Department of Recreation and Wellness
Sexual Assault Awareness
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Definitions
Legal definitions and categories based on the Ohio Revised Code 2907.01-2907.09.
Risk Reduction
Prevention
The responsibility of preventing sexual assault lies with the person initiating sexual behavior, as that is the person who has the power to stop what he or she is doing. With this in mind, these are things to consider when initiating sexual behavior:
Sexual assault is a crime and violation of both the Code of Student Conduct and BGSU Policy on Violence. As such, being found responsible for a Code of Student Conduct violation involving "sexual contact without permission" can result in a maximum sanction of expulsion from BGSU. Additionally, criminal charges could be brought forward as well as civil litigation within the court system.
Stalking
Are you being stalked?
Stalking is a series of actions that make you feel afraid or in danger. Stalking is serious, often violent, and can escalate over time. A stalker can be someone you know well or not at all. Most have dated or been involved with the people they stalk. Most stalking cases involve men stalking women, but men do stalk men, women do stalk women, and women do stalk men.
Stalking is unpredictable and dangerous. No two stalking situations are alike. There are no guarantees that what works for one person will work for another, yet you can take steps to increase your safety.
Was It Rape If...?
So, how can you figure if what happened was rape?
Reporting Options
Bowling Green State University recognizes the seriousness of sexual offenses and commits itself to preventing such offenses.
Rape, sexual harassment and other sexual offenses can happen anywhere, at any time, to anyone. Based on a study conducted by the National Institute of Justice, it is estimated that a college enrolling 10,000 female students could experience more than 350 rapes per year (U.S. Department of Justice, December 2000). It is also estimated that one in 12 men is the victim of rape or sexual assault.
These are alarming statistics. BGSU does not tolerate sexual offenses. The University is prepared to handle situations of sexual assault whether they occur on campus or off campus. BGSU offers a variety of programs and services that focus on education, prevention and response to sexual offenses. Survivors of sexual offenses can experience high levels of physical and psychological distress. Negative consequences of sexual assault are wide ranging and may include:
>> Sexually transmitted infections
>> Unwanted pregnancy
>> Adoption of negative health practices
(such as the misuse of alcohol or drugs, eating disorders, and smoking)
>> Difficulty sleeping
>> Symptoms of depression and anxiety
>> Post-traumatic stress disorder or other psychological disorders
>> Difficulty concentrating on academic work
>> Low self-esteem
>> Problems with future intimacy or sexual functioning
In addition, there may be disruption of employment and expenditure of massive financial resources and time as a result of pursuing medical, social, psychological or legal services. Especially in cases of non-stranger rape, survivors may blame themselves. Many sexual offenses go unreported, which can result in survivors failing to obtain necessary medical, social, psychological and legal assistance.
Sexual Assault
This is not a legal definition or category. It is an umbrella term covering the classifications above and 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. Sexual activity occurring when someone is medicated, asleep, passed out, or drunk can also be illegal. In these situations a person cannot truly consent since she or he is not in a coherent 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.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.)Rape
Engaging in sexual conduct by force or threat of force; or for 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 deception. Victim need not prove physical resistance.Sexual Assault Information
This is not a legal definition or category. There are occasions when a third party will share information regarding an alleged incident which may have occurred on campus. Many times the person sharing the information provides little or no detail regarding the victim, suspect, time, place or what actually happened. If the BGSU Police Department is made aware of this third party information and it is determined that a sexual assault may have occurred on university property or public property within or immediately adjacent to campus, this information will be recorded as “sexual assault information” for the benefit of our students and the campus community.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 intoxicants secretly or by force, threat of force or deception.Public Indecency
Recklessly exposing one's private parts, or masturbating; engaging in conduct appearing to an ordinary observer to be sexual conduct or masturbation.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.Bowling Green State University recognizes the need for healthy and successful relationships. Prevention of sexual assault starts with those who are committing the offenses and then is supplemented by the use of methods to reduce the risk of an assault. All students can play a role in combating sexual assault by holding perpetrators accountable, supporting the rights and choices of those who have been assaulted and making full use of campus resources to educate themselves on this serious, yet preventable problem.
Although the responsibility of prevention truly lies with those who are initiating sexual acts, there are things that individuals can know and do that can help reduce the risk of sexual assault. These are not guarantees of safety, but personal rights and best practices for a safer environment at BGSU:
You have the right to your own values, attitudes and beliefs about sexual behavior and relationships in general. Therefore you have the right to determine the type of interactions and activities you feel comfortable with and to end those activities at any time.
