What college men should know about sexual assault, rape, and sexual battery
Test Yourself on Sexual Assault
Matt & Brandy
Sophomore Matt and freshman Brandy start hanging out. There's definitely chemistry between them. After a few weeks, spring break comes around and they agree to go camping for a few days in Yellowstone Park.
They've gotten close, but haven't had sexual intercourse, although she has spent the night in his room. His friends say to him, "She'll loosen up with a little alcohol."
In Yellowstone Park, Matt and Brandy begin drinking beer while putting up the tent. By nightfall they start fooling around. She tells him she is spinning and she feels like she is going to pass out from all the beer. He says, "Don't worry." They have sex.
In the morning she says to Matt angrily, "What did we do?"
Is This Rape?
Yes, someone who says they are about to pass out from alcohol (or drugs) is not in a position to give consent to sex. In Idaho the law states that an intoxicated person cannot give consent, even if they say yes.
It's a Fact
Recent studies indicate that alcohol and drug use can either
- Increase one's risk of being victimized or
- Increase one's risk of being an offender in a sexual assault.
Jim & Jessica
Junior Jim and senior Jessica have been dating for several months; they have had sex several times. She's visiting his apartment and they start fooling around. She stops him at one point and says "Not tonight." He says "Come on."
He pushes her to the bed, thinking she's just teasing him. He penetrates her. Afterwards she says "I told you I didn't want to." He says "I thought you were just kidding."
Is This Rape?
Yes, because consent was not given. In some cases, a woman might physically resist, but simply saying "No" or "Stop" is sufficient under the law to indicate lack of consent. In addition, it is important to note consent is not implied simply because she's visiting his apartment.
John & Angela
Sophomore John and sophomore Angela are in the same English class.
After study group one night, they go back to his room. They start kissing. He touches her breasts, she moves his hand away, he puts it back. She moves it away again.
He puts his hand under her skirt. She says stop; he tries again; she moves his hand away again.
Is This Rape?
No, but it is sexual battery. Unwanted sexual touching constitutes sexual battery. Consent for all sexual touching is required. In addition, if he continues to ignore her and persists in the same manner, it could be attempted rape.
Dan & Jennifer
For the past two months, freshman Dan has been seeing freshman Jennifer. She goes back to his room one night and they start fooling around. She says she isn't ready to have sex with him and they do everything but that. He says "I know you've had sex with your other boyfriends." She says "Yes, but I'm not ready with you."
That night he keeps pressing the issue and each time he asks, she says "No." She must have said no 15 times! She becomes so tired of the incessant asking she finally agrees.
Is This Rape?
No, if consent was given freely. However, insisting after someone says "no," especially repeatedly says "no," is not a caring or respectful approach to having sexual relations. In addition, if she agreed to have sex out of a sense of coercion, then it is considered rape.
If you have trouble talking directly about sex with the person you are with, then you may feel more comfortable using an experience of one of your friends. For instance, you could say to the person you are seeing something like, "Hey, can you believe what happened to my friend, Anne, she went out with this guy only twice and at the end of the night he was all over her."
This may allow you to start a conversation that establishes how you want your relations to proceed and may reveal whether the other person's expectations match your own. Both women and men have the right to determine what is appropriate for them according to their beliefs and values.
Ty & Carrie
Ty and Carrie and a group of friends go to a party in Chubbuck. After partying for awhile they end up in Ty's apartment. They've had a great evening. Carrie knows she does not want to have sex with Ty. It's their first time alone and things are moving pretty quickly. His hands are under her shirt and she starts telling him "No" repeatedly.
Ty thinks every time Carrie says no, she just wants to make sure that he doesn't think she's "easy," after all, he knows how quickly a girl can get a reputation on campus.
What's Happening Here?
A woman can go back to a man's house without wanting to have sex, however, it does put her in a more vulnerable situation that she should be cognizant of and plan for.
Women need to say "No" clearly and make sure that the person they are with understands that when they say "No" they mean it.
If the man does not seem to understand "No" the woman should make every effort to leave as quickly as possible!
Jasmine & Chaz
Sophmore Jasmine wakes up in bed next to Chaz, a guy she met at a party the night before. The party was at Chaz's house and Jasmine and her friends partied there because they knew a couple of Chaz's roommates who had invited them over. Jasmine can't remember how she ended up in bed with Chaz.
She jumps out of bed, gets dressed and asks Chaz, "What happened?" He says "You know, we had a great time." She knows she never would have agreed to have sex with him; she's a virgin.
She starts thinking back to the night before. She remembers thinking that he was cute and talking to him in the kitchen. She drank several beers and so did he. She remembers her friends asking her if she was ready to go to another party at one of the other apartments. She told them that she'd meet up with them in about an hour. She doesn't remember anything after that.
What's Happening Here?
Jasmine may have been raped and Chaz may have facilitated the rape by slipping a drug into her drink.
GHB and Rohypnol (commonly known as roofies, roche, R-2, rib and rope) are two of the most widely known drugs used to facilitate rape. Other drugs that are being used to facilitate rape include Valium, Soma, Rivotril, Xanax, and Atavan. If a controlled substance is used to facilitate a rape it is a federal crime.
