Sexual Assault

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Sexual assault is defined as any type of unwanted sexual contact, behavior, or penetration that occurs without explicit, freely given. 

Consent must be voluntary, conscious, and given freely. It can be withdrawn at any time.

Consent is invalid if a person is intoxicated, unconscious, underage, mentally disabled, or threatened/coerced.

It encompasses a wide range of non-consensual acts, from unwanted sexual touching (groping or fondling) and forced kissing to attempted rape, sodomy, and penetration with an object or body part.

• Get to a safe place: Move to a location away from the perpetrator. Call 911 if you are in immediate danger. 
• Preserve evidence: If the assault occurred recently (usually within 5 to 7 days), try to  avoid bathing, showering, washing, eating, drinking, or changing clothes  if possible, to help preserve forensic evidence. 
• Contact an advocate: Local rape crisis centers or victim advocates can provide confidential  guidance, answer questions, and accompany you to a hospital or police  station.
•  Go to a medical facility: Visit a hospital emergency room. Inform the medical staff that you have  been assaulted. They can treat injuries and conduct a sexual assault  forensic exam (sometimes called a SANE or rape kit exam). Requesting a  medical exam or forensic evidence collection does not automatically mean  you have to file a police report. 

• Myth: Victims provoke sexual assaults when they dress provocatively or act in a promiscuous manner.
  
  Fact: Rape and sexual assault are crimes of violence  and control that stem from a person’s determination to exercise power  over another. Neither provocative dress nor promiscuous behaviors are  invitations for unwanted sexual activity. Forcing someone to engage in  non-consensual sexual activity is sexual assault, regardless of the way  that person dresses or acts.
   
• Myth: If a person goes to someone’s room or house  or goes to a bar, s/he assumes the risk of sexual assault. If something  happens later, s/he can’t claim that s/he was raped or sexually  assaulted because s/he should have known not to go to those places.
  
  Fact: This “assumption of risk” wrongfully places the  responsibility of the offender’s action with the victim. Even if a  person went voluntarily to someone’s home or room and consented to  engage in some sexual activity, it does not serve as blanket consent for all sexual  activity. When in doubt if the person is comfortable with an elevated  level of sexual activity, stop and ask. When someone says “no” or  “stop,” that means “STOP!” Sexual activity forced upon another without  valid consent is sexual assault.
   
• Myth: It is not sexual assault if it happens after drinking or taking drugs.
  
  Fact: Being under the influence of alcohol or drugs is  not an invitation for sexual activity. A person under the influence  does not cause others to assault her/him; others choose to take  advantage of the situation and sexually assault her/him because s/he is  in a vulnerable position. A person who is incapacitated due to the influence of alcohol or drugs is not able to consent to sexual activity.
   
• Myth: Most sexual assaults are committed by strangers. It’s not rape if the people involved know each other.
  
  Fact: Most sexual assaults and rape are committed by  someone the victim knows. A study of sexual victimization of college  women showed that about 90% of victims knew the person who sexually  victimized them. Most often, a boyfriend, ex-boyfriend, classmate,  friend, acquaintance or co-worker sexually victimized the person. It is  important to remember that sexual assault can occur in both heterosexual  and same-gender relationships.
   
• Myth: Rape can be avoided if women avoid dark alleys or other “dangerous” places where strangers might be hiding or lurking.
  
  Fact: Rape and sexual assault can occur at any time, in many places, to anyone.
   
• Myth: A person who has really been sexually assaulted will be hysterical.
  
  Fact: Victims of sexual violence exhibit a spectrum of  responses to the assault which can include: calm, hysteria, withdrawal,  anxiety, anger, apathy, denial and shock. Being sexually assaulted is a  very traumatic experience. Reaction to the assault and the length of  time needed to process through the experience vary with each person.  There is no “right way” to react to being sexually assaulted.  Assumptions about the way a victim “should act” may be detrimental to  the victim because each victim copes in different ways.
   
• Myth: All sexual assault victims will report the  crime immediately to the police. If they do not report it or delay in  reporting it, then they must have changed their minds after it happened,  wanted revenge or didn’t want to look like they were sexually active.
  
  Fact: There are many reasons why a sexual assault  victim may not report the assault to the police or campus officials. It  is not easy to talk about being sexually assaulted and can feel very  shameful. The experience of retelling what happened may cause the person  to relive the trauma. Another reason for delaying a report or not  making a report is the fear of retaliation by the offender. There is  also the fear of being blamed, not being believed and being required to  go through judicial proceedings. Just because a person does not report  the sexual assault does not mean it did not happen.
   
• Myth: Only young, pretty women are assaulted.
  
  Fact: The belief that only young, pretty women are  sexually assaulted stems from the myth that sexual assault is based on  sex and physical attraction. Sexual assault is a crime of power and  control. Offenders often choose people whom they perceive as most  vulnerable to attack or over whom they believe they can assert power.  Men and boys are also sexually assaulted, as well as persons with  disabilities. Assumptions about the “typical” victim might lead others  not to report the assault because they do not fit the stereotypical  victim.
   
