H A N D B O O K F O R S U R V I V O R S
H A N D B O O K F O R S U R V I V O R S
A G u i d e t o S u r v i v i n g S e x u a l A s s a u l t
A G u i d e t o S u r v i v i n g S e x u a l A s s a u l t
1
u Make sure you are safe from further harm. Call someone you trust, such as a friend, the Sexual Assault Resource Agency, the police, or your Resident Advisor.
u Medical care is very important right now. You may have injuries of which you are unaware, you may have contracted a sexually transmitted disease or be preg-nant. Some tests can only be done within a short time-frame, and you may need treatment. A friend can transport you to the UVa Emergency Department, you can get there on your own, or the police will take you if necessary. A specially-trained Forensic Nurse Examiner will take care of you there.
u If you plan to go to the hospital, don’t bathe or douche. Also try not to uri-nate if possible. This destroys valuable evidence. If oral contact took place, do not smoke, eat, drink, or brush your teeth.
u If you’ve already changed clothes, place them in a paper bag (plastic destroys evidence) and bring them with you. If you haven’t changed, keep your original clothes on, and bring an extra set to wear home from the hospital. The police may need to keep your clothes for evidence.
u You may be unsure right now whether or not you want to go forward with a prosecution, and that’s okay. However, if you do decide to pursue legal options later, physical evidence will be crucial. Consider having evidence collected now to keep our options open; this does not commit you to prosecution.
u If you think you may have ingested drugs involuntarily, or if you chose to con-sume alcohol or other drugs, tell the Forensic Nurse Examiner as soon as you get to the UVa Emergency Department. This is very important information.
u If you are a UVA student, there is specific information on other options available to you on page 30.
u You will find most of the key phone numbers you will need on page 44.
u Remember, the assault was NOT your fault. There are people in Charlottesville and at the University of Virginia who will believe you and support you as you decide what to do next.
This handbook is designed to help you, whether you
were sexually assaulted recently or in the past, or if
you care about someone who was assaulted. Please
keep this booklet. Certain sections may seem more
important or more useful to you at this time than
others do, but that may change over time. You may
find it contains information that will be relevant at
different stages of your healing process. Inside,
survivors are usually referred to as “she,” because
that is the most common situation, however most of
the information is useful, regardless of your sex. There
is also a specific section for male survivors. While this
handbook was written for people who live in the
Charlottesville/ Albemarle County area and nearby
counties, information is also provided for University of
Virginia students. If you need assistance outside these
areas, call one of the resources in the section, “Can
Anyone Help Me?” for a referral to an agency nearby.
2
Why Should I Go to the Emergency Room? 4
What Happens if I Report My Assault to the Police? 10
What Are My Legal Rights? 13
How Will I Feel? 20
Possible Reactions to Sexual Assault 24
Will I Ever Feel Safe or Trust Anyone Again? 25
For the Significant Others of Sexual Assault Survivors 27
I Am A UVa Student 29
Specific Survivor Concerns 33
My Husband/Boyfriend Raped Me I am a Teenage Survivor
I am a Male Survivor I am a Lesbian Survivor
I am a Survivor With a Disability I am a Deaf or Hard of Hearing Survivor Issues of Race and Ethnicity
I am a Black/African-American Survivor I am a Latina Survivor
I am an Asian/Asian-Pacific American Survivor I am Not a U.S. Citizen
Who Can Help Me? Important Phone Numbers 44
Readings and Resources 47
Acknowledgements 49
3
4
IN TIMES OF EMOTIONAL STRESS, people tend to minimize their own feelings out of self-protection, or out of consideration for the feelings of people they love. Although you may feel fine physically, your body may be numbed by a state of shock, so it’s important to seek medical care as soon as possible.
Your need for treatment is, and should be considered, an emergency even if there are no visible signs of physical injury. Taking care of your health at this time is an important step in your healing process.
If you choose to have evidence collected, the sooner this is done, the more reliable and potentially useful it will be.
It is important to seek medical care in order to:
u be examined and treated for any injuries;
u be tested and treated for exposure to sexually transmitted diseases;
u discuss ways to reduce the risk of pregnancy;
u collect medical evidence should you decide to report the assault to the police for possible prosecution of the offender.
It’s important that you receive treatment at a facility where the staff is spe-cially trained to provide care for sexual assault survivors and to use the correct methods for evidence collection.
In the Charlottesville/Albemarle County area, the University of Virginia Medical Center and Martha Jefferson Hospital are able to examine and treat you after an assault, whether or not you choose to report the assault to the police. The University of Virginia has specially-trained nurses (FNEs, or Forensic Nurse Examiners) to provide evidence collection, which is vital to prosecution.
If a friend or family member isn’t available, you may call “911” for police or rescue squad transportation to the hospital. You may ask for them to come in an unmarked vehicle.
If you have any questions before or after medical treatment, call the Sexual Assault Resource Agency (SARA) office at 295-7273 during business hours, or the 24-hour hotline: 977-7273.
Whether or not you decide to have evidence collected, it is important not to
WHY SHOULD I GO TO THE EMERGENCY ROOM?
Why Should I Seek
Medical Care?
Where should I go?
What if I Need
Transportation?
Before You Arrive
at the Hospital
change clothes, shower or bathe, douche, drink, eat, smoke, brush your teeth, or use the bathroom unless absolutely necessary before the medical exam in order to keep your legal options open as long as possible. These activities can destroy vital evidence.
Bring a change of clothes with you. If you’ve changed your clothes since the assault, place the clothes you wore at the time of the attack in a paper bag (not plastic). Bring them with you to the emergency room. Let your nurse or doc-tor know you have them, and tell them if you have done anything else (washed, etc.) before you arrived. This will assist them in making their report.
u If you arrive by way of rescue squad, you will be taken to a patient-care room, and a nurse or admitting clerk will ask you initial questions.
u If you arrive on your own or with a police officer through the emergency room main entrance, you will then be taken to a private area where the screening (“triage”) nurse will talk with you.
u Additional information necessary for registration includes: u your name
u date of birth
u reason for coming to the Emergency Department u address
u occupation and employer
u date of birth and next of kin or emergency contact u insurance information
u Any information that you are asked to provide in the emergency room is confidential and necessary for registration, as well as for medical record-keeping.
u If you are under the age of 18, your parent or legal guardian should give con-sent for an examination. However, if concon-sent can’t be obtained and you need care right away, hospitals and law enforcement offices have procedures for this situation.
The decision to report the assault to law enforcement authorities is solely up to you. If you aren’t sure whether or not you want to report the assault, you can talk with a police officer about having evidence collected and held while you make a decision. You don’t have to follow through with prosecution or report to any other agency even if you choose to have evidence collected. Having
evi-What Happens in
the Emergency
Room?
Do I Have to
Report This?
5dence collected does give you a wider range of options later if you decide you do want to press charges against the assailant(s). The evidence will be kept by the police until you do decide to file charges (although how long they will hold onto it varies case-by-case), which requires an officer to make a brief report without your name explaining why they are holding evidence. They will then wait for your decision. It is important for you to know that if you don’t want to report the crime, the hospital isn’t required to notify the police when a sex-ual assault has occurred. The hospital is required to report suspected child abuse or elder abuse to the Department of Social Services.