While there is no perfect profile of someone who will be sexually violent, there are some warning signs. These include:
>> Domineering, overly controlling actions
>> A tendency to disregard your feelings and desires
>> The expression of hostility or dominance toward potential partners
>> The belief that certain actions entitle one to sex
>> Intrusion into your personal space
>> Touching you in a way that makes you feel uncomfortable
No one is ever entitled to sex. You are not obligated to perform sexual acts as payment, as a favor, or in order to be a "real man" or a "good woman."
You have the right to deny alcohol at any time. Alcohol not only impairs your judgment; many recognize alcohol as a frequently used and highly effective rape facilitating drug.
You have the right to say no at any time for any reason. When you feel that your personal rights are being threatened, you have every right to take a stand and let the offending party know that what she/he is doing is unwelcome.
Going to larger parties with people you trust may help to avoid dangerous situations. Inviting another couple to go with you is another great way of ensuring that there will be others around in case of an emergency.
Having your own transportation gives you a degree of power to leave a situation, if you see the need to.
Instead of walking alone, walk with friends or use the Campus Escort Service.
While using social media such as Facebook or Twitter, be mindful of the type of information you provide, including your address or phone number, and whether you are at home or away.
Because sexual assault is a crime of power and control, the most important thing to consider when engaging in sexual behavior is the CONSENT of the other person involved. Only a person's consent gives one the right to engage in sexual contact. Therefore, consent must be many things, including:
>> Verbal and clear: Consent cannot be implied through seemingly "mixed" messages. One's sexual partner must be given every opportunity to communicate his/her wishes and limits on the degree of behavior that is initiated. No means no, and when in doubt, ask first.
>> Sober and unimpaired: Consent can only be given by a person who has full control of his or her mental capacities. A person who is substantially impaired is not legally in a position to give consent.
>> Consistent and prompt: Even if someone has agreed to be sexually involved with someone, that person has the right to withdraw consent at any time, even during behavior that might already be interpreted as sexual. Consent is not implied by the fact that dinner was bought for someone, or that the parties were sexually involved in the past or even if someone was perceived by the perpetrator as "willing."
>> Unforced and non-threatened: Use of force, threats, intimidation, or coercion is a willful denial of a person's right to freely give his/her consent.
The well-being of the other person is of the utmost importance during any sexual encounter. Be aware of what your partner is saying or not saying during an encounter. When in doubt about proceeding to the next level of intimacy, ask. Checking in with your partner about what you are doing is a way of sharing the power and control of the situation that was initiated by you with them. This keeps the interaction an equal and safe situation for both parties.
>> Repeatedly call you, including hang-ups.
>> Follow you and show up wherever you are.
>> Send unwanted gifts, letters, cards, or e-mails.
>> Damage your home, car, or other property.
>> Monitor your phone calls or computer use.
>> Use technology, like hidden cameras or global positioning systems (GPS), to track where you go.
>> Drive by or hang out at your home, school, or work.
>> Threaten to hurt you, your family, friends, or pets.
>> Find out about you by using public records or on-line search services, hiring investigators, going through your garbage, or contacting friends, family, neighbors, or co-workers.
>> Other actions that control, track, or frighten you.
Things you can do:
>> If you are in immediate danger, call 911.
>> Trust your instincts. Don't downplay the danger. If you feel you are unsafe, you probably are.
>> Take threats seriously. Danger generally is higher when the stalker talks about suicide or murder, or when a victim tries to leave or end the relationship.
>> Contact a crisis hotline, victim services agency, or a domestic violence or rape crisis program. They can help you devise a safety plan, give you information about local laws, refer you to other services, and weigh options such as seeking a protection order.
>> Develop a safety plan, including things like changing your routine, arranging a place to stay, and having a friend or relative go places with you. Also, decide in advance what to do if the stalker shows up at your home, work, school, or somewhere else. Tell people how they can help you. Don't communicate with the stalker or respond to attempts to contact you.
>> Keep evidence of the stalking. When the stalker follows you or contacts you, write down the time, date, and place. Keep e-mails, phone messages, letters, or notes. Photograph anything of yours the stalker damages and any injuries the stalker causes. Ask witnesses to write down what they saw.
>> Contact the police. Every state has stalking laws. The stalker may also have broken other laws by doing things like assaulting you or stealing or destroying your property.
>> Consider getting a court order that tells the stalker to stay away from you.
>> Tell family, friends, roommates, and co-workers about the stalking and seek their support. Tell security staff at your job or school. Ask them to help watch out for your safety.
There are a few questions to consider. There are three main considerations in judging whether or not a sexual act is consensual (which means that both people are old enough to consent, have the capacity to consent, and agreed to the sexual contact) or is a crime.
Consideration #1Are the participants old enough to consent? Each state sets an "age of consent," which is the minimum age someone must be to have sex. People below this age are considered children and cannot legally agree to have sex. In other words, even if the child or teenager says yes, the law says no.
