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Campus Sexual Violence

 

Prevalence of Sexual Assault

 

How Frequently Does It Occur?

Among college students in the U.S., it is estimated that sexual assault is experienced by 1 in 5 female students, 1 in 16 male students and nearly 1 in 4 students who identify as transgender, genderqueer, nonconforming, questioning or with another identity (Cantor et al., 2015; Washington Post & Kaiser Family Foundation, 2015; Krebs et al., 2016; Tombros Korman et al., 2017). Numerous prior national studies found similar rates for female students (Fisher, Cullen & Turner, 2000; Mohler-Kuo et al., 2004; Krebs et al., 2007).

 

Compared to other age groups, women and men in the typical age bracket of college students—ages 18 and 24—experienced high rates for rape (females) and being made to penetrate someone else (males), the highest rates of first-time intimate partner violence and high rates for first-time stalking (Smith et al., 2018).

 

Who are the Perpetrators?

The vast majority of sexual assaults of college students are perpetrated by persons known to victims. Fisher, Cullen and Turner (2000) found 9 out of 10 of the female rape victims knew their offenders. Most often they were boyfriends, ex-boyfriends, classmates, friends, acquaintances or co-workers. A 2016 survey study from Fisher et al. found:

 

  • Among female and male college students who were sexually assaulted, offenders are most likely to be a friend or acquaintance, a stranger or someone they were romantically involved with at the time of the incident.
  • A large majority of female and male undergraduate victims identified their offender as a student associated with the college, in addition to being a friend or acquaintance. A smaller percent of graduate and professional students identified their offender as associated with the college and a student.
  • Victims who were transgender, genderqueer, nonconforming, questioning or with another identity, in particular graduate and professional students, were more likely to not know the offender’s association with the college and describe the offender as someone who they had been involved with at the time of the incident.

 

Context of Sexual Assault in the College Environment

Non-stranger sexual assault in college settings occurs in a variety of contexts. Consider:

 

  • At a party: For example, at an off-campus residence, involving a perpetrator plying the targeted victim with alcohol or targeting someone who is intoxicated.
  • On a date: For example, after going out to the movies together and then kissing back at the victim’s residence, the perpetrator forces sex on the victim.
  • Non-party, non-date situation: For example, where two students who are just becoming acquainted and the perpetrator sexually assaults the victim.
  • Sexual assault by a current or former intimate partner: For example, one current partner overpowers the other and forces sex on them.

 

 

Prevalence of Sexual Harassment

An Association of American Universities (AAU) Climate Survey on Sexual Assault and Sexual Misconduct (Cantor et al., 2015) found that almost half of all students had experienced sexual harassment since enrolling in college. However, rates varied considerably for students of different genders and school matriculation status.

 

  • Students who were transgender, genderqueer, nonconforming, questioning or with another identity had the highest rates—75.2% for undergraduates and 69.4% for graduate/professional students.
  • Female undergraduate students had the next highest rate (61.9%), followed by female graduate/professional students (44.1%).
  • Next were male undergraduates (42.9%).
  • Male graduate/professional students had the lowest rates (29.6%).

 

The most common types of sexual harassment experienced: making inappropriate comments about a person’s body, appearance or sexual behavior (37.7%), followed by making sexual remarks or insulting or offensive jokes or stories (29.5%).

 

For more information on this topic, see the website section on sexual violence, sexual harassment.

 

 

Risk Factors for Sexual Assault of College Students

Numerous risk factors, including those summarized below, are associated with sexual victimization of college students. This summary is meant only to identify key risk factors that may contribute to sexual victimization. How these factors may contribute to sexual victimization are detailed in the cited references. Note that most studies cited focus on women due to the high rates of sexual assault of college women.

 