Hospital personnel will allow you to have someone with you during all examina-tion procedures. In addiexamina-tion to having a friend with you, both the UVa Medical Center and Martha Jefferson Hospital will call SARA to send an advocate for you if you request this. You can also contact SARA yourself before you go to the hos-pital. Your interaction with SARA counselors will be kept confidential.
A well-trained advocate can provide emotional support during the examina-tion and report-taking. Your advocate can help to explain medical procedures and the process of evidence collection. This person may also counsel friends or family members who may be at the hospital. An advocate may assist you with follow-up medical and counseling appointments and provide support through-out the criminal justice process.
The University of Virginia hospital has in-house staff trained to provide cri-sis intervention and follow-up counseling for sexual assault survivors. You may also request to see a hospital chaplain, other clergy, or your own private thera-pist (if you are currently seeing one). UVa students receive follow-up care through Student Health Services.
If you have a private insurance policy, it may pay for your medical services, and possibly some psychological counseling. The Commonwealth of Virginia will pay for all evidence collection after an assault. However, you must cooperate in the investigation with the police department in order for the Commonwealth to authorize payment for evidence collection.
The Virginia Crime Victims Act established the Crime Victims’ Compensation Fund to pay for some physical and emotional injuries as a result of a crime. This fund can compensate you for out-of-pocket medical expenses, psychological counseling, or lost wages that are a result of the assault. It is coor-dinated through the Victim & Witness Assistance Program. The Victim & Witness Program Coordinator can explain the fund to you and help you com-plete the application.
If you are a UVa student, you are required by the University to carry health
May I Have a
Support Person
With Me?
Who Pays for My
Treatment?
6insurance. Most insurance covers at least part of the cost of emergency treat-ment. If you submit claims through your parent’s insurance, you need to know that they may learn about your visit to the emergency room through the insur-ance company. After your emergency room visit, it is important for you to seek follow-up care at Student Health. There is no charge for an office visit with a clinician, but there are charges for any laboratory tests that are needed. You may discuss your payment options with the hospital accounting department. The Department of Student Health recognizes that there can be financial barriers to obtaining appropriate care and will assist you in obtaining the care you need. The medical staff cannot examine you or collect physical evidence without your permission. They need your signed consent for the examination and to give the evidence kit to the police--even if you haven’t decided to prosecute.
Remember, you have the right to refuse any part of the examination or treatment and to ask any questions you may have about any aspect of your care. All proce-dures should be explained so that you understand why and how they are done; if not, it’s OK to ask the nurse or doctor to explain what they are doing. This may help you maintain some feeling of control during the medical procedures. The PERK is designed to assist the examining clinician in the collection of evi-dence (specimens) for analysis by the Virginia Division of Forensic Science. If the assault took place within 72 hours of the medical exam, this kit can be used. If it occurred more than 72 hours ago, some evidence may still be collected.
Before the medical exam, the FNE will aske details about the assault. Even though these questions may seem very personal and difficult to answer, the information you give may be helpful in identifying the assailant, in providing you with optimal care, and in documenting the assault.
They will also ask about your medical history regarding past and present health conditions, including date of your last period, contraceptive history and the date of your most recent voluntary sexual contact.
Information is needed regarding the type of assault or penetration, such as oral, vaginal, or anal. The staff will ask you where the the assault occurred, such as in a car, on grass or carpet, etc., and to describe what happened.
If you’re wearing the same clothes you wore during or after the assault;’ these items must be taken as evidence. Sometimes even shoes are gathered. Tampons or sanitary pads may also be kept for evidence if you are wearing them. You’ll be given clean clothes and new underwear to wear home if you didn’t bring any with you. You may also shower in the E.D. prior to leaving if you would like.
Will I Have Any
Control in Making
Decisions
Regarding My Care
And Treatment?
What is The
Physical Evidence
Recovery Kit
(PERK)?
Clothing Evidence
7The clinician will collect hair combings from your head and pubic region. Twenty-five full-length hairs from different parts of your scalp and 25 from your pubic area must be pulled out to help distinguish your own hair from that of the assailant. If you’d rather pull out the hair samples yourself, the clinician should allow you to do so. Semen found on your pubic hair will be cut or clipped out.
In order to collect evidence, the clinician will swab your lips and the inside of your mouth and then collect a mouth rinse.
Swabs moistened with sterile water are used to wipe your inner thighs and external genitalia. Female survivors have a pelvic exam to collect other samples of evidence and to test for sexually transmitted diseases. For both females and males who were assaulted anally, additional swabs are used to collect evidence of sexual assault in the anal area. In addition to swabs, a specialized microscope called a colposcope will be used to detect and doc-ument microscopic injuries.
After the physical exam, the nurse will draw a blood sample from your arm to determine your DNA type and screen for sexually transmitted dis-eases. A urine screen and pregnancy test will also be done. All screening tests done immediately after an assault are to document your state of health before the assault or for preexisting conditions. HIV and Hepatitis B screening will also be done after a sexual assault. If a significant expo-sure has occurred, medication and follow-up care will be initiated. This is why follow-up medical appointments are necessary for retesting 4-6 weeks after the assault. Follow up care is essential and can be done by your pri-mary care physician, at Student Health, or the Infectious Disease Clinic. The follow-up tests will indicate if pregnancy or sexually transmitted dis-eases resulted from your assault. HIV antibody tests may not give reliable results until 3 to 6 months after the assault. It’s best to have an HIV test done where follow-up counseling is available. Free and anonymous HIV antibody tests are available through the Health Department. Student Health offers confidential (not anonymous) HIV testing. Again, your consent is needed before any of these tests are performed.
If you or the person who accompanied you, (such as a family member, friend, or police officer), state that you were drugged by the assailant, screening tests may be done, including testing for alcohol. This is also the case if your clini-cian feels your medical condition appears to warrant screening to provide you 8
Hair Samples
If There Was
Oral Contact
Vaginal Assault
and/or Anal
Contact
Blood samples
Toxicology
Blood/Urine Screen
with optimal care. You have the right to refuse this, as with all procedures. It’s important for you to know that even if you voluntarily consume alcohol or a club drug, such as GHB or Ecstasy, this could be evidence in a sexual assault case, because the assailant may have taken advantage of your incapacitation. That is why it is so important to tell your clinician if you took a drug yourself (ille-gal or not). Any drug (over-the-counter, prescription, or street drug), can also influ-ence your medical needs/care, and any criminal case that may be prosecuted. This information is also relevant if the perpetrator is a University of Virginia student, and you elect to have your case heard before the Sexual Assault Board. Evidence collected in a hospital may be released to a law enforcement officer only with your written consent or if an authorized third party does so on your behalf. If you are unsure about prosecuting, the police can send collected evi-dence to the state lab to be held for up to one year (although this time may vary, depending on your case).
