Sexual Assault

Active consent - is when each person involved in sexual contact not only agrees to the sexual activity but also agrees freely and knowingly. A person who has been threatened or coerced, whose judgment is substantially impaired by drugs or alcohol or by physical or mental impairment even if temporary, or who is unconscious or asleep, cannot give consent to sexual contact. A person under the age of 17 years is deemed incapable of giving consent.

Forcible Touching - refers to the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person or for the purpose of gratifying the actor’s sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period up to one year.

Criminal Sexual Act - refers to a series of offenses that includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes oral or anal sexual conduct with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Rape - refers to a series of offenses that includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further include sexual intercourse with a person under the age of consent. The penalties for violations of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Sexual Misconduct - is an offense that includes sexual intercourse without consent and deviate sexual intercourse without consent. The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.

Sexual Abuse - series of offenses that includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.

Aggravated Sexual Abuse - refers to a series of offenses that occurs when a person inserts a finger or a foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.

Sexual Harassment - is any form of non-consensual sexual intimacy or unwanted physical contact and/or sexually explicit derogatory statements which are offensive or which cause the recipient discomfort or humiliation or which interfere with the recipient's work, academic performance or living conditions. It can include: leering at a person's body; unnecessary touching, patting, pinching, or constant brushing against a person's body; subtle pressure for sexual favors; demanding sexual favors or physical assault; and unwarranted verbal or sexually explicit statements directed to an individual. (See Appendix B).

The University at Albany is committed to providing a safe and secure environment in which all of its members are treated with dignity and respect. To that end, the University takes the strongest possible stance against sexual assault in all its forms.

The University is actively engaged in educating its members about these vital issues and in providing timely support and assistance to victims of sexual assault. Should a sexual assault occur, it is imperative that victims be fully supported in their efforts to heal and respond as they determine is in their own best interests. To this end the University will safeguard the victim’s confidentiality, respect the victim’s privacy and support the victim’s right to make choices about resources and options in the University’s “Coordinated Response to the Sexual Assault of Students.” All members and representatives of the University at Albany community, including campus officers, administrators, faculty, professional staff, employees, and students are expected to recognize and abide by the following principles regarding victims of campus-related sexual assaults:

HUMAN DIGNITY

Victims shall:

• Be treated with fairness and respect for their dignity
• Have their privacy honored
• Be free from any suggestions that they must report sexual assaults to be assured recognition of any other identified principles or rights
• Have their allegations of sexual assault treated seriously
• Be free from any suggestion that they are responsible for the sexual assaults committed against them
• Be free from unwanted pressure from campus personnel to:
• Report sexual assaults if they do not wish to do so;
• Report sexual assaults as less serious offenses;
• Refrain from reporting sexual assaults for any reason, including the fear of unwanted personal publicity

CONFLICT RESOLUTION & CIVIC RESPONSIBILITY PROCEEDINGS

Victims have the right:

• To advance notice about a disciplinary hearing involving the person or persons accused of sexually assaulting them;
• To have a person of their choice accompany them throughout the disciplinary hearing;
• To remain present during the entire proceeding;
• To be heard at the proceeding;
• To be assured that their irrelevant past sexual history will not be discussed during the hearing;
• To make a “victim impact statement” if the accused is found in violation of the code;
• To be informed in a timely fashion of the outcome of the hearing

LAW ENFORCEMENT AND CAMPUS INTERVENTION

• Allegations of sexual assault should be investigated and evaluated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported;
• Victims shall receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities;
• Victims shall receive full, prompt, and victim-sensitive cooperation of campus personnel with regard to obtaining, securing and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault;
• Campus personnel shall take reasonable and necessary actions to prevent further unwanted contact by victims’ alleged assailants;
• Victims shall be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available.

STATUTORY MANDATES

Nothing in this Statement of Principles and Rights shall be construed to preclude or in any way restrict the University at Albany from carrying out its duties under law to report suspected offenses to the appropriate law enforcement authorities. Except as required by law, the University will take care not to identify the victim.

Nothing in this Statement of Principles and Rights shall be construed to preclude or in any way restrict the University at Albany from issuing a Community Notice when the University is aware of a reported sexual assault incident that potentially puts the campus community at risk. The University will take care not to identify the victim in such notices.

The above is adapted from: Rutgers (c 2006), Princeton (c 2006) & Ball State Universities’ Rights Statements

90% of sexual assault victims are female; and 10% are male.¹

1 in 6 women experienced attempted or completed rape during their lifetime.²

1 in 33 men will be sexually assaulted in their lifetime.²

Persons with disabilities are 1.5 to 5 times more likely to become victims of sexual abuse and assault.³

College women are more vulnerable to sexual assault during the first few weeks of their freshman year.⁴

90% of college women who are raped or sexually assaulted know their assailant.⁴

College men who are raped are usually raped by other men. However, since so few men report, information is limited about the extent of the problem.⁵

90% of all campus assaults involve the use of alcohol.⁶

Fewer than 5 % of college women who experience rape or attempted rape report it to police. However, about two-thirds of survivors tell someone, often a friend.⁴

Sources:

¹ Benson, D., Charton, C., and Goodhart, F., (1992). “Acquaintance Rape on Campus: A Literature Review.” Journal of American College Health, 40: 157-165.

² National Institute of Justice and Centers for Disease Control and Prevention. (1998). Prevalence, Incidence and Consequences of Violence Against Women Survey.

³ Sobsey, D. (1992). The National Center on Child Sexual Abuse, The National Center on Child Abuse and Neglect.

⁴ Fisher, S., Cullen, F., Turner, M., (2000). The Sexual Victimization of College Women. Washington, D.C.: U.S. Department of Justice.

⁵ Abbey, A. (1991). “Acquaintance Rape and Alcohol Consumption on College Campuses; How Are They Linked?” College Health 39: 165-169.

⁶ U.S. Department of Justice, Violence by Intimates: Analysis of Data on Crimes Committed by Current and Former Spouses, Boyfriends & Girlfriends. Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics, 1997.

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The “Campus Security Act” of 1990 (Clery Act), requires all college campuses to publish information about available sexual assault programs and services. “Clery” also requires campuses to outline policies about responding to sexual assault, as well as requiring that certain crime statistics are compiled and made available to all students, faculty, and staff on a yearly basis. UAlbany Security Report http://police.albany.edu/ASR.pdf

There is no set of reactions exhibited by all individuals who have been sexually assaulted. Individuals may feel a range of emotions which vary with time and intensity. The following is not intended to be an exhaustive list, but rather notes the range of reactions and the impact of sexual assault on psychological wellbeing.