College Students

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This section provides information for college student victims. Go to What Victims Need to Know for more general information.

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 What Victims Need to Know, for more on what to do in the aftermath of sexual victimization.

All campuses in the State have 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.

Sexual Assault

Prevalence

Here are trends to help you understand the extent of this problem:

  • Among U.S. college students, 13% experience nonconsensual sexual contact. Rates for females (26% undergraduates/10% graduate) and TGQN students (transgender, genderqueer, nonconforming, questioning or with another identity) (23% undergraduates/15% graduates) are significantly higher than for males (7% undergraduate and 3% graduate). (Cantor et al., 2019) Numerous prior studies and reports found similar rates, especially for women (Tombros Korman et al., 2017; Krebs et al., 2016; Cantor et al., 2015; Washington Post & Kaiser Family Foundation, 2015; Krebs et al., 2007; Mohler-Kuo et al., 2004; Fisher, Cullen & Turner, 2000).
  • College students with disabilities have higher rates of sexual victimization than students without disabilities (Cantor et al., 2019).
  • Student who are of non-heterosexual orientations have higher rates of nonconsensual sexual contact than those who have heterosexual orientation. Rates are particularly high for bisexual students (26%). (Cantor et al., 2019).
  • Women and men ages 18 and 24 (the typical age bracket of college students) experience high rates for first-time rape victimization (females) and being made to penetrate someone else (males) (Basile et al., 2022).

Perpetrators

Here are a few important things to know about 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. Fisher et al. (2016) found that, 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. Victims who were transgender, genderqueer, nonconforming, questioning or with another identity, in particular graduate and professional students, were more likely to not know the perpetrator’s association with the college and describe the perpetrator as someone who they had been involved with at the time of the incident.
  • A large majority of victims in college identify their perpetrator as a student associated with the college. (Cantor et al., 2019).
  • For female victims of sexual penetration or touching, perpetrators are almost all males. For male victims, about 1/3 of perpetrators are male and the rest mostly female. For TGQN victims, the vast majority of perpetrators are males, followed by females, those of other gender identities or those not identified by gender. (Cantor et al., 2019).

Context

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.

For victims of sexual penetration at college, common assault locations include university residence halls/dorms, other residential housing, other places and a fraternity house (in that order). For female victims of unwanted sexual touching, fewer incidents occurred in residence halls and other residential housing and more occurred in fraternities and restaurants/bars. (Cantor et al., 2019)

A majority of incidents of sexual penetration and sexual touching with female victims involve perpetrators drinking alcohol before the incident. (Many victims do not know if perpetrators had used substances.) A majority of the victims report drinking alcohol before the incident. Among women reporting using a substance (either knowingly or unknowingly), 35% of the incidents involving penetration occur when they are passed out or asleep for at least part of the incident. 23% are not sure if they were passed out or asleep. (Cantor et al., 2019)

For victims of sexual penetration, the vast majority (92% of women and TGQN students, and 79% of men) have at least one type of behavioral or emotional consequence. Several reactions were very common, such as avoiding or trying to avoid the person, fearfulness or concern for their safety, loss of interest in daily activities, withdrawal from interactions with friends, nightmares or trouble sleeping, and feeling numb or detached. (Cantor et al., 2019)