  • Prior Victimization. Women who experience a sexual assault while attending college, as well as those who have been sexually assaulted prior to college, are at risk for further victimization during their college careers (Fisher, Cullen & Turner, 2000). Women who have a history of dating violence are more at risk for sexual violence while in college (American College Health Association, 2004).
  • Alcohol and Drug Use. Given the widespread use of alcohol in college social settings, it is no surprise that a majority of sexual assaults of college women involve alcohol consumption, by either or both the victims and perpetrators (Abbey, 2002; Abbey et al., 1996; Koss et al., 1987; Presley et al., 1997; Mohler-Kuo et al., 2004, Tjaden & Thoennes, 2006; Fisher et al., 2016). Attending a college where heavy drinking is the norm has been related to the increased risk of alcohol-involved sexual assault (Mohler-Kuo et al., 2004; Norris, 2008) and the severity of the assaults (Abbey et al., 2003). Parks et al. (2008) found that women who have a greater number of sexual partners and increased weekly drinking (compared to high school) increased their odds of sexual victimization the first year at college. Drug use has also been linked with increased risk of sexual assault (Mohler-Kuo et al., 2004). There is a connection between alcohol consumption and drug-facilitated rape—Lawyer et al. (2010) found that 84% of drug-facilitated sexual assaults were preceded by the victim's voluntary alcohol consumption. Note that while alcohol does not cause someone to be an offender or a victim, it can reduce the inhibitions of offenders and render their victims helpless.
  • Class Rank and Age. College students are at an increased risk of sexual victimization during their first weeks of school (sometimes referred to by campus prevention programs as the "Red Zone"). There is also a greater risk of sexual victimization for freshmen and sophomores than for juniors and seniors. One study found that during their first four semesters at college, 84% of women experienced sexually coercive experiences (Gross et al., 2006). Cantor et al. (2015) found that the risk of sexual victimization involving physical force or incapacitation declined from freshman to senior years.
  • Greek Affiliation. Students who live in sorority houses or belong to sororities have an increased risk for sexual victimization (Copenhaver & Grauerholz, 1991; Franklin, 2010; Kalof, 1993; Mohler-Kuo et al., 2004; Tyler, Holt & Whitbeck, 1998). Fraternity members and student athletes are more likely than any other men on campus to commit a sexual assault (Murnen & Kohlman, 2007).
  • Race/Ethnicity. Sexual violence victimization rates based on race/ethnicity. For example, white women and Native Americans appear to be most at-risk for rape on a college campus, while Asian-Americans have the lowest risk (Tjaden & Theonnes, 2006). However, white women are less likely to experience physically forced or threatened forcible rapes than women of other ethnicities or races (Mohler-Kuo et al., 2004).

 

Regardless of circumstances, sexual assault is never the victim’s fault. The presence of risk factors does not cause or justify violence.

 

For information on victim reactions and needs post-sexual assault, see the website section on victim guides, victim information.

 

 

Reporting Sexual Assault

Sexual assault is a criminal offense in West Virginia. It is also considered a civil rights violation of federal and state discrimination laws in qualifying settings. The law applicable in educational settings is Title IX of the Education Amendment of 1972. In addition, campus sexual assault is typically a violation of a college’s codes of conduct (both student and employee).

 

As such, college students who experience sexual assault have several options for reporting it. It is their decision whether or not to report.

 

  • Report to law enforcement. Reporting provides the criminal justice system an opportunity to begin an investigation into the matter. If students disclose to a campus law enforcement department, the department can take a report and initiate an investigation, if appropriate. If students disclose to a campus security department, the department would typically need to refer the student making a report to a local law enforcement agency if they are requesting a criminal investigation. Alternately, students can report to the local law enforcement agency, bypassing school-based law enforcement or security altogether.
  • Either or also report the sexual assault as a violation of the college’s codes of conduct and Title IX. Each college has procedures on what students should do to report violations of its codes of conduct/Title IX and on how the college administration deals with reports. Any report of a sexual assault on a campus should initiate an investigation that is reviewed by the appropriate campus judicial system/Title IX coordinator and has the potential for a campus-related disciplinary action. Although there is no statute of limitations in reporting a sexual assault to the criminal justice system, reporting to the campus may have time limits depending on the nature of the incident.
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Students who report may also wish to consider seeking a private attorney to advocate on their behalf in a criminal case or during student conduct system proceedings. In some cases, students may utilize the services of a rape crisis center advocate to assisting in accessing services from Legal Aid to prepare for a campus judicial board hearing.

 

Note Regarding the Collection of Evidence and Not Initially Reporting the Assault to Law Enforcement

Victims can go to a licensed medical facility (typically a hospital emergency department) within about 96 hours of the assault for a medical forensic examination. During the exam, they can receive medical care as well as have potential evidence collected for a criminal investigation. However, the exam—including evidence collection—is available to them even if they choose not to report the assault to law enforcement (if it is a non-mandatory reporting situation, such as not involving a minor).

