Drugs & Rape
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:
NOTE: Consent is a major issue in defining what constitutes sexual assault, particularly when two people know each other.
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.
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.
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.
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 Sexual Assault Nurse Examiner (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.
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.
You can either ask an advocate to accompany you to make a report with Daniel Cummins, Director of Judicial Affairs at UC, or go alone or with someone else. At this meeting, you will be informed of the nature of the UC Disciplinary Process, what to expect, and your available options. If you decide at this point to make an official report and proceed, you will be asked to write a detailed account of the incident. Later, this written account will be shared with the alleged perpetrator in determining his/her responsibility.
The purpose of the Procedural Review is to review the alleged violations, provide an explanation of the disciplinary process, discuss the student's options, and advise the student of the review administrator's recommended sanctions for the alleged violations. The accused may elect to have an adviser present who may counsel but not actively participate as a spokesperson or vocal advocate in the proceeding. The accused student is required to notify the review administrator 24 hours prior to the Procedural Review if the adviser is an attorney.
Following the Procedural Review, the accused will have the following three options: i.Admit responsibility to the violations and agree to accept the sanctions imposed by the review administrator; or ii. Admit responsibilyt but dispute the proposed sanction and request that the sanction be determined by an Administrative Review Committee (ARC); or iii. Deny responsibility and request a hearing befpre an ARC. If the accused student fails to notify the review administrator of the option selected within three days of the Procedural Review, an ARC Hearing will be scheduled.
Note: The Office of University Judicial Affairs (OUJA) encourages students charged in the same incident and who choose to have an ARC Hearing to have their cases consolidated. The OUJA reserves the right to require consolidation of hearings.
Administrative Review Committee (ARC) members
The Administrative Review Committee shall consist of: the hearing chair, who shall be the director of the OUJA or the director's designee; two faculty or staff selected from the ARC pool; and four undergraduate student representatives selected fromt he ARC studen pool for undergraduate cases or two graduate students selected from the ARC graduate pool for graduate cases.
Policy on Amnesty
The University community encourages the reporting of conduct code violations and crimes by victims, especially sexual misconduct. Sometimes, victims are hesitant to report such conduct to university officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report code violations to university officials. To encourage reporting, the university of Cincinnati does not charge victims with non-violent violations, such as unauthorized use of alcoholic beverages or Drugs or Narcotics, related to the incident. The university may impose educational responses rather than sanctions, in such cases, at the discretion of the Department of Student Life.
If you wish to officially file a complaint with Judicial Affairs, visit the Office of University Judicial Affairs' Incident Reporting Procedure page.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
For confidential support and information on how to make a report, contact either
To make a report and initiate an investigation, contact the following:
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.
Document the situation.
Take safety measures.
Contact support services.
Call the police.
Alcohol: alcohol is present is 80-85% of reported rapes. Drinking too much in no way makes being raped or assaulted your fault! Legally, if you were intoxicated or passed out as a result of over-drinking or drugs, it was impossible to give consent.
Rohypnol: Street names include Ruffies, Roaches, Rope, Mind-Erasers, Lunch Money and Mexican Valium. This drug is in the same family as Valium, although it is described as being 10 times stronger than Valium. It is illegal in the U.S. but is used in 80 other countries to treat people with severe and debilitating sleep disorders. It is also used as a pre-anesthetic before surgery. It is odorless, tasteless and colorless and dissolves rapidly in alcoholic and nonalcoholic drinks. Physical effects are noticeable 20-30 minutes following ingestion, and their overall effects can last from six hours to 20 hours, depending on the dose that was taken. Symptoms include:
The effects of the drug vary, however, depending on the dose ingested, whether it is taken with alcohol, weight, metabolism, and how soon medical care is received.
GHB: The chemical name for GHB is gamma hydroxybutrate and is also known as Liquid G, Georgia Home Boy, Gamma 10, Energy Drink, Liquid Ectasy, and G-Juice. It acts as a depressant on the central nervous system and is marketed in liquid, pill or powder form. It can be slipped into a drink. A person can feel the effects within 15 minutes of ingestion. The effects include those very similar to Rohypnol symptoms, such as confusion, intense drowsiness, and unconsciousness. Mixed with alcohol, GHB can cause the central nervous system to shut down, lead to loss of consciousness and possibly result in coma or death.
Ketamine HCL: The street name is Special K. General anesthetic used in veterinary medicine. It is a clear liquid or white powder and causes hallucinations, paralysis, and respiratory depression. Most labs are unable to test for this drug because it is metabolized completely within 2 hours.
(As recommended by DC Rape Crisis Center)
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.
UCWC's Reclaim 24 hour Sexual Violence Help Line: call 513-218-9531
Comprehensive resource guide for survivors of sexual assault. Developed by the Office of University Judicial Affairs with support from the Women's Center. Click on link below to view and download the Resource Guide.
UC Sexual Assault Survivors' Resource Guide