Adjudicating Reports of Sexual Violence
Adjudicating Reports of Sexual Violence Malinda Levis, The Haven
[email protected] Violence on
CampusSexual AssaultInterpersonal Violence StalkingWomenHigh rates
of sexual violence, stalking, and intimate partner violence were
reported by women.Nearly 1 in 5 women has been raped at some time
in her life.One in 4 women has been a victim of severe physical
violence by an intimate partner in her lifetime.One in 6 women has
experienced stalking victimization during her lifetime in which she
felt very fearful or believed that she or someone close to her
would be harmed or killed. Much of stalking victimization was
facilitated by technology, such as unwanted phone calls and text
messages.Almost 70 percent of female victims experienced some form
of intimate partner violence for the first time before the age of
25.Approximately 80 percent of female victims of rape were first
raped before age 25.
Sexual Violence on CampusMenAbout 1 in 7 men has experienced
severe physical violence by an intimate partner at some point in
their lifetime.One in 19 men has experienced stalking victimization
at some point during their lifetime in which they felt very fearful
or believed that they or someone close to them would be harmed or
killed.Almost 53 percent of male victims experienced some form of
intimate partner violence for the first time before age of 25.About
1 in 33 men have experienced sexual assault as an adult.
Sexual Violence on CampusSexual Assault Nonconensual sexual
acts/contactConsentSexual activity requires consent, which is
defined as positive, unambiguous, and voluntary agreement to engage
in specific sexual activity throughout a sexual encounter. Consent
cannot be inferred from the absence of a "no". A clear "yes,"
verbal or otherwise, is necessary. Consent to some sexual acts does
not imply consent to others, nor does past consent to a given act
imply present or future consent. Consent must be ongoing throughout
a sexual encounter and can be revoked at any time. Consent cannot
be obtained by threat, coercion, or force. Consent cannot be
obtained from someone who is asleep or otherwise mentally or
physically incapacitated, whether due to alcohol, drugs, or some
other condition. A person is mentally or physically incapacitated
when that person lacks the ability to make or act on decisions to
engage in sexual activity. Consent cannot be obtained from a person
whom you know, or reasonably should know, to be incapacitated.
(Student Conduct Policies and Procedures, 9/19/2014)Consent Is
NotNo means no
Silence
A lack of fighting back
Based on gender or sexual orientation
Consent IsClearVerbal OR an action that could be interpreted
consistentlyAwake and AwareMutualVoluntaryOngoingRevocableThe
responsibility of the person initiating the behavior
Alcohol and ConsentHow much is too much?
VictimMay feel judgedMay feel guiltyMay feel responsibleMay be
embarrassedMay be reluctant to share information if a criminal case
is pending
TraumaSense of trauma is personal.
Past events impact recent events.
Trauma can overwhelm the victim.
Trauma can be experienced by retelling the story.
Immediately afterward there is no time to make sense of what
happened.Delays reportingDelays identifying the incidentMay make
others second guess the incident
Victim BlamingAssigning blame and/or responsibility for the
violence to the person who was harmed
Victim BlamingVictim-blaming attitudes may make it harder to
come forward and report sexual violence.Accused Student or
PerpetratorAn accused student may have responses that are similar
to a person who perpetrated sexual violence even when s/he has not
committed violence. PerpetratorMay not believe what s/he did was
wrongMay not recognize the behavior as sexual assaultMay be
reluctant to share information if a criminal case is pendingMay
feel judgedMay feel guiltyMay feel embarrassed
Why is this important?Dont try to read into someones behavior.
He delayed reporting, so it must not have happened.She acted really
nervous, so she must have done something wrong. Use the FACTS you
have to make your decision.Domestic ViolencePartner violence
Power and Control
Developed by the Haven Project Peer EducatorsMorgan Chase,
Melissa King, Alisia DrewVictim ResponseMost dangerous time is when
the victim tries to leave
Wants the violence to stop
May not participate in hearing
Downplays the violence
Call police for safetyWhy A Victim Denies AbuseS/he doesnt want
to get the abuser in troubleS/he takes responsibility for the
violence S/he may feel isolated from family and friendsS/he
rationalizes the reasons for their abuser's behavior, casting blame
of circumstances such as stress, financial hardship, job stress,
chemical dependency, etc.Between violent episodes, there are
periods of calm during which the abuser is charming, nurturing, and
caringS/he fears retaliation and escalating violenceShe loves the
abuser
Perpetrator Seeking a sense of power and control over the
victim
Threatened by any sense of loss of control; may feel dependent
on the victim
May downplay his/her responsibility feeling the victims behavior
provokes the violence
Often is remorseful for the violence
StalkingCauses fear or distress by repeating acts Reasons for
StalkingReverse or avenge a rejectionFrighten and distress the
victimEstablish a relationshipSpy on the victim to plan an
attackVictimMay minimize the stalking.May cause great distress.May
have been stalked much longer than s/he knows. Victims who are
MenDelays reporting
Fears others will question his masculinity
Men who Assault other MenAct of power and control
Often not seen as sexual assault because it is part of a
ritual
Victims who are Gay or LesbianMay be targeted because of his/her
sexual orientation
Need to come out to seek help, report
May not have legal protection for employment, property
May have concern for the communityVictims who are
TransgenderExperiences a high rate of violence45% of hate related
murders were transgender women
Must come out to report
May not seek medical care
Source: www.GLAAD.org 10/6/14Accused students who are Black
and/or HispanicVictim may not want to report; wont want to get
perpetrator in trouble
Victim and Perpetrator may fear unfair punishment
Victims who are International Students Culture of his/her home
country will impact willingness to report
May fear being in trouble
Victim blaming is a cultural phenomenonVictims with Strong Group
AffiliationMay want to protect the group
GreeksMilitaryAthletics Student Organizations
Sourceshttp://www.womensweb.ca/violence/dv/leave.php
http://www.cdc.gov/
www.myacpa.org/docs/studentconductmanual.pdf
O:HEA/HavenProject/LessonPlansandPowerpoints/XmalindaandAlisia/AdjudicatingReportsofSexualViolence
9-5-1435
