drugs.
Sexual Harassment
Sexual Harassment occurs when an individual’s behavior constitutes:
- Unwelcome sexual advances, or
- Unwelcome requests for sexual favors, or
- Other unwelcome verbal or physical behavior of a sexual nature where:
- Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s education or employment; or
- Submission to, or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual’s welfare, or
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s welfare, academic, residential life or creates an intimidating, hostile or offensive educational, living or working environment.
Prohibited acts that constitute sexual harassment include
- verbal conduct such as epithets, derogatory comments, slurs or comments
- visual displays such as derogatory or offensive posters, drawings or images
- unwanted touching blocking normal movement, interfering with study, work or activities
- threats demands to submit to sexual requests; retaliation for opposing, reporting or threatening to report harassment or for participating in related investigation, proceedings or hearing.
Common Reactions to Sex Assault
The after-effects of sexual assault can be devastating. They can be divided into three main categories: psychological, physical, and social. Some of the effects are listed below:
Psychological
- Guilt and shame
- Confusion
- Anger
- Helplessness
- Depression
- Fear and anxiety
- Denial of the assault
- Post-Traumatic Stress Disorder (e.g. nightmares, flashbacks)
Physical
- Changes in appetite
- Sleeping difficulties
- Stress-related illness
- Alcohol/Drug dependence
- Social isolation and withdrawal
- Difficulty trusting other people
- Interpersonal conflicts
- Decline in academics
Sex Assault Medical Options
Within 72 hours of the incident, you may choose either a General Medical Exam or a Sexual Assault Evidence Exam.
General Medical Exam
- Check for injuries
- Screen for STD's, pregnancy
- Set up follow up appointments
- Does not require you to prosecute or can be used in criminal suit but much less effective than Evidence Exam.
- May be used in civil suit
- Interviewed by doctor or nurse
- No cost at Pacific's Cowell Wellness Center
Sexual Assault Evidence Exam
- All aspects of general medical exam
- Gathers evidence for use in court
- Preserves legal chain of evidence
- Does not require you to prosecute
- Without this exam criminal prosecution may be very diffcult
- May be used in civil suit
- Interviewed by law enforcement, doctor, and/or sexual assault nurse examiner
- Must be performed at San Joaquin County Hospital. No cost if report is taken.
After 72 hours of the incident, you may choose either a General Medical Exam or a Sexual Assault Evidence Exam.
General Medical Exam
- Check for injuries, even healed injuries
- Screen for STD's, pregnancy
- Set up follow up appointment
- Can be used in civil and criminal suits but much less effective after 72 hours
- Even after 72 hours you should seek Medical attention
Sexual Assault Evidence Exam
- Not usually done after 72 hours because little evidence will remain for court use.
- The State of California will not pay for an Evidence exam after 72 hours.
Prevalence of Sex Assault
- It’s difficult to believe, but according to reliable research:
- Every 3 minutes, someone is sexually assaulted
- Date rape accounts for 70% of all sexual assaults
- 1 in 7 college women has been raped. Four of five knew their attackers.
- One of every four reported rapes took place in a public area or in a parking garage.
- 7-10% of all adult rape victims are male
- In a study by Mary Koss on college campuses, 13% of men admitted to using violence to obtain sex. 27% used lesser degrees of physical and emotional force when their partner was unwilling to have sex with them
- About 81% of rape victims are white; 18% are black; 1% are of other races
- Only 13% of reported rapes are interracial and, of those that are, the majority involve white men raping black women.
- The FBI estimates that only about 10-35% or rapes are ever reported to the police
- At least 45% of rapists are under the influence of alcohol or drugs.
- No one asks to be sexually assaulted, nor does anyone’s behavior justify the crime. The offender, not the survivor, is always responsible for the crime
Reporting Issues
Reducing the risks of sexual assault
Psychological Preparedness
The best way to protect yourself is to use your head. Be assertive. Make sure you communicate your desires and limits clearly.
- You always have the right to set sexual limits in any relationship
- Be wary of behavior that makes you feel uncomfortable.
- Trust your instincts: If the behavior persists, LEAVE.
- Avoid excessive use of alcohol and other drugs.
- Be aware of your surroundings: Do not assume that you are always safe.
- Vary your routines whenever possible.
- Try not to walk alone at night. If you must do so, walk in lighted areas. Walk at a steady pace and look confident. If you’re on campus call campus police for an escort.
- Keep your doors and windows (both home and car) locked.
- Educate yourself concerning sexual assault prevention tactics and strategies.
