Frequently Asked Questions about Sexual Assault
UCWC's Reclaim 24hr SEXUAL VIOLENCE HELP LINE: 513.218.9531
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What is sexual assault?
Sexual assault includes sexual conduct or contact, as well as other activity of a sexual nature, without the consent of the other person or when knowing the other person is unable to consent because of age, or impaired mental or physical condition (e.g. impairment due to drugs or alcohol). Sexual assault can range from voyeurism and public indecency to rape. All forms of sexual assault deserve to be taken seriously.
In Ohio, major types of sexual assault include:
- Sexual Imposition: Unwanted touching of a person's erogenous zones for the purpose of sexual gratification.
- Gross Sexual Imposition: Unwanted touching when force or threat of force is used or when the victim is unable to give consent.
- Rape: Oral, anal or vaginal intercourse with an unwilling victim through force or threat of force or when the victim is unable to give consent. Rape includes attempted rape and rape with an object.
NOTE: Consent is a major issue in defining what constitutes sexual assault, particularly when two people know each other. Consent is:
- Both you and your partner are fully conscious and unimpaired by alcohol or other substances.
- Both you and your partner are free to act and understand there will not be negative consequences for saying no.
- Both you and your partner have positively and clearly communicated your intent.
- Both you and your partner are positive and sincere in your desires.
Physical resistance is not necessary in order to prove non-consent. Legally, intoxication is not a defense against sexual assault. If a person has been drinking to the point where one's ability to consent is impaired, then non-consent is assumed.
LEGAL DEFINITIONS & CATEGORIES
(based on Ohio Revised Code 2907.01-2907.09)
Sexual Assault: an umbrella term covering a wide range of actions taken against a person without the person’s consent, against the person’s will, or under force, threat of force, or coercion. Legally, consent cannot be given while intoxicated or medicated since these states inhibit an aware state of mind.
Sexual Conduct: vaginal intercourse between a male and female, anal intercourse, or oral sexual activity between persons regardless of gender. Penetration with any body part or object, however slight, is sufficient to complete vaginal or anal intercourse.
Sexual Contact: Any touching of an erogenous zone of another, including the thigh, genitals, buttocks, anal zones, pubic region, areas particularly sensitive to sexual stimulation, or, if such person is female, breast(s), for the purpose of sexually arousing or gratifying either person.
Rape: Vaginal, oral or anal penetration that committed against a person’s will and without consent. Rape can be committed by force, threat of force or the purpose of preventing resistance, offender substantially impairs victim’s judgment or control by giving any drug/intoxicant secretly or by force, threat of force or by deception. Victim need not prove physical resistance.
Gross Sexual Imposition: Having sexual contact with another, by force or threat of force; or the offender substantially impairs the other person’s judgment or control using drugs or intoxicant secretly or by force, threat of force or deception.
Voyeurism: Trespassing or secretly invading privacy of another; to spy or eavesdrop upon another with the purpose of sexually arousing or gratifying one’s self.
Public Indecency: Recklessly exposing one’s private parts, or masturbating; engaging in conduct appearing to an ordinary observer to be sexual conduct or masturbation.
Sexual Other: Minor incidents of a sexual nature which may or may not involve physical contact. (Example: offensive sexual words or comments, bumping, gestures, etc.)
What can I do if I or someone I know was sexually assaulted?
If someone you know shares that they have been sexually assaulted, listen and believe the person. The first step is knowing one's options so that he/she can make the best decision for him/herself.
- Call UCWC's Reclaim Help Line 24/7: 513.218.9531. A trained advocate will be able to inform you of your options, provide crisis intervention and support.
- Seek medical attention. To treat possibly transmitted STIs, prevent pregnancy, and collect evidence, it is important to seek medical treatment within 72 hours of the incident. Where can you go?
- University Hospital has a Sexual Assault Nurse Examiner Program (SANE), through which nurses are specially trained to support survivors in treatment. They are on-call 24 hours a day. Questions? Call 584-8108.
- Call the Police.
- UC Police: 556-1111
- Cincinnati Police: 765-1212
What will happen if I call the police or go to the hospital?
If the assault took place on campus, then UC police will respond; otherwise, it falls under the jurisdiction of the Cincinnati Police. When they arrive, they will first assess your medical needs to determine if you need to go to the hospital immediately. Then, the officer will begin to interview you about what happened. Even though this is often difficult, it is necessary if a police report is to be completed. It is very important to note that making a report does not mean that you've decided to press charges and prosecute. That can be decided later. Making a report is simply officially documenting what happened.