It is important to have follow-up tests and an exam within 4-6 weeks after the emergency room visit. You may be seen by your private clinician or the UVa Gynecology Clinic in Student Health to check for possible pregnancy or sexu-ally transmitted diseases and to talk about counseling.
In addition to this book, the hospital staff will give you an infomation pack-et with aplace to record the names of the nurse who treated you, the police offi-cer who took your report (if you did report), your SARA advocate, as well as the phone number of the clinic to call for your follow-up appointment. When you do make that call, notify them as to the purpose of your visit--they need to know this so that you receive the propoer medical care.
If you are a UVa student, you will receive additional information from the Women’s Center and Office of the Dean of Students. You follow-up care can be provided at Student Health. Professional services are covered by your prepaid Student Health Fee. There are additional charges for lab tests and medications, if needed. It’s best if you call Student Health Gynecology (924-2773)—or if you are a male survivor, General Medicine (982-3915 )—as soon as possible to make a follow-up appointment.
If you wish to shower before leaving, the emergency department nurse will pro-vide you with soap and shampoo, towels and fresh clothing if needed. If you don’t have a ride and if you don’t need to accompany a law enforcement officer for further questioning, transportation home or to a safe place may be arranged with a family member, friend, victim advocate, or by the local law enforcement agency.
Release of Evidence
Follow-Up Care
After the
Examination
Transportation
910
Reporting an assault is a choice that only you can make. There is no requirement that you must prosecute your assailant. Survivors often make this decision based on the circumstances of their assault and their life situation, including whether or not they feel that they have friends or family who will support them through the process. Another factor for some survivors is the feeling that they would not want another person to be victimized by the same perpetrator. Filing criminal charges and prosecuting their attackers is one way of regaining some control, holding the perpetrator accountable for his or her actions, and taking a stand on their own and the community’s behalf.
The criminal justice system often seems intimidating or even frightening. If this is the case, there are people who can support you through the process of a police interview, the subsequent investigation, and possible prosecution, such as the such as the Victim-Witness Assistance Coordinator, SARA advocates, or in the case of UVA stu-dents, someone from Sexual and Domestic Violence Services in the Women’s Center.
Reporting to the police begins the legal process should you choose to prosecute at a later date. Because the custody of evidence is critical in a criminal case, hos-pitals are not allowed to store evidence, so if you want to have a PERK exam, it must be given to the police by the hospital staff, and only after you sign a release. Also, since time is critical after a sexual assault occurs, the sooner the assault is reported, the easier it is to collect valuable evidence. You can also halt the crimi-nal justice process at any time. Read the next section, “What Are My Legal Rights?” for more information.
If you don’t wish to make a formal report, you may file an anonymous Third Party Sexual Assault Report. See page 16 regarding how to do this. Third Party Reports are used by the Police Department in planning directed patrols and pro-viding warning to the Charlottesville community and University of Virginia communities when appropriate.
Generally, there are two circumstances under which a police officer would come to speak with you. In the first scenario, the officer arrives at your res-idence or wherever you are, in response to an emergency call. In this case, the officer’s first responsibility is to provide aid to you as a crime victim. This may mean driving you to the emergency room for medical treatment (if you aren’t seriously hurt), or simply interviewing you there. A second scenario is when an officer is called to the emergency room in response to
To Report or
Not To Report
Police First Response
WHAT HAPPENS IF I REPORT MY ASSAULT
TO THE POLICE?
11 a call from the medical staff. In this case, the initial interview will occur
in a private room at the hospital.
The responding officer will sit with you and ask you detailed questions about what occurred, where, when, and how. Many of the questions may feel invasive or difficult to answer. Well-trained officers understand how difficult it is to answer these questions, but if they are to aid in an investigation, they need as much detail as they can get. It might be helpful to have a knowledgeable advo-cate sit with you to provide support and to intervene in the event that the offi-cer makes inappropriate comments or asks biased questions.
The officer must also protect the crime scene, determine the type and circum-stances of the crime committed, as well as identify potential suspects and wit-nesses. After a preliminary survey of the crime scene, the responding officer will call in an investigator. In some cases of acquaintance assault there will be no “crime scene” per se, but there still should be an investigation. At the University of Virginia, you may request a plain clothes officer if you wish, so the situation will be handled more discreetly.
Upon his or her arrival, the investigator takes charge of the crime scene and is briefed about the incident by the responding officer. The investiga-tor will then interview the survivor and other witnesses, asking very spe-cific questions about the crime. The investigator will then collect evidence and document the crime scene.
After the investigator conducts interviews and gathers evidence, he or she then writes up a report that is then given to the Commonweath’s Attorney’s office. Physical evidence, including the PERK, is sent to Richmond for analysis. Your case is assigned a case number, which is some-thing you may want to know. You may request a copy of the police report for your own files. If you see any errors, or you remember any further information that will aid the police or Commonwealth’s Attorney, by all means inform the investigator. It’s not unusual for survivors to remember more details as time passes.
State law allows you to request that any identifying information regarding you or members of your family not be released to the public, including the media, parents (if you are over eighteen) or deans of the University. However, police are required by law and the Freedom of Information Act to release some information (deleting identifying details), including what occurred, where and when.
Investigation
Will My Name
Appear in the
Local Paper?
12
ALL SURVIVORS OF SEXUAL ASSAULT AND RAPE have three legal remedies open to them. The three primary options are:
u criminal prosecution
u civil suit for damages
u third-party report
These avenues are not mutually exclusive. First, it’s important that you not feel coerced into any action. Criminal and civil suits take time and may result in no conviction or loss of a suit. Yet, many survivors who have chosen either or both options have found the process to be empowering, regardless of the out-come. Criminal and civil procedures are very different, with distinct sets of rules. They are briefly described below, as are third party reports. However, it would be helpful to discuss these options with a sexual assault counselor, vic-tim-witness coordinator, a lawyer with experience in this area, as well as family and friends. Establish your support system in advance. These people are the same individuals you might rely on throughout the legal proceedings. IF YOU FILE A REPORT, and if the Commonwealth’s Attorney feels there is a reasonable case, criminal charges are brought against the assailant. It is also to your advantage to have evidence collected at the emergency room. If you reported after the 72-hour “window” for effective evidence collection, you may still report, and still go forward with prosecution. If charges aren’t filed, and you don’t agree with that decision, you may ask the magistrate to issue a warrant. Ultimately, the decision to prosecute is the Commonwealth’s.
Once you have given a report to a police officer, the case is assigned to an inves-tigator, usually a detective specially trained to handle sexual assault cases. In Charlottesville and Albemarle County you will also be contacted by a Victim-Witness Coordinator whose job is to guide you through the legal system. You may also request an advocate from SARA and/or the UVA Women’s Center (for UVA students) to accompany you on all interviews, etc.
If you decide to press charges, and if the Commonwealth’s Attorney decides there is enough evidence, criminal charges are brought against the assailant. If the location of the assailant is known, an arrest takes place, and a bond hearing is held the next business day.