Avoidance Strategies/Indirect Prevention
Talk your way out of the situation. Use gimmicks. Blow your whistle. Practice screaming. Use noise and any attention-getter you can think of.
Confrontational Strategies/Direct Prevention
If you do something, mean it, and be prepared to follow up. Do only what you need to do to get away safely.
Consent
Sexual activity shall not take place unless consent has been freely given. Freely given consent includes the following conditions:
- participants are fully conscious
- participants are equally free to act
- parties have clearly communicated their willingness/permission
- parties are positive and sincere in their desires; and parties are free to cease ongoing consensual activity at any time.
Consensual participation in a sexual activity shows consent to that specific activity, but does not necessarily show consent to additional activity of a longer or more intense nature of an activity.
Consent is not freely given if an individual is:
- intoxicated from alcohol or other drugs such as GHB, Rohypnol or prescribed substances
- has lost consciousness
- is asleep
- is suffering from shock
- is fearful of an assault
- feels threatened
- is NOT 18 years of age (in cases of sexual intercourse as defined by applicable California state laws)
- has not been given to opportunity to consent
- has acted or spoken in a manner which expresses that she/he refuses to consent.
Silence alone does not imply consent. Giving alcohol or other drugs to another student with the intention of rendering him or her incapable of giving consent to sexual activity is prohibited.
Pacific's Sexual Asault Policy
- All member of the University community shall be able to pursue their interests free from sexual assault or harassment. This policy pertains to incidents of sexual assault and sexual harassment between students or where the alleged perpetrator is a student. Students who believe that violation has occurred and the perpetrator is a student should follow the procedures outlined in this policy. Instances where a student asserts that a faculty or staff member has engaged in sexual assault or harassment, the student should promptly contact the Human Resources Department.
- The University will evaluate known incidents of alleged sexual assault and sexual harassment and when appropriate apply disciplinary action. In accordance with student judicial procedures outlined in the Tiger Lore Handbook, violations of this policy may result in sanctions up to and including dismissal or suspension from the University. Prosecution by the criminal justice authorities is not a requirement for the student judicial process to be initiated.
- Social isolation and withdrawal
- Difficulty trusting other people
- Interpersonal conflicts
- Decline in academics
Sex Assault Medical Options
Within 72 hours of the incident, you may choose either a General Medical Exam or a Sexual Assault Evidence Exam.
General Medical Exam
- Check for injuries
- Screen for STD's, pregnancy
- Set up follow up appointments
- Does not require you to prosecute or can be used in criminal suit but much less effective than Evidence Exam.
- May be used in civil suit
- Interviewed by doctor or nurse
- No cost at Pacific's Cowell Wellness Center
Sexual Assault Evidence Exam
- All aspects of general medical exam
- Gathers evidence for use in court
- Preserves legal chain of evidence
- Does not require you to prosecute
- Without this exam criminal prosecution may be very diffcult
- May be used in civil suit
- Interviewed by law enforcement, doctor, and/or sexual assault nurse examiner
- Must be performed at San Joaquin County Hospital. No cost if report is taken.
After 72 hours of the incident, you may choose either a General Medical Exam or a Sexual Assault Evidence Exam.
General Medical Exam
- Check for injuries, even healed injuries
- Screen for STD's, pregnancy
- Set up follow up appointment
- Can be used in civil and criminal suits but much less effective after 72 hours
- Even after 72 hours you should seek Medical attention
Sexual Assault Evidence Exam
- Not usually done after 72 hours because little evidence will remain for court use.
- The State of California will not pay for an Evidence exam after 72 hours.
Prevalence of Sex Assault
It’s difficult to believe, but according to reliable research:- Every 3 minutes, someone is sexually assaulted
- Date rape accounts for 70% of all sexual assaults
- 1 in 7 college women has been raped. Four of five knew their attackers.
- One of every four reported rapes took place in a public area or in a parking garage.
- 7-10% of all adult rape victims are male
- In a study by Mary Koss on college campuses, 13% of men admitted to using violence to obtain sex. 27% used lesser degrees of physical and emotional force when their partner was unwilling to have sex with them
- About 81% of rape victims are white; 18% are black; 1% are of other races
- Only 13% of reported rapes are interracial and, of those that are, the majority involve white men raping black women.
- The FBI estimates that only about 10-35% or rapes are ever reported to the police
- At least 45% of rapists are under the influence of alcohol or drugs.