 

  • If a victim chooses to have the exam but does NOT want to initiate or participate in any investigation relating to the sexual assault, the forensic evidence is collected and stored at Marshall University Forensic Science Center (MUFSC) for 24 months. It is important to note that if liquid samples were collected as a part of the toxicology kit (blood and urine), the samples will have a limited life span and will degrade over time. All other samples collected as a part of the rest of the examination will have an unlimited lifespan if collected and dried properly.
  • Should the decision be made later to initiate an investigation in a non-reported case, the victim would need to contact law enforcement and provide the kit tracking number for law enforcement to be able to secure the sex crime evidence collection kit from MUFSC.
  • If an investigation has not been initiated within 24 months from its time of collection, the evidence collection kit will be categorized as "non-active." Samples collected as part of the medical forensic examination in "non-active" kits may be used for training purposes once all identifying information has been removed. After the 24 month time period, if the "non-active" sex crime evidence collection kit has not been used for training purposes, the victim can still request that an investigation be initiated. There is no statute of limitations on reporting a sexual assault in West Virginia.
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For more related information, see the website section on forensic exams, not reporting the assault to law enforcement.

 

Reporting Sexual Harassment

Options for reporting a complaint of campus sexual harassment are a little different than for sexual assault.

  • Sexual harassment is typically not reported to local law enforcement, as it is not considered a criminal offense in West Virginia unless elements of the harassment are criminal.
  • Complaints of sexual harassment on campus can be made to the college. As with sexual assault, sexual harassment is a form of sex discrimination covered under Title IX and typically a violation under a college’s code of conduct. Colleges policies and procedures should make clear what students should do if they experience sexual harassment on campus, how to report it and to which campus office(s), what will happen when complaints are received, and support resources available, including any further community remedies (such as a local Human Rights Commission).
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Students experiencing sexual harassment on campus can choose whether or not to report it to the college. Note, however, that some policies may require that a report be made within a certain amount of time.

 

Note that before reporting, students have the option of informing their harassers directly that the conduct is unwelcome and must stop. However, they don’t have to make such a notification in order to file a complaint of sexual harassment, especially if doing so may jeopardize their physical safety, emotional well-being or school success.

 

 

Civil Legal and Other Remedies

Many college students who experience sexual assault and harassment do not report their victimization to the criminal justice system (Fisher, Daigle, Cullen & Turner, 2003; Cantor et al., 2015). Some of the common reasons for not reporting sexual victimization include fear of retaliation by perpetrators and others in the community, fear of rejection by family, friends and acquaintances, self-blame and unwillingness to deal with the humiliation, loss of privacy and negativity they perceive would accompany a report (Office on Violence Against Women, 2013). Given the reluctance to report, it is important for victims to know about other available options.

 

  • Civil legal options (e.g., to pursue monetary compensation for losses suffered), either in place of or in addition to criminal/campus judicial system actions. Civil legal options may be influenced by state statute of limitations.
  • Non-legal services available to help victims heal, on-campus and in the community (most of which are not influenced by reporting decisions, except access to West Virginia Crime Victim Compensation funds). For example, a student victim may want counseling or assistance in transferring to a different on-campus residence or out of a class. Local rape crisis centers provide free and confidential services to students, in addition to resources offered on campus. Students who are concerned for their safety can request a protective order through their county magistrate —a Personal Safety Order (PSO) for victims in non-domestic relationships or a Domestic Violence Protective Order (DVPO). See the website section, victim guides, victim information, for more on service options.

 

 

If You Have Been Victimized

If you are a college student in West Virginia and have been sexually victimized, you can call 1-800-656-HOPE or contact the rape crisis center in your area for free, confidential support and help. See the website section on Victim Guides, Victim Information for more on what to do in the aftermath of sexual victimization.

 

All campuses have some resources available for sexual assault victims. Information about resources and related protocols is usually listed on each campus’s website and in their student handbook. Before accessing services, it is helpful to find out the level of confidential communications that various professionals and paraprofessionals at the college can offer victims of sexual assault.

 

 

Additional Resources

  • See the website section on laws, federal legislation affecting colleges.
  • See the website section on resources, Toolkits for Addressing Interpersonal Violence on College Campuses. One of these toolkits is for campus prevention educators, one is for campus law enforcement and security departments and one is for campus student conduct professionals. As the title implies, these toolkits explore intervening in and preventing campus interpersonal violence—sexual violence, domestic and dating violence and stalking.
  • See the website section under online trainings, Resident Assistant Training Module. It addresses the issues of stalking and sexual misconduct for college resident assistants and advisors.
  • See the website section on collaborations, WV Intercollegiate Council on Sexual Violence.

 

 

References

Abbey, A. (2002). Alcohol-related sexual assault: A common problem among college students. J. Stud. Alcohol, 14, 118-128.

 

Abbey, A., Clinton-Sherrod, A., McAuslan, P., Zawacki, T., & Buck, P. (2003). The relationship between the quantity of alcohol consumed and the severity of sexual assault committed by college men. Journal of Interpersonal Violence, 18, 813-833.