Avoid Being Drugged
Don't leave your drinks unattended, don't drink from a punch bowl, and don't drink any beverage that you did not open or make yourself. If this is unrealistic, make sure that you have pre-arranged with friends to watch out for one another.
What If You Are Drugged And/Or Sexually Assaulted?
Go to a safe place immediately and get help (police and medical care). If you go directly to a hospital, tell them what happened. In addition to diagnostic tests, ask the hospital to take an additional urine sample so that the police can analyze it for any substance that might have been used to either incapacitate you or remove your ability to give consent (even if the drug was self-ingested). Preserve evidence, even if you may not want to press criminal charges immediately. If the evidence is preserved, it can be used to strengthen the case if you later decide to prosecute.
Don't shower, bath, brush teeth or hair, go to the bathroom, change or wash your clothing.
Call an advocate for assistance.
Seek medical help within 72 hours of the assault.
Be tested for pregnancy, and treated for STDs.
See services from a counselor.
Jake, Brian and Mike go to the movies with Chrissy, Maria and Soledad. They all know each other from one of their classes. Afterwards, they go back to Mike's place to kick it. After some drinks, Mike and Soledad start hanging out on the couch. The other friends leave.
One thing leads to another and they start kissing. After awhile, Soledad finds Mike forcing himself on her. She didn't mind kissing him, but she didn't want to do anything else. She keeps telling him "No" and saying, "Hey, I don't know you that well, stop." He's maneuvered her panties down, opened his pants and starts to enter her. She says, "If you're going to do this, put a condom on."
Is This Rape?
Yes, she said "no." Consent was never given and asking for a condom is not considered consent under the law.
Did You Know?
Seventy-five percent of rapes are committed by someone the victim knows, as opposed to a stranger? While most rapes involve acquaintances, approximately one-quarter involve strangers. Take precautions to be safe when outside or even inside your home. For instance, try not to walk alone and when in your residence hall or apartment, keep your doors and windows locked, and don't prop outer doors open!
Kristen & Josh
Kirsten, a freshman, is dating Josh, a star athlete. They met at an event during orientation week. She thinks they are dating, but he's got a girlfriend at home and doesn't mind seeing what's out there.
One night they hook up back in his room, but things go farther than she wants. She says, "No" several times, but he ignores that and has sex with her.
That night, as she walks home, Kirsten thinks about what happened that evening. She doesn't understand why Josh proceeded after she said "No."
The next day Kirsten tells her friends about what happened. Together they decide it should be reported to the police. This takes a week or more because some of the friends have a hard time believing that Josh, admired by so many on campus, would do such a thing.
Is Reporting The Right Decision?
Yes, but for each victim it is a personal decision that involves weighing many factors.
On the ISU campus if a victim does not want to report to the police or Public Safety, he/she can report confidentially to Project HOPE advocates. Either way he/she will receive assistance for emotional and/or academic concerns that may arise.
It is important to remember that no one has a right to have sex with another person without their full consent. In addition, if you decide to report, it should be done as soon as possible because evidenc may be lost making investigation and prosecution more difficult.
Rape is an act of penile/vaginal intercourse committed without the consent of the victim. Sexual penetration, however slight, completes the act of rape.
Sexual battery is the touching of an intimate part of another person without the other's consent for the purpose of sexual arousal.
Sexual Assault includes rape, sexual battery, non-consensual sodomy, non-consensual penetration by a foreign object, or even a finger.
Consent means agreeing to an action freely, voluntarily and with knowledge of the nature of the act. Having sex with a person under the age of 18 is illegal and may lead to serious legal consequences.
Remember, Anything but a sober (over 18) "yes" is a no!
If You Commit Sexual Assault
The process that you would likely fac if you commit a sexual assault is described below.
The University Process:
- Interviewed by Public Safety and the Dean of Student Affairs
- Called To a Judicial Hearing
- Suspension or Expulsion
- Interviewed by Police
- Arrested and handcuffed
- Arraigned and charged in court
- Required to register permanently as a sex offender
If Someone You Know Is Affected By Sexual Assault
They are not at fault! Avoid blaming the survivor.
Offer support, and let them know that no one deserves to be assaulted.
Listen to what they say without judgment and let them know help is available. This is the best support you can give.
Be self-aware. Know when you or someone else is starting to cross the line.
Support women in being assertive and honest; not passive and coy.
99% of rape suspects are males, but man can also be victims of sexual assault. As a result, reporting is an option for men.
Members of same sex relationships can also be victims of sexual assault.
How To Report Sexual Assault, Dating/Domestic Violence
|Project HOPE Crisis Line||282-4673|
|ISU Public Safety||282-2515|
|ISU Student Affairs||282-2794|
|ISU Counseling & Testing||282-2130|
|ISU Student Health||282-2330|
|Pocatello Police Department||234-6100|
|Bannock County Sheriff||236-7114|
|Family Services Alliance||251-4357|
You may request that your report be kept confidential by report to Project HOPE. Your name cannot be given to a police agency without your approval, by law.
If you are a victim, a witness, or know of someone who has been sexually assaulted, you may make an anonymous report on the Public Safety website at www.isu.edu/pubsafe under Safety & Security, using the Silent Witness form.