It may seem very impersonal, but from this point on your role becomes solely that of “witness.” It is the state of Virginia (“the People”), as represent-ed by the Commonwealth’s Attorney, which brings charges against the
per-CRIMINAL
PROSECUTION
13 petrator, with your testimony serving as evidence. Your testimony is essential
to successful prosecution, but you will only be in the courtroom during the time you testify. This means that you may be sitting outside the courtroom for hours until you are called.
The preliminary hearing, like a trial, is open to the public and lasts about an hour. It is a probable cause hearing; guilt or innocence won’t be decided at this time. The prosecutor generally presents only enough evidence to establish the possibility that the assault occurred. Quite often, only the survivor’s testimony is necessary. So, in nearly all cases you must be present to testify. If you choose not to appear, it’s almost certain the case will be dropped. It’s normal to feel anxious before and during the hearing. It helps to prepare for this by practicing relaxation techniques and/or talking with members of your support system. Evidence presented at the preliminary hearing is reviewed by a Grand Jury. During this time, neither you, the attorneys, nor the accused are present in the courtroom. The Grand Jury makes a recommendation as to whether or not a trial should be set.
While both the prosecuting and defense attorneys may request “continuances,” the prosecution is limited by the constitutional right to a fair and speedy trial. Such limitations are not set on the defense, which is why many trials stretch out to as long as one year or more. This can be a very stressful time, since a court date may be set, a continuance requested, and the date postponed several times. As time passes many survivors begin to heal; memories change and any physi-cal injuries fade away. If you prepare yourself for this possibility, the emotional impact of any delays may not seem so extreme.
During the circuit court trial, you will be questioned on the witness stand as you were in the preliminary hearing. Although questions about a survivor’s past sexual history are not allowed, a defense attorney may ask you very personal questions, as well as the same ones that were asked in the preliminary hearing. It will be helpful to “practice” under pressure with your court advocate. Just as in the hearing, you must remain outside the actual courtroom until you are called in to testify.
If the assailant is found guilty, you may file a Victim Impact Statement with the judge prior to sentencing. This allows you to tell the judge how the assault has
Preliminary
Hearing-1 to 2
months after the
Bond Hearing
Grand Jury
Circuit Court
Trial-minimum 4-5
months after
pre-liminary hearing
14
affected you, and your family, emotionally and economically.
In Virginia, the jury determines the maximum sentence in a criminal trial. Rape and sexual assault charges, by law, range from a minimum of five years to life. The judge may suspend all or part of that sentence. All felony jury trials are bifurcated (the sentencing portion of the trial is separate from the proceding to determine guilt or innocence), so if the defendant is found guilty, the Commonwealth can introduce copies of the defendant’s record for the jury to consider during sentencing. There is no parole in Virginia for violent crimes. As a result, defendants generally serve 85% of their sentences.
A “Not-Guilty” verdict may be emotionally devastating and possibly very frightening for a survivor. However, in addition to focusing on your own heal-ing process, you can still brheal-ing further legal action against your assailant by fil-ing a civil suit.
LEGALLY, SEXUAL ASSAULT IS NOT ONLY A CRIME against the state, but also a civil dispute between survivor and assailant. You may win a civil suit in court or you may choose to negotiate a contract, or “settlement,”out of court even if you lose a criminal case. This means that two parties or their lawyers reach a legally binding agreement without holding a trial. In exchange for a promise not to sue or withdrawal of a pending suit, you may seek any or all of the following promises from the assailant:
u That he/she keep away from you;
u withdraw from the University (if a student);
u obtain counseling;
u apologize to you;
u pay your legal fees;
u compensate you for your medical or counseling expenses and for pain and suffering.
The first step is to consult a lawyer. Some lawyers offer a one-time, initial free consultation and will take this kind of case on a “contingency fee” basis. This means that the lawyer’s fee comes only from money received from the assailant as part of the settlement.
The decision to begin a civil suit, or stop one in process, is entirely your own. You don’t need to contact the police or Commonwealth’s Attorney since they are not involved.
It’s possible that the assailant may be willing to negotiate a settlement upon being notified by your lawyer that you intend to sue. If no settlement is reached at this point, the lawsuit begins when your lawyer files documents at the local
If the Assailant Is
Found Not Guilty
CIVIL SUITS FOR
DAMAGES
15 courthouse and notifies the assailant of the suit.
The lawsuit is now in the “discovery” phase. Each side assesses the other’s position. At this time, both you and the assailant are questioned by each other’s attorney. These questions are customarily asked in the privacy of a lawyer’s office. You would be asked questions by the assailant’s lawyer only in the pres-ence of your lawyer, who will advise you of any questions you don’t have to answer.
Many people simply don’t want the adverse publicity of a public trial, particu-larly if they fear the effects on their future careers, standing in the community, etc.
Second, the assailant may want to avoid a potentially large monetary judg-ment against him. A money judgjudg-ment is a legal docujudg-ment prepared at the end of a successful lawsuit, which says that the defendant (assailant) owes the plain-tiff (survivor) a specific sum of money as redress for the assault. In sexual assault cases, money judgments have ranged up to several million dollars. There are many ways to enforce that judgment, such as seizing property like real estate, cars, stocks, bank accounts and wages. If the debt is still not satisfied, the assailant must continue to pay until the judgment is paid in full.
Third, the assailant’s lawyer will probably tell him that his chances of losing a lawsuit are far greater than in a criminal case. In a civil case, you and your attorney need only convince the judge or jury that your version of the facts is “more likely than not,” and so your chances of winning a civil suit are greater than in a criminal trial.
For these reasons, the defendant may prefer an out-of-court settlement that offers financial terms he can afford, rather than risk the possibility of a finan-cially devastating money judgment.
In Virginia, a survivor has two years after an assault in which to begin a law-suit. Nevertheless, you should contact a lawyer as soon as possible. If you are unsure how to find a sensitive one, or one who would work on a contingency basis, call one of the resources in the “Can Anyone Help Me?” section of this booklet. A lawyer will probably advise you to make complete notes about the event, if you haven’t already. A diary recording your emotional distress and recovery can be useful. You will also be advised to avoid any contact with the assailant, if you can, and to notify your lawyer if the assailant tries to contact you.
Most importantly, there is a possibility that you could be sued for slander by the assailant if you make accusations that identify the assailant to anyone except these specific persons: the police, prosecutor, your spouse, lawyer, doctor,
Why Might the
Assailant Want to
Settle Out of Court?
The First Steps and
Cautions
16
licensed clergy member, or licensed psychologist. In this event, your lawyer would most likely ask the judge for a continuance until the conclusion of your own lawsuit against the assailant or until the criminal trial. This doesn’t mean that you shouldn’t speak with a sexual assault counselor, someone in the Women’s Center, or, if you are a student, with a dean or health care provider in Student Health. These are important sources of support. But conversations with these people are not protected by law. Because this kind of counter suit is an attempt to silence you through intimidation, you may want to consult with your lawyer and support system before making any quick decisions about what to do. If you are sued for slander, you may be able to settle the case by dropping your own lawsuit against the assailant. Or you may have to defend yourself in the suit by proving that your statements about the assailant are true. If the assailant wins his suit you may be forced to pay money damages to him.