- No one asks to be sexually assaulted, nor does anyone’s behavior justify the crime. The offender, not the survivor, is always responsible for the crime
Reporting Issues
Reducing the risks of sexual assault
Psychological Preparedness
The best way to protect yourself is to use your head. Be assertive. Make sure you communicate your desires and limits clearly.
- You always have the right to set sexual limits in any relationship
- Be wary of behavior that makes you feel uncomfortable.
- Trust your instincts: If the behavior persists, LEAVE.
- Avoid excessive use of alcohol and other drugs.
- Be aware of your surroundings: Do not assume that you are always safe.
- Vary your routines whenever possible.
- Try not to walk alone at night. If you must do so, walk in lighted areas. Walk at a steady pace and look confident. If you’re on campus call campus police for an escort.
- Keep your doors and windows (both home and car) locked.
- Educate yourself concerning sexual assault prevention tactics and strategies.
Avoidance Strategies/Indirect Prevention
Talk your way out of the situation. Use gimmicks. Blow your whistle. Practice screaming. Use noise and any attention-getter you can think of.
Confrontational Strategies/Direct Prevention
If you do something, mean it, and be prepared to follow up. Do only what you need to do to get away safely.
Consent
Sexual activity shall not take place unless consent has been freely given. Freely given consent includes the following conditions:
- participants are fully conscious
- participants are equally free to act
- parties have clearly communicated their willingness/permission
- parties are positive and sincere in their desires; and parties are free to cease ongoing consensual activity at any time.
Consensual participation in a sexual activity shows consent to that specific activity, but does not necessarily show consent to additional activity of a longer or more intense nature of an activity.
Consent is not freely given if an individual is:
- intoxicated from alcohol or other drugs such as GHB, Rohypnol or prescribed substances
- has lost consciousness
- is asleep
- is suffering from shock
- is fearful of an assault
- feels threatened
- is NOT 18 years of age (in cases of sexual intercourse as defined by applicable California state laws)
- has not been given to opportunity to consent
- has acted or spoken in a manner which expresses that she/he refuses to consent.
Silence alone does not imply consent. Giving alcohol or other drugs to another student with the intention of rendering him or her incapable of giving consent to sexual activity is prohibited.
Examples of Different Types of Rape
Stranger Rape
Rose, age 25, was accosted at knife point in a shopping mall parking lot and forced by a stranger into his car. He drove her to a rural area, raped her, stabbed her five times, set the car on fire and left her. Although severely injured, she survived.
Acquaintance Rape
Molly, age 23, went to the door of her house to find a man she recognized from one of her college classes. She opened the door to let him in the house, whereupon he threw her on the sofa and raped her.
Date Rape
Diana, age 50, was vacationing in the Caribbean. She spent some of her time learning sailing and walking along the beach with a fellow guest. At a hotel dance, she danced with this man, and he asked her to walk outside. Once on the beach, this 6’4" man asked to have sex and forced her to cooperate by holding her down. Diana was too afraid to resist.
Multiple Rapes
Ann, age 21, was at a friend’s home with a group of her peers. There were three men, one other woman, and herself present. When the other woman left, the three men raped her.
Marital Rape
A woman recently had gynecological surgery. Two days after she came home from the hospital, her husband forced her to have sexual intercourse. This caused her to hemorrhage; she was re-hospitalized.
Seduction vs. Rape
One of the key questions in the issue of date rape is the difference between seduction and rape: the man feels he has merely seduced a woman, convinced her; the woman feels that she has been raped, coerced. A useful distinction to keep in mind is that seduction involves NO force, implied or otherwise. Seduction occurs when a woman is cajoled into agreeing to have sex; the word is "agreeing". Acquaintance rape often occurs when seduction fails and the man goes ahead and has sex with the woman anyway, despite any protest and without her agreement.
Pacific's Sexual Asault Policy
All member of the University community shall be able to pursue their interests free from sexual assault or harassment. This policy pertains to incidents of sexual assault and sexual harassment between students or where the alleged perpetrator is a student. Students who believe that violation has occurred and the perpetrator is a student should follow the procedures outlined in this policy. Instances where a student asserts that a faculty or staff member has engaged in sexual assault or harassment, the student should promptly contact the Human Resources Department.
The University will evaluate known incidents of alleged sexual assault and sexual harassment and when appropriate apply disciplinary action. In accordance with student judicial procedures outlined in the Tiger Lore Handbook, violations of this policy may result in sanctions up to and including dismissal or suspension from the University. Prosecution by the criminal justice authorities is not a requirement for the student judicial process to be initiated.
