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Sexual Assault, Stalking and Harassment

Sexual Assault, Stalking and Harassment. Major Jim Miles USC Law Enforcement & Safety. What is her background? Who has she had sex with? What has she got to gain by claiming this? What are her drinking or drug habits? How was she dressed? Why was she drinking?

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Sexual Assault, Stalking and Harassment

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  1. Sexual Assault, Stalking and Harassment Major Jim Miles USC Law Enforcement & Safety

  2. What is her background? • Who has she had sex with? • What has she got to gain by claiming this? • What are her drinking or drug habits? • How was she dressed? • Why was she drinking? • These are just a few questions people ask instead of asking

  3. How do we take care of her? • What does she need? • Does she want police involvement (they’ll have their own questions)? • Is there ANYTHING we can do?

  4. Statistics The following statistics were via the New York University Student Health Center: ■One in 4 college-aged women report experiences that meet the legal definitions of rape or attempted rape. ■One in 5 college women are raped during their college years. ■Most survivors of sexual assaults are full-time students. Approximately one-third of them are first year students between 17-19 years old. ■In survey of 412 college students, it was found that 11.7% of gay or bisexual men and 30.6% of the lesbian or bisexual women indicated that they had been forced to have sex against their will at some point in their lives. ■81% of women who were stalked by a current or former partner were also physically assaulted by that same partner (US Department of Justice, 1998) ■ 80-90% of sexual assaults are perpetrated by individuals known to the survivor. ■85% of rapes are committed by a person the victim knows. ■In a recent study by the National Institute of Justice, survivors of rape knew their attackers as: Fellow classmates (35.5%) Friends (34.2%) Boyfriends or ex-boyfriends (23.7%) Acquaintances (2.6%)

  5. Statistics Cont. ■One in 12 college men admitted to committing acts that met the legal definition of rape. ■More than one in 5 men report “becoming so sexually aroused that they could not stop themselves from having sex,” even though the woman did not consent. ■35% of men report some likelihood that they would rape if they could be assured they wouldn’t be caught or punished. ■81% of on-campus and 84% of off-campus sexual assaults are not reported to the police. ■Fewer than 5% of attempted/completed rapes are reported to law enforcement. ■Nearly 60% of rapes occur in the survivor’s residence hall. ■52% of reported rapes/sexual assaults occur after midnight; 37% occur between 6pm and midnight. ■In a survey of students at 171 institutions of higher education, alcohol was involved in 74% of all sexual assaults.

  6. Sexual Assaults • Criminal Sexual Conduct- • First Degree 16-03-0652 • Second Degree 16-03-0653 • Third Degree 16-03-0654 • CSC Third Consist of the Following Elements: • Actor must engage in “Sexual Battery” and • Uses force or coercion to accomplish the battery or • knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery

  7. S.A. Cont. LEGAL DEFINITIONS: "Sexual battery" sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