Risk Factors

Key risk factors associated with sexual victimization of college students. Note that many studies cited focus on women victims 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 college (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. As noted above, most college sexual assaults involve alcohol consumption on the part of victims and/or perpetrators (Cantor et al., 2015, 2019; 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 increased risk of alcohol-involved sexual assault (Mohler-Kuo et al., 2004; Norris, 2008) and assault severity (Abbey et al., 2003). Drug use has also been linked with increased risk of sexual assault (Mohler-Kuo et al., 2004). Lawyer et al. (2010) found that 84% of drug-facilitated sexual assaults were preceded by the victims’ voluntary alcohol consumption. (Note that while alcohol does not cause someone to be a perpetrator or victim, it can reduce the inhibitions of perpetrators and render victims incapacitated.)
  • Class Rank and Age. College students are at an increased risk of sexual victimization during their first weeks of school. Freshmen and sophomores have a greater risk of sexual victimization than juniors and seniors. One study found that during their first four semesters at college, 84% of women experience sexually coercive experiences (Gross et al., 2006). Cantor et al. (2015, 2019) found that the risk of sexual victimization involving physical force or incapacitation declines from freshman to senior years.
  • Greek Affiliation. Students who live in sorority houses or belong to sororities have an increased risk for sexual victimization (Franklin, 2010; Mohler-Kuo et al., 2004; Copenhaver & Grauerholz, 1991; Kalof, 1993; 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. Cantor et al. (2019) found that for nonconsensual sexual contact by physical force or inability to consent, Asian students had the lowest rates (7%) compared to American Indian/Native Alaskan students (19%), White students (15%), those students reporting more than one race (15%), black/African American students (13%) and Native Hawaiian/Other Pacific Islander students (12%). Hispanic students (12%) were slightly more likely to experience victimization than non-Hispanic students (10%). Mohler-Kuo et al. (2004) found that White women were less likely to experience physically forced/threatened forcible rapes than those of other ethnicities or races.

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

Reporting Options

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 (student and employee). As such, college students who experience sexual assault have 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 typically refers 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.

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 assist in accessing services from Legal Aid to prepare for a campus judicial board hearing.

Collection of Evidence and Not Initially Reporting

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 for medical care and to potentially have 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 or vulnerable adult).

  • If a victim chooses to have the exam but does NOT want to initiate or participate in an investigation relating to the sexual assault, the forensic evidence is collected and stored at Marshall University Forensic Science Center (MUFSC) for 24 months.
  • If the decision is 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 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.

Sexual Harassment

Prevalence

Here are a few trends to help you understand the extent of this problem:

  • More than 4 in 10 students experience at least one sexual harassing behavior during college. Rates are highest for undergraduate females (59%) and TGQN students (65%), with undergraduate men’s rate at 36%. Almost 20% of students (46% TGQN and 31% women) report sexually harassing behavior that interferes with academic/professional performance, limits their ability to participate in an academic program, or creates an intimidating, hostile or offensive social, academic or work environment. (Cantor et al., 2019)
  • The vast majority of harassers are other students, except in the case of graduate/professional students; they are more likely to report harassers who are in authority positions at the school (Cantor et al., 2019).
  • College students with disabilities have higher rates for experiencing sexual harassment than students without disabilities (Cantor et al., 2015).
  • The most common sexual harassing behaviors include hearing inappropriate or offensive comments about someone’s body, appearance or sexual activities; hearing insulting or offensive remarks or joke; hearing crude or gross sexual things said to them or feeling pressured to talk about sexual matters; being sent offensive materials via social or online media; and being repeatedly asked to “go out” by a perpetrator even though the student had previously said no (Cantor et al., 2019).

Reporting Options

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 usually 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. College 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 through a local Human Rights Commission).

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.

Other Remedies

Many college students who experience sexual assault and sexual 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 the State’s 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 the West Virginia Crime Victim Compensation Fund*). 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).

Resources

Sexual Violence on College Campuses Brochure

Also see:

References

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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.

Basile, K.C., Smith, S.G., Kresnow, M., Khatiwada S. & Leemis, R.W. (2022). The national intimate partner and sexual violence survey: 2016/2017 Report on sexual violence. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.

Cantor, D., Fisher, B., Chibnall, S., Harps, S., Townsend, R., Thomas, G., Lee, H., Kranz, V., Herbison, R. & Madden, K. (2019, revised 2020). Report on the AAU campus climate survey on sexual assault and sexual misconduct. Washington, DC: Association of American Universities.

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.

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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.

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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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