THIRD PARTY REPORTS ARE AN EASY WAY to let authorities know that an assault has occurred, without disclosing one’s own identity. Basically, you may call the police, the sexual assault center, a women’s cen-ter, or any one of the various other resources listed in the back of this book-let and book-let someone know you wish to file a third party report. A report form may also be accessed via the web at: http://sexualassault.virginia.edu. The person who takes this report will ask some questions about general details of the assault and will then send it to the appropriate police depart-ment. The purpose of filing this kind of report is to alert the police to any potential patterns of assaults. Such reports also help people working to stop sexual assault develop more accurate statistics on the number of assaults occurring in the community. No arrests can be made based on information from a third party report. If you are concerned about filing a formal police report, this is a viable first step. You still may file a formal complaint after-ward.
AS A VICTIM, YOU MUST FACE A JUSTICE SYSTEM that formally ensures that the assailant is fully informed and advised throughout the judicial process. The Victim & Witness Assistance Programs of Charlottesville and Albemarle County have been created to offer you equal legal protection and to give you any help you may need as you go through the system. The services offered by the Victim & Witness Assistance Programs are much like those provided by sexual assault counselor/advocates. This program may be able to help you even if you live in nearby counties.
Both programs are designed to help you through any problems not directly related to the courtroom. For example, you may even call if you feel uncomfortable meeting with a police officer to report your assault.
THIRD PARTY
REPORTS
THE VICTIM/
WITNESS
ASSISTANCE
PROGRAM
17 Your case will be tried in the city or county court that has jurisdiction over
the geographic area of your assault. The location also determines which Victim/Witness Program will assist you. If you don’t know the location of your assault (such as in cases of abduction), either city or county police will investigate and try to determine which program to contact.
The Victim/Witness Assistance Program Coordinator can also help you apply for Crime Victims’ Compensation for any out-of-pocket expenses you may have had as a result of the assault against you.
THE UNIVERSITY OF VIRGINIA VIEWS SEXUAL ASSAULT AS A SERIOUS, VIOLENT CRIME that will not be tolerated in the University com-munity. According to University policy, the following acts constitute a violation: sex-ual intercourse, sodomy or sexsex-ual penetration with an inanimate object, the touching of a person's intimate parts (defined as genitalia, groin, breast or buttocks, or clothing covering them), or compelling a person to touch his or her own or another person's intimate parts without effective consent. This means that, according to official poli-cy, both parties "must show a voluntary agreement to engage in mutually agreed-upon sexual activity;" in other words, the person initiating sexual activity is responsi-ble for doing everything possiresponsi-ble to make sure that his or her partner is comfortaresponsi-ble with the activity. Failing to do so directly violates the University's standards. The University recognizes two distinct offenses, sexual assault and sexual misconduct: v Sexual Assault occurs when the act is intentional and is committed
either by a) physical force, violence, threat, or intimidation; b) ignoring the objections of another person; c) causing another's intoxication or impairment through the use of drugs or alcohol; or d) taking advantage of another person's incapacitation, state of intimidation, helplessness, or other inability to consent.
v Sexual Misconductoccurs when the act is committed without intent to harm another and where, by failing to correctly assess the circumstances, a person believes unreasonably that effective consent was given without having met his/her responsibility to gain effective consent. Situations involving physical force, violence, threat or intimidation fall under the definition of Sexual Assault, not Sexual Misconduct.
Essentially, the difference between assault and misconduct comes down to whether or not the assailant can be shown to have intended harm. It is impor-tant to keep in mind that every assault is a serious violation of a survivor's body, rights, and safety, regardless of the category under which it is officially classified. The intention behind the two-fold definition is not to minimize the significance of any survivor's experience, but rather to create a system that can deal more effectively with a broader range of circumstances, and hopefully achieve better outcomes for the entire University community.
City vs. County
Jurisdiction
FOR UVA
STUDENTS ONLY
18
In addition to criminal or civil litigation, which the administration strong-ly encourages, students have four additional administrative options for reso-lution of their sexual assault cases. All of these procedures are confidential. vProcedures Based on the Filing of a Formal Complaint:
-hearing by the Sexual Assault Board; -structured meeting
vInformal Procedures: -mediation;
-assistance in meeting with the Commonwealth's Attorney's Office to learn the results of the criminal investigation and to better understand any decision not to prosecute the case.
The Sexual Assault Board (SAB) is a committee comprised of administrators, faculty, and students. You may request a hearing before the board by filing a complaint with the Office of the Dean of Students within one year after the assault. In order to fall within the jurisdiction of the SAB, the accused must be a University student, and the assault must have been committed:
v against a person on University-owned or leased property or at a University-sponsored or supervised function, or
vagainst any University student, facutly member or staff person at the local residence of any student, faculty member or employee within the City of Charlottesville or Albermarle County.
Once a complaint has been filed, both parties will be referred to a pool of trained advisors. Typically, your advisor is the Director of Sexual and Domestic Violence Services, although you may choose someone else from the pool of trained advisors. The advisor supports you throughout the hearing process and help you to prepare your case, such as your Victim Impact Sttement and list of witnesses.
Subsequently, a report is compiled by an investigator appointed by the Vice President for Student Affairs, who will determine whether there is sufficient evi-dence to go forward with a hearing.. If a hearing is held, the investigator sends a copy of the report to the Sexual Assault Board, along with a recommendation as to whether the accused should be charged with sexual assault or sexual mis-conduct.
The SAB panel will consist of at least three people: two faculty/adminis-trators and one student. The panelists will have read the written materials submitted in advance by both parties, and they will question you, the accused, and any witnesses until they feel that they have gathered as much information as possible. They then meet privately and make a determination of guilt or inno-cence, based on whether the evidence was "clear and convincing," which is not as strict a standard as in a criminal trial. If the initial investigator recommended that the case be tried as a sexual assault, the panel will begin by considering that charge, but if
Hearings By the
Sexual Assault
Board (SAB)
19 they fail to find enough evidence to establish that the assailant intended harm, they may
still find him/her guilty of sexual misconduct.
Punishments for convicted assailants include the full range of Judiciary Committee sanctions, from reprimand to explusion from the University, regardless of whether the assailant was found guilty of assault or misconduct. If the assailant is found guilty of sexual assault, however, the panel is required to consider expulsion, and if they choose not to expel, they must provide a written justification of that decision. Either party may appeal the panel's verdict to the Judicial Review Board.
.
Students who do not wish to pursue a formal adjudication before the Sexual Assault Board, but who want to file a formal complaint with the Office of the Dean of Students, may request a Structured Meeting. This is an opportunity for the complainant to confront the accused and communicate their feelings and perceptions regarding the incident, the impact of the incident and their wishes and expectations regarding protection in the future. The accused has an opportunity to respond. The SAB Chair presides over Structured Meetings, and is assisted by another member of the Sexual Assault Board or senior staff of the Office of the Dean of Students.