>> In most states, the age of consent is 16 or 18. In some states, the age of consent varies according to the age difference between the participants. Generally, "I thought she was 18" is not considered a legal excuse - it's up to you to make sure your partner is old enough to legally take part.
>> Because laws are different in every state, it is important to find out the law in your state. You can call your local crisis center or the National Sexual Assault Hotline at 1.800.656.HOPE to find out more about the laws in your state.
Consideration #2
Do both people have the capacity to consent? States also define who has the mental and legal capacity to consent. Those with diminished capacity - for example, some people with disabilities, some elderly people and people who have been drugged or are unconscious - may not have the legal ability to agree to have sex.
>> These categories and definitions vary widely by state, so it is important to check the law in your state. You can call your local crisis center or the National Sexual Assault Hotline at 1.800.656.HOPE to find out more about the laws in your state.
Consideration #3
Did both participants agree to take part? Did someone use physical force to make you have sexual contact with him/her? Has someone threatened you to make you have intercourse with them? If so, it is rape.
>> It doesn't matter if you think your partner means yes, or if you've already started having sex - "No" also means "Stop." If you proceed despite your partner's expressed instruction to stop, you have not only violated basic codes of morality and decency, you may have also committed a crime under the laws of your state (check your state's laws for specifics).
Common Questions
I didn't resist physically - does that mean it isn't rape?>> People respond to an assault in different ways. Just because you didn't resist physically doesn't mean it wasn't rape - in fact, many victims make the good judgment that physical resistance would cause the attacker to become more violent. Lack of consent can be express (saying "no") or it can be implied from the circumstances (for example, if you were under the statutory age of consent, or if you had a mental defect, or if you were afraid to object because the perpetrator threatened you with serious physical injury).
I used to date the person who assaulted me - does that mean it isn't rape?
>> Rape can occur when the offender and the victim have a pre-existing relationship (sometimes called "date rape" or "acquaintance rape"), or even when the offender is the victim's spouse. It does not matter whether the other person is an ex-boyfriend or a complete stranger, and it doesn't matter if you've had sex in the past. If it is nonconsensual this time, it is rape. (But be aware that a few states still have limitations on when spousal rape is a crime.)
I don't remember the assault - does that mean it isn't rape?
>> Just because you don't remember being assaulted doesn't necessarily mean it didn't happen and that it wasn't rape. Memory loss can result from the ingestion of GHB and other "rape drugs" and from excessive alcohol consumption. That said, without clear memories or physical evidence, it may not be possible to pursue prosecution (talk to your local crisis center or local police for guidance).
I was asleep or unconscious when it happened - does that mean it isn't rape?
>> Rape can happen when the victim was unconscious or asleep. If you were asleep or unconscious, then you didn't give consent. And if you didn't give consent, then it is rape.
I was drunk or he was drunk - does that mean it isn't rape?
>> Alcohol and drugs are not an excuse - or an alibi. The key question is still: did you consent or not? Regardless of whether you were drunk or sober, if the sex is nonconsensual, it is rape. However, because each state has different definitions of "nonconsensual", please contact your local center or local police if you have questions about this. (If you were so drunk or drugged that you passed out and were unable to consent, it was rape. Both people must be conscious and willing participants.)
I thought "no," but didn't say it. Is it still rape?
>> It depends on the circumstances. If you didn't say no because you were legitimately scared for your life or safety, then it may be rape. Sometimes it isn't safe to resist, physically or verbally - for example, when someone has a knife or gun to your head, or threatens you or your family if you say anything.
Students who report the occurrence of a sexual offense are treated with dignity, irrespective of their sexual orientation or gender identity/expression.The University Policy on Violence outlines, in full, the University's commitment to a safe environment in which acts of violence are not tolerated.
Reporting Sexual Assaults
>> Sexual assaults that occur on campus can be reported to the BGSU Police at 419-372-2346. Sexual assaults that occur off campus can be reported to Bowling Green City Police or the jurisdiction in which the assault took place. Even if the victim does not want to report the assault, many campus officials have a responsibility to anonymously report the crime. Anonymous reports do not contain the name of the victim and will not be followed by an investigation. Instead, only statistical information is forwarded to campus police for use in the University's annual report.
Academic Issues
>> Sexual assaults can also affect a victim's academic performance. Students may seek assistance with academic issues through the Office of the Dean of Students at 419-372-2843. The Office of the Dean of Students will work collaboratively with the student's college office.
Advocacy
>> The SAAFE Center has sexual assault advocates available 24/7 who are trained in providing emotional support, information/referrals, plus medical and legal information. Advocates can be contacted at any point in the aftermath of an assault to provide assistance. However, the sooner an advocate is called and able to provide information and services, the more options a victim may have. To contact an advocate, call The Link Hotline at 419-352-1545 and ask for a SAAFE advocate.