 

Abbey, A., Ross, L., McDuffie, D. & McAuslan, P. (1996). Alcohol and dating risk factors for sexual assault among college women. Psychology of Women Quarterly, 20, 147-169.

 

 

American College Health Association (2004). National college health assessment: Reference group executive summary. Baltimore, MD: American College Health Association.

 

 

Cantor, D., Fisher, B., Chibnall, S., Town send, R., Lee, H., Bruce, C., & Thomas, G.  (2015). Report on the AAU campus climate survey on sexual assault and sexual misconduct. Washington, DC: Association of American Universities.

 

Copenhaver, S. & Grauerholz, E. (1991). Sexual victimization among sorority women: Exploring the links between sexual violence and institutional practices. Sex Roles, 24(1-2), 31-41.

 

Fisher, B., Cullen, F. & Turner, M. (2000). The sexual victimization of college women. Washington, DC: U.S. Department of Justice.

 

Fisher, B., Daigle, L., Cullen, F., & Turner, M. (2003). Reporting sexual victimization to the police and others: Results from a national-level study of college women. Criminal Justice and Behavior, 30(1), 6-38.

 

 

Fisher, B.S., Peterson, S., Cantor, D., Townsend, R. & Sun, H. (2016). Characteristics of nonconsensual sexual contact incidents: Penetration and sexual touching by force or while incapacitated. Rockville, MD: Westat.

 

Franklin, C. (2010). Physically forced, alcohol-induced, and verbally coerced sexual victimization: Assessing risk factors among university women. Journal of Criminal Justice, 30(2), 149-159.

 

 

Gross, A., Winslett, A., Roberts, M. & Gohm, C. (2006). An examination of sexual violence against college women. Violence Against Women, 12(3), 288–300.

 

Kalof, L. (1993). Rape supportive attitudes and sexual victimization experiences of sorority and nonsorority women. Sex Roles, 29, 767-780.

 

Karjane, H., Fisher, B. & Cullen, F. (2005). Sexual assault on campus: What colleges and universities are doing about it. Washington, DC: U.S. Department of Justice, National Institute of Justice.

 

 

Koss, M., Gidycz, C. & Wisniewski, N. (1987). The scope of rape: Incidence and prevalence of sexual aggression and victimization in a national sample of higher education students. Journal of Consulting and Clinical Psychology, 55(2), 162–170.

 

Krebs, C. P., Lindquist, C. Berzofsky, M., Shooks-Sa, B. & Peterson, K. (2016). Campus climate survey validation study: Final technical report. Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics.

 

Lawyer, S., Resnick, H., Bakanic, V., Burkett, T. & Kilpatrick, D. (2010). Forcible, drug-facilitated and incapacitated rape and sexual assault among undergraduate women. Journal of American College Health, 58(5), 453-460.

 

Mohler-Kuo, M., Dowdall, G., Koss, M. & Wechsler, H. (2004). Correlates of rape while intoxicated in a national sample of college women. Journal of Studies on Alcohol, 65, 37-45.

 

Murnen, S. & Kohlman, M. (2007). Athletic participation, fraternity membership, and sexual aggression among college men: A meta-analytic review. Sex Roles, 57, 145-157.

 

Norris, J. (2008). The relationship between alcohol consumption and sexual violence. Harrisburg, PA: VAWnet, a project of the National Resource Center on Domestic Violence/Pennsylvania Coalition Against Domestic Violence.

 

Office on Violence Against Women (2004). A national protocol for sexual assault medical forensic examinations (adults/ adolescents). Washington DC: U. S. Department of Justice.

 

Parks, K., Romosz, A., Bradizza, C. & Hsieh, Y. (2008). A dangerous transition: Women's drinking and related victimization from high school to the first year at college. Journal of Studies on Alcohol and Drugs, 69, 65-74.

 

 

Presley, C., Meilman, P., Cashin, J. & Leichliter, J. (1997). Alcohol and drugs on American college campuses: Issues of violence and harassment. Carbondale, IL: Core Institute, Southern Illinois University.

 

Tjaden, P., & Thoennes, N. (2006). Extent, nature, and consequences of rape victimization: Findings from the national violence against women survey. Washington, DC: National Institute of Justice.

 

Tombros Korman, A., Greenstein, S., Wesaw, A. & Hopp, J. (2017). Institutional responses to sexual violence: What data from a culture of respect program tell us about the state of the field. Washington, DC: National Association of Student Personnel Administrators.

 

Tyler, K., Hoyt, D. & Whitbeck, L. (1998). Coercive sexual strategies. Violence and Victims, 13(1), 47- 61.

 

Washington Post & Kaiser Family Foundation. (2015). Survey of college students on sexual assault. Authors.

 

 

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