• Myth: It’s only rape if the victim puts up a fight and resists.
  
  Fact: Many states do not require the victim to resist  in order to charge the offender with rape or sexual assault. Those who  do not resist may feel if they do so, they will anger their attacker,  resulting in more severe injury. Many assault experts say that victims  should trust their instincts and intuition and do what they believe will  most likely keep them alive. Not fighting or resisting an attack does  not equal consent.
   
• Myth: Someone can only be sexually assaulted if a weapon was involved.
  
  Fact: In many cases of sexual assault, a weapon is not  involved. The offender often uses physical strength, physical violence,  intimidation, threats or a combination of these tactics to overpower  the victim. Although the presence of a weapon while committing the  assault may result in a higher penalty or criminal charge, the absence  of a weapon does not mean that the offender cannot be held criminally  responsible for a sexual assault.

  What service do Rape Crisis Centers provide to survivors of sexual assault?

Each RCC is unique in the range of services it provides to both survivors and the community. Professionals employed by the RCC provide these services. Volunteers are also essential to RCC services. Both RCC employees and volunteers are required to undergo a 40-hour training during which they learn about societal, legal, and cultural aspects of rape.

Typically they provide:

24-hour, 7-day-a-week crisis hotlines. Rape survivors can call and receive crisis intervention counseling free of charge. 

Counseling services, either short-term or long-term may be provided by RCCs to rape survivors.

Legal advocates may educate survivors about the legal process, assist them with getting protective orders against their assailant, and accompany survivors to meetings or court dates. 

Medical advocates may educate survivors about forensic medical options and accompany survivors to the hospital to have a sexual assault evidentiary examination. 

 RAINN

As the nation’s largest anti-sexual violence organization and operator of the National Sexual Assault Hotline, RAINN’s mission is to stop sexual violence by supporting survivors, holding perpetrators accountable, and creating safer communities.

When you contact RAINN’s National Sexual Assault Hotline, you’ll find:

• Confidential support from a trained support specialist
• Resources for helping you heal and recover
• Referrals for long-term support resources in your area
• Information about the laws in your state

You can contact their hotline by calling 800-656-HOPE (4673) or texting HOPE to 64673.

 The process of collecting the rape kit can take between 2.5 and 5 hours to complete. While the exam is happening, the victim can ask questions or ask to stop the examination.

Sexual Assault Forensic Examiners (SAFE) are medical providers who have received special training to conduct sexual assault evidentiary exams for rape survivors. Not all, but many SAFE programs are coordinated by RCCs rather than hospitals. SAFEs are on call 24-hours a day and will arrive at the hospital emergency room within an hour of the rape survivor's arrival. In addition to the collection of forensic evidence, they also provide crisis intervention counseling, STI testing, drug testing if drug-facilitated rape is suspected, and emergency contraception.

Before the exam, the victim should avoid using the restroom, combing their hair, bathing, changing their clothes, or cleaning up the scene of the assault. Most evidence needs to be collected within 72 hours to be viable. If the victim has changed their clothing, they should bring the clothing they had on when attacked to the exam. 

The examination begins with the victim disrobing while standing on a large sheet of paper to collect any trace evidence that may fall from the victim's body or clothes. The victim's clothing is carefully examined for trace evidence before each garment is individually packaged to protect against cross-contamination.

Examiners then collect biological samples of bodily fluids by swabbing the victim's genitals, rectum, mouth, and body surfaces. Examiners also collect fingernail scrapings and pluck head and pubic hairs. If the facility has the means, and the victim consents, the examiner will also take photographs of genital injuries using a colposcope.

In addition to facilitating the collection of biological samples and injuries, the kit guides the documentation of the victim's medical history, emotional state, and account of the assault.

It's important to support survivors of sexual assault. Here are some key phrases recommended by sexual assault support lines to use when speaking with survivors.

I Believe You/It Took a Lot of Courage To Tell Me About This

 It can be extremely difficult for survivors to come forward and share  their story. They may feel ashamed, concerned that they won’t be  believed, or worried they’ll be blamed. Leave any “why” questions or  investigations to the experts—your job is to support this person.

It's Not Your Fault/You Didn't Do Anything to Deserve This

 Survivors may blame themselves, especially if they know the perpetrator  personally. Remind the survivor, maybe even more than once, that they  are not to blame. 

You Are Not Alone/I Care About You and I am Here to Listen or Help in Any Way That I Can

 Let the survivor know that you are there for them and willing to listen  to their story if they are comfortable sharing it. Assess if there are  people in their life they feel comfortable going to and remind them that  there are service providers who will be able to support them as they  heal from the experience. 

I'm Sorry This Happened/This Shouldn't Have Happened to You

 Acknowledge that the experience has affected their life. Phrases like  “This must be really tough for you,” and, “I’m so glad you are sharing  this with me,” help to communicate empathy.