A Structured Meeting cannot result in a formal sanction involving suspension or expulsion of the accused; however, along with other investigative information, it can be the basis for pro-tective action by the Office of the Dean of Students to assist the you in feeling safe and sup-ported in the University community. If you ask for a Structured Meeting then you would not be able to have Formal Adjudication with the SAB. Your request must be in writing and include a waiver of Formal Adjudication before the Sexual Assault Board
Mediation allows both you and the accused to discuss your respective under-standings of the assault with the guidance of a trained professional. The goal is to facilitate a resolution of the incident to the satisfaction of both people, and to produce a written agreement to which both are bound.
Unlike hearing before the SAB, there is no statue of limitations for mediation. If you feel mediation is an option that would work for you, file your request with the Dean of Students.
The University encourages survivors to report their assaults to the police. Some cases are not prosecuted, however, leaving survivors without a clear understand-ing of the results of the criminal investigation, procedures and grounds for the decision. In this case, you may request the Dean of Students to ask a senior mem-ber of the Dean’s Office or of the Office of the Vice President for Student Affairs to go with you to meet with the Commonwealth’s Attorney to gain a better understanding of this decision. The Director of SDVS or another person can also go with you. This option is compatible with the filing of a formal complaint with the Office of the Dean of Students or request for subsequent mediation.
Structured
Meetings
Mediation
Assistance with the
Commonwealth’s
Attorney
20
SEXUAL ASSAULT IS A VIOLENT OR COERCIVE INVASION of personal privacy and space, and can be a humiliating and a terrifying experience. Sometimes, victims fear for their lives. In other cases, sexual activity without consent may not have violent overtones, but can still rad-ically affect the survivor in all aspects of life. The experience of sexual assault has different meanings for different people. Survivors typically experience a variety of behavioral and emotional reactions, based on their experiences, their support systems, and the actual assault.
Survivors often withdraw from other relationships because of their feel-ings of fear or humiliation, or because they feel responsible for what has happened to them. Ordinary activities such as grocery shopping, study-ing, going to class or work, or just being with friends may become extremely difficult to maintain. You may feel crazy and out of control, but this may be normal given your recent experience or past experiences.
u can’t concentrate in class;
u have intrusive memories of the assault (think about it all the time);
u are afraid you’ll see—or do see—the assailant everywhere you go;
u can’t cry or can’t stop crying;
u eat everything in sight or nothing at all;
u increase your alcohol or drug consumption;
u avoid your friends;
u never want to get out of bed;
u don’t trust anybody;
u have nightmares; u can’t sleep; u feel paranoid; u feel depressed; u feel suicidal; u feel helpless;
u can’t make decisions about the simplest of things;
u feel sad or afraid all the time;
u want to forget or escape;
u feel rage;
u have other physical symptoms:
This may mean
that you:
21 nausea, diarrhea, muscle tension, anxiety, difficulty breathing,
trouble urinating, pain during consensual sex, feel dirty and want to wash constantly, and/or have panic attacks.
Feelings vary: you may experience some or all of these symptoms, com-pletely different ones, or feel nothing at all. Feeling numb or “blank” is a common reaction and a defense against being overwhelmed or a sense of losing control. These reactions to your assault have a name: Rape Trauma Syndrome, although many experts prefer to use the term Post Traumatic Stress Disorder, or PTSD. It means that you experienced a trauma or a significant, terrifying event.
Following a sexual assault, you may discover that your way of life has been disrupted or changed in a variety of ways. You may think about changing jobs, moving, changing your field or major (especially if the assailant is in your department), or transferring to another school. Some survivors become afraid of spending any time alone, while others are afraid of crowded situations.
Feeling out of control or fearful of other situations may occur all at once or once in a while. Some people may try to block other intense feelings and painful memories by becoming very busy or involved in activities. Others may need to talk about the assault and their feelings about it all the time. All of this is part of PTSD.
Many survivors of sexual assault have found support and understanding in talking with other survivors to see how they have reacted to their own experiences of sexual assault. The list of reactions to sexual assault on page 24 may help you understand your experience and know what you might expect.
Due to the unfair way society and the criminal justice system views sex-ual assault, it’s certainly understandable if you feel some degree of guilt. These feelings can be especially powerful if you knew your assailant. You might feel guilty because you were unable to stop or prevent the assault, or you feel that you “should have seen it coming,” or perhaps you had too much to drink. You might feel responsible because you are in a relation-ship with this person, and it’s not the first time you were assaulted by him; you finally just couldn’t take the abuse anymore, or you were battered along with the sexual assault. Or, perhaps it’s not the first time you were
22
assaulted, and you feel that somehow you are a marked target for life. What is most important to keep in mind is that you have choices. Restoring your sense of control is important. One way to start feeling in control again is to realize that you have choices about your medical treat-ment and legal procedures. Your decision to pursue healthy choices is one of the first steps in healing.
u It’s wasn’t your fault. No one asks to be raped or assaulted.
u This is the one crime where you may be treated as though you are the guilty one.
u Others may try to make you feel responsible for what happened to you because of their own feelings of vulnerability.
u Being vulnerable and/or intoxicated is not an excuse for someone to assault you.
u Rape or sexual assault is not an act of sex or lust—it’s about aggression, power, and humiliation, using sex as the weapon.
u The rapist’s goal is domination, so saying “no” or even physical resist-ance may not have prevented the assault. This act is the responsibility of the rapist, and the rapist alone.
u Focus on things you can control and choices you are able to make.
There’s no easy answer to that question. Each person will recover at her/his own pace. “OK, so now what?” you ask. “How do I make it go away???” Perhaps you’re looking for a quick fix to the problem, or a magic wand, or someone to “make it disappear.” Unfortunately, it’s not that easy. The good news is that you CAN recover, and in fact, you’ve already begun your recovery by reading this book. Talking about your feelings and expe-riences is also part of your recovery—a large part of it.
Healing can be fostered by developing a network of support. Not every-one has understanding friends or family, yet there are ways to find the support you need. It may be difficult to know whom to trust or who will really listen and understand how you’re feeling. There are many peo-ple who can help you during your healing process. In fact, research shows that the sooner a survivor can speak of her/his experience in a supportive environment, including with family, friends, and professional counselors, the more rapid and thorough the healing process. Counselors are available at the UVa Women’s Center, Counseling and Psychological Services (CAPS), and SARA.
Many rape and assault survivors find it helpful to talk with a sexual
During your healing,
the important things
to remember are:
How Long Will I
Feel This way?
Will Anyone Else
Really Understand
How I Feel?
assault crisis counselor. These counselors are trained to listen and under-stand Rape Trauma Syndrome. They can help you sort out your options and can refer you to support groups for survivors or individual counsel-ing. If you want to make sure a counselor knows how to help you, ask if she or he has had training in sexual assault issues.
Although it may feel hard to reach out for help, there are many resources in the Charlottesville/Albemarle County area for survivors of sexual assault. You will find them listed on page 44 (“Who Can Help Me?”)