If you go the hospital, you will be provided a private space while the SANE nurse prepares to see you. Going to the hospital is not easy and you can take someone along with you. When you arrive, you will also be asked if you would like a victim's advocate to accompany you and support you through the exam. This is your choice. The SANE nurse is specifically trained in collecting evidence and supporting you through the process. Following the exam, you will be offered medications to prevent the contraction of possible STIs as well as medication to prevent pregnancy, if you so decide. If you've decided to have an advocate accompany you, she will then provide you with referral information as well as literature on recovery and healing. As a victim of a violent crime, the exam will be paid for by the Ohio Attorney General. Making a police report is not required to receive this free exam. The hospital will keep the exam and the evidence for thirty days to give you time to decide if you'd like to report the crime to police.
What if I don't want to file a criminal report?
This information is meant to help you or a friend make the best choice available. In the event that filing a police report is not an option, there are many others to choose from to help yourself or a friend in need.
- UCWC's Reclaim 24-hour Help Line: 218-9531
- UCWC's Sexual Assault Response Coordinator: 556-0173 or Amy.Howton@uc.edu
- Counseling Center: 556-0648
- Call the 24 hour hotlines in the community
- YWCA Protect Hotline 872-9259; Women Helping Women: 381-5610
Report the incident to University Judicial Affairs. If the perpetrator is a UC student, reporting the incident to Judicial Affairs allows the university to hold the student accountable for his/her actions. Sanctions could include a written reprimand, probation, suspension, dismissal, referral for psychological evaluation, or other disciplinary reprimands (transfer or restrictions from residence halls). This process can exist independently of a criminal investigation; in other words, you can decide to only proceed with the UC disciplinary process.
What is sexual harassment?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- Submission to such conduct determines one's employment or academic success; or
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or
- Such conduct has the purpose or effect of interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or studying environment.
What should I do if I'm being sexually harassed?
For confidential support and information on how to make a report, contact either
The Office of the University Ombuds, 600 Swift Hall, 556-5956
UC Women's Center Reclaim Office at 565 Steger Student Life Center, 556-0173 or 24/7 at 218-9531
To make a report and initiate an investigation, contact the following:
If a student is harassing you, the Office of University Judicial Affairs in 745 Steger Student Life Center, 556-6814
If a staff is harassing you, the Office of Equal Opportunity, 250 University Hall, 556-5503
If a faculty is harassing you, the Office of Senior Vice President and Provost, 210 VanWormer, 556-2588.
STALKING
What is stalking?
Stalking is legally defined as an act that occurs when a person engages in a pattern of conduct that causes you to believe that the offender will cause physical harm or mental distress to you. This means that on at least two occasions (thus constituting "pattern of conduct") a person follows you, places you under surveillance or threatens your immediate or future bodily harm, sexual assault, or confinement or restraint.
What should I do if I'm being stalked?
- Document the situation. Record each event, including the date, time, place, what occurred, witnesses and how you felt. Keep notes in a safe place.
- Take safety measures.
- Keep your phone number and email address AND consider getting a new one to use.
- Vary your daily routine so that it would be more difficult for you to be followed.
- Ask for someone to escort you to your car. Alert campus security of your situation. Let others know not to give out your personal information.
- Consider taking a self-defense course.
- Do not contact or try to reason with the stalker; they won't get it.
- Do not return gifts or letters; keep them for evidence.
- Contact support services.
- UCWC Reclaim 24-hour Help Line: 218-9531
- UC Legal Aid Clinic: 241-9400
- Women Helping Women: 381-5610
- YWCA Protect Hotline: 872-9259
- Talbert House Victim Services: 241-4484
- Counseling Center: 556-0648
- Call the police.
- UC Police: 556-1111
- Cincinnati Police: 765-1212
Drugs & Rape
SURVIVOR'S RIGHTS: The "Campus Sexual Assault Victims' Bill of Rights" exists as a part of the campus security reporting requirments of the federal law that establishes all student aid programs, the Higher Education Act of 1965.
- Accuser and accused must have the same opportunity to have others present during the university disciplinary hearing.
- Both parties shall be informed of the outcome of any disciplinary proceeding.
- Survivors shall be informed of their options to notify law enforcement.
- Survivors shall be notified of counseling services.
- Survivors shall be notified of options for changing academic and living situations.
- Survivors have the right to be informed, respected and supported throughout their healing process.
UCWC's Reclaim 24hr SEXUAL VIOLENCE HELP LINE: 218-9531