Alcohol and Other Substances
>> Often times, victims, knowingly or unknowingly, ingest alcohol and other substances prior to being sexually assaulted. In either case, a victim of sexual assault will not be penalized for underage consumption if an assault is reported to the police or the Office of the Dean of Students.
BGSU Student Conduct Program
>> If the perpetrator is a student, a victim may utilize the student conduct process, which is the University's system of accountability for students. This course of action is an option even if the victim is not a student and is not choosing to prosecute. The student conduct process can be initiated through the Office of the Dean of Students at 419-372-2843.
Counseling
>> Counseling can be an integral part of recovery from a sexual assault. The referral sources listed below include on- and off-campus counseling and advocacy services, as well as the SAAFE Center available via The Link Hotline at 419-352-1545.
Housing Issues
>> When a sexual assault takes place in a residence hall, a victim may choose or need to relocate. This option can be made available through the Office of Residence Life at 419-372-2011.
Medical Care
>> Medical care is recommended after any sexual offense. At a minimum, such care allows for treatment of sexually transmitted infections (STIs). In addition, if the assault has taken place within the last 96 hours, an exam can be conducted (known as a rape kit exam) for the purpose of collecting evidence for prosecution. Students may seek medical care at the Student Health Service (SHS) during business hours or Wood County Hospital's Emergency Room 24 hours a day. If the student does not want a rape kit completed, the SHS, 419-372- 2271, can still treat for STIs and provide emergency contraception. Non-students can go to the Wood County Hospital's Emergency Room for a rape exam if the assault occurred within the last 96 hours. Non-students can also be seen at Planned Parenthood, 1-800-230-7526, or by a private physician for treatment of STIs and pregnancy. However, these providers are unable to conduct rape exams.
Prosecution
>> A victim has a choice about whether to prosecute or not. Even if a victim initially chooses not to prosecute, it can be helpful to report an assault so that prosecution can be pursued at a later date if the victim chooses to do so. This allows for timely evidence collection and early interviews with the victim and witnesses, and gives more credibility if prosecution is pursued at a later date.
Victim's Compensation
>> Sexual assault victims may be eligible for victim's compensation for costs incurred as a result of the crime. More information is available about such compensation through the SAAFE Center at 419-352-1545.
The University acknowledges the support services of following organizations:
>> Student Health Service
Email: stuhealth@bgsu.edu
Phone: 419.372.2271
http://www.bgsu.edu/offices/sa/health/
>> BGSU Police Department
Phone: 419.372.2346
http://www.bgsu.edu/offices/safety/page25607.html
>> Counseling Center
Phone: 419.372.2081
http://www.bgsu.edu/offices/sa/counseling/
>> SAAFE Center
Phone: 419.352.1545
http://www.victimsservices.org
>> Drug, Alcohol, and Sexual Offenses Coalition
Phone: 419.372.2011
http://www.bgsu.edu/offices/sa/vp/page58538.html
>> Office of Residence Life
Email: reslife@bgsu.edu
Phone: 419.372.2011
http://www.bgsu.edu/offices/sa/reslife/
>> Student Legal Services
Email: sls@bgnet.bgsu.edu
Phone: 419.372.2951Â
http://www.bgsu.edu/offices/sls/
>> Wellness Connection
Email: wellness@bgsu.edu
Phone: 419.372.9355
http://www.bgsu.edu/offices/sa/recwell/wellness/
>> LGBT Resource Center
Phone: 419.372.9140
http://www.bgsu.edu/offices/sa/oma/lgbtaq_resource_center/
>> Women's Center
Email: womencenter@bgsu.edu
Phone: 419.372.7227
http://www.bgsu.edu/offices/women/
>> Office of the Dean of Students
Phone: 419.372.2843
http://www.bgsu.edu/offices/sa/deanofstudents/
>> Office of Student Affairs
Email: vpsa@bgsu.edu
Phone: 419.372.2147
http://www.bgsu.edu/offices/sa/vp/
>> Behavioral Connections of Wood County
Phone: 419.352.5387
http://www.behavioralconnections.org
>> Bowling Green City Police Department
Phone: 419.352.2571
http://www.bowlinggreenpolice.org
>> Sexual Assault Mock Court Trial
https://dvss.bgsu.edu/public/publicPlayer.php?movie_id=ae0bce5871d508f3d4f84f170a571797
BGSU Wellness Connection
The Wellness Connection is a lifestyle enhancement, information and referral center located at the Student Recreation Center. Comprehensive services including HIV testing, walk-in appointments, and educational opportunities are offered that foster optimum health and wellness for BGSU students and the community.
Contact UsPhone: 419.372.WELL (9355) |
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