The Hidden Goddess whispers inside: i am enough for myself transcending oppression is a journey from pieces of pain to peace
ancestress will guide you to her she opens the door, you must go in listen to your dreams look deeper at your
ancient garment can you feel her power? It’s greater than survival
this creative power to bloom beyond hurt
“SABA FOR THE HIDDEN GODDESS”
BY KATHERINE BANKOLE
can you know her power?
It’s greater than cursing the oppressor this endless ritual of blessing the womansplace
she is not hard to find or feel or know she is the mountain inside
she is the woman’s sacred charm Find the Hidden Goddess she is witness that:
you are enough for yourself
Emotional Shock
I feel so numb. Why am I so calm? Why can’t I cry?Disbelief
Did it really happen? Why me? Maybe I just made it up.Embarrassment
What will people think? I can’t tell my family or friends.Shame
I feel so dirty, like there is something wrong with me. Now I’m damaged goods.Guilt
I feel as if it’s my fault, or I did something to make this happen. If only I had...Depression
How am I going to get through this semester? I’m so tired. I feel so helpless. Maybe I’d be better off dead.Powerlessness
Will I ever feel in control again?Disorientation
I don’t even know what day it is, or what class I’m supposed to be in right now. I keep forgetting things.Triggers
I keep having flashbacks. I’m still reliving it. I see his face all the time, or taste or smell things for no reason.Denial
It wasn’t really rape.Fear
I’m scared of everything. What if I’m pregnant?Could I get an STI or AIDS? How can I ever feel safe again? Do people realize there’s anything wrong with me? I can’t sleep because I know I’ll have nightmares. I think I’m going crazy.
Anxiety
I’m having panic attacks. I can’t breathe! I just can’t stop shaking. I can’t sit still in class. I feel over-whelmed. I can’t study.Anger
I want to kill him!POSSIBLE REACTIONS TO SEXUAL ASSAULT
25 SURVIVORS OF SEXUAL ASSAULT EXPRESS A SPECTRUM OF
FEARS, and have a legitimate concern for their safety. These fears are normal, and each person will need her/his own time to heal and to feel safe again. Some people are afraid at home (whether or not the assault occurred there), and some may be afraid when they go out. They may fear being alone while at the same time have a need to isolate themselves. Some feel mistrustful of others; this is especially true for those who knew their assailant. These feelings will go away, but it will take time for them to subside. Staying with a close friend or supportive relative for a while may be helpful. Talking with a sexual assault counselor can be a vital con-nection that can help you through this difficult time.
It is not uncommon after a sexual assault to want to purchase a weapon. Weapons can foster dependence on an external object for protection or can be taken away and used against you. Some people, especially those who are trained in the use of weapons, still find this to be a viable choice. A more empowering alternative to weapons may be to enroll in a self-defense course. You can turn fear into anger and anger into action by learning how to use awareness, assertiveness, and physical action to defend yourself. Learning self-defense is one way of dealing with fear and anxiety. It can empower you and help you heal more quickly from the assault. Being familiar with self-protection strategies may help you regain a feeling of security and self-reliance.
The ideal self-defense class is geared toward the concerns and needs of women, or, if coed, has instructors trained in sensitivity to survivors. There are few, if any, classes geared to male survivors, but some self-defense instructors are willing to arrange a course. Most martial arts schools offer self-defense components for all students. However, most practical feminist-inspired self-defense courses offer sensible, effective strategies that a woman, regardless of physical status, can choose to use or not, depending on her situation at the time. One of the most practical classes to consider taking is assertiveness training. You may find that the skills you learn in this kind of workshop have a vast array of logical appli-cations to daily life issues and enhance self-esteem as well. To find these classes, consult with the resources listed in the back of this handbook, “Who Can Help Me?” or consult your sexual assault center for recom-mendations.
26
Another effective method for calming these fears is called systematic desensitization. With the help of a partner or close friend, make a list of the things you are afraid of doing. Put the things you fear least at the top of the list and end with activities you fear most. Take a few deep, relaxing breaths, and then imagine yourself doing the first thing on the list. Try to keep your body relaxed as you visualize successfully completing the activ-ity. Proceed to the next item on the list only if you feel relaxed and able to do so. Take as much time as you need to work through each listing.
The next step is to try the activity, first with a friend and later alone, if you feel it is safe to do so. Confronting each fearful situation at your own pace will help empower you to live without the fears and constraints that naturally occur following an assault.
Fear and mistrust are very normal, natural, and common reactions to a sexual assault. You may think you could have prevented the assault, but the responsibility for sexual assault lies with the offender, even if you knew him.
May I never remember reasons for my spirit’s safety
may I never forget the warning of my woman’s flesh
weeping at the new moon may I never lose
that terror that keeps me brave
May I owe nothing that I cannot repay. My skin is tightening
soon I shall shed it like a monitor lizard like remembered comfort
at the new moon’s rising I will eat the last signs of my weakness remove the scars of old childhood wars
and dare to enter the forest whistling like a snake that has fed the chameleon
for changes I shall be forever
27 THE FOLLOWING INFORMATION IS FOR ALL FRIENDS AND
LOVED ONES of sexual assault survivors: friends, famiy members, mar-ried or unmarmar-ried, heterosexual, lesbian or gay. Whatever the status of your relationship, there are feelings and reactions commonly experienced by the significant other of someone who has survived sexual assault. You are not alone.
You may find yourself confused about sexual assault and wonder if the survivor could have prevented it. You might find it difficult to listen when she/he wishes to talk about certain aspects of the assault. You may find yourself wishing it “would just go away.” You might be hesitant to let oth-ers know about the assault for fear of how they may react to you or to the survivor. You may experience feelings of guilt and responsibility, believing that somehow you could have prevented the assault. It is not uncommon to feel anger toward the survivor and at others around you, or harbor a need for revenge against the assailant.
If you are the intimate partner of a survivor, you might also feel uncer-tain about how to raise the issue of physical intimacy. Your cultural or reli-gious values regarding sex, sex roles, and codes of behavior may conflict with your intellectual understanding of the assault.
All of these feelings are understandable when someone you care about has been sexually assaulted. The important thing to remember is that these feelings need to be recognized and addressed, both by you and by your partner, so as not to create further distress in an already critical situ-ation.
Rape and sexual assault are not acts of sexual desire, but are acts of vio-lence using sex to dominate and/or humiliate the victim. Many people confuse this violence with sex because the same body parts are involved in sexual assault as in making love. Therefore, some people respond to a sur-vivor of a sexual assault as if she/he had provoked, wanted, or enjoyed it. To the contrary, the assault leaves the survivor with a deep sense of viola-tion and emoviola-tional trauma. Not understanding the reality of sexual assault can make the crisis more difficult for both you and your partner.
Many significant others believe they must do something to help their loved one get over the pain. Often there is not much you can do directly. The pain is inevitable and can take months or even years for the survivor
FOR THE SIGNIFICANT OTHERS
OF SEXUAL ASSAULT SURVIVORS
28
to completely work through. However, the following guidelines can help both you and the survivor get through some of the difficulties you may experience following the assault:
u Educate yourself about sexual assault and the healing process.
u Listen to and validate any feelings the survivor may be experiencing.
u Listen to and express your own feelings regarding the assault.
u Don’t ignore what happened or try to smooth it over and “make it bet-ter.”
u Respect the time and space it takes to heal. Patience and acceptance are essential.
u Ask the survivor what he/she wants and needs and follow through.
u Encourage the survivor to seek support, and provide unconditional support for the decisions she/he makes.
u Seek support yourself. Sexual assault hotline counselors and other pro-fessionals are available to you as well as to your loved one.
The emotional impact of sexual assault does not just “disappear” for either you or the survivor. Feelings of fear, anger, confusion, guilt or powerlessness are normal. Talking about these feelings will help. Remember to give both you and your significant other the time and space you each need to heal.
I won’t give up
because I have a spring of life around me I want to share with those who surround me. I will not give up
because there is a lesson I must complete and lessons I must share.
I don’t give up
because I know I am the spring of new life from my ancestors who went before me. I can’t give up
because they keep me standing tall with life and love to hold up this temple.
I almost gave up
when I thought I had lost control of my life and the world seemed free of me. I almost gave up
when I cried my tears of anguish weeping for a comforting word. I almost gave up
when I pulled in my fears and anguish to protect my youngest offspring.
But, she wouldn’t let me give up because she heard my despair and sent me a lifeline of blossoms
29 AS A STUDENT AT THE UNIVERSITY OF VIRGINIA, most of the
information in this booklet will be an important reference for you. However, there are some characteristics and resources particular to the University that you should know about.
By now you have probably noticed that alcohol plays a large role in the student culture at UVa. Recent studies by the Institute for Substance Abuse Studies have shown that our undergraduate students use illegal drugs at a slightly lower rate and alcohol at a somewhat higher rate than students at other colleges and universities. Because alcohol is so often involved in acquaintance rape and other sexual assaults, it may have played a role in your assault. You and/or the person who assaulted you may have been drunk. You may have even blacked out and not remember much detail. As you work through the many conflicting feelings that are normal in the aftermath of sexual assault, you may blame yourself, espe-cially if you think that you were irresponsible in your alcohol use. No amount of alcohol consumed by either person justifies a sexual assault. You are responsible for your conscious alcohol use, but you are not to blame for having been raped or otherwise assaulted while you were under its influ-ence. Having sexual contact with someone who is too intoxicated to say “no” is considered sexual assault or rape at the University of Virginia.
You may also wonder if you were drugged with a “date rape” drug. There are a number of drugs that are used to incapacitate victims for the purpose of rape or sexual assault, and that list is constantly changing. If you suspect this is the case, or if you were not tested for the presence of drugs at the time of your assault, you may want to discuss this issue with a counselor, in order to come to terms with it. Some drugs, such as “roofies” (Rohypnol, or flunitrazepam) or Klonopin/Rivotril (Clonazepam) cause total memory loss so you may not really know what happened or with whom, which can be difficult to reconcile. Pharmaceutical drugs such as these, or “designer” drugs such as Ecstasy or GHB (Gamma Hydroxybutyrate) are easy to administer and have a quick effect. Yet, even a large consumption of alcohol, or the combination of alcohol with more common drugs such as Valium, can feel like Rohypnol or Ecstasy.
Alcohol and Drugs
in this Culture
Drug-Facilitated
Sexual Assault
30
You may have already spoken to your closest friends and family members about the assault and found varying degrees of support. Each person close to you will have his or her own adjustment to make when hearing about your experience. Some will be more helpful to you than others. Some may even disappoint you, but most will try to help the best way they can. If you are a member of a sorority, fraternity, athletic team, live in a residence hall suite, or another tightly knit group, you may be surprised by the support available to you there. However, your situation may be complicated by your having friends in common with the person who assaulted you. These friends may feel as though they are “choosing sides” if they offer you substantial support. You will be the best judge of whom to count on during this difficult time and how many people you want to tell. Having close friends and family as confidantes can be important to your recovery. Share the information in this booklet with them, particularly the section, “For the Significant Others of Sexual Assault Survivors” on page 27. They may find it helpful. They may also want to get counseling for themselves, in order to be able to support you. The section “Can Anyone Help Me?” (page 44) outlines the University and community resources available to you for counseling, legal, educa-tional, and security services. In addition to these, there are several other sources of support that you should know about:
As part of their training, resident staff members learn about sexual assault and its accompanying issues. If you need them to help you find answers to your questions, or if you just need someone to listen, they can be an important resource. If you feel unsafe or uncomfortable because your assailant lives in your residential area, your resident staff can help you arrange permission to move to another area on Grounds. They can also solicit the help of the University Police or a dean in the Office of the Dean of Students at your request.
It is not at all unusual for survivors of sexual assault to notice an inabili-ty to concentrate and an ongoing sense of distraction. This especially affects their ability to pay attention in class, to study, and to meet aca-demic requirements that they are otherwise very capable of doing. It’s important that you not ignore these problems if they arise. Intervention can be arranged if you speak with someone as soon as possible. Professors are usually willing to arrange alternate test dates and extensions of dead-lines with you when someone from either your academic dean’s office or
Friends and Family
University
Resources
Resident Staff
31 the Office of the Dean of Students lets them know that you are
experi-encing “extenuating circumstances.” They usually accept this explanation without requiring specific details about your situation. In order to arrange this assistance with your professors, you can contact either someone in your school:
u College of Arts & Sciences
Undergraduate Association Deans 434-924-3672
Graduate A&S 434-924-6739
u School of Architecture 434-924-3937
u Curry School of Education 434-924-0740
u Darden School of Business 434-924-3098
u Engineering 434-924-3164
u School of Law 434-924-3737
u McIntire School of Business 434-924-3865
u School of Medicine 434-924-5579
u School of Nursing 434-924-0067
OR:
u Office of the Dean of Students 434-924-7133
u Counseling and Psychological Services (CAPS) 434-924-5556
u Sexual and Domestic Violence Services 434-982-2774
u International Studies Office 434-982-3010
Survivors of sexual assault are often reluctant to talk to anyone about their assaults, especially a member of the faculty or administration. However, each of the resources mentioned in this chapter is accustomed to helping students with serious personal issues and in maintaining such information in confidence.
Health care providers are available to assist you in any way they can through the Divisions of Gynecology, General Medicine, Counseling and Psychological Services, and Health Promotion. Short and long-term fol-low-up care, including gynecological exams, general physical exams, treat-ment, and counseling/referral, are available. You have pre-paid profes-sional services through your tuition and fees. If laboratory tests are need-ed, there is a charge for them. All medical records are absolutely confi-dential. You may walk into CAPS without an appointment Monday–Friday, 8am–5pm and ask to speak to the on-call clinician. Evenings and weekends, you can contact the on-call CAPS counselor through their answering service at 434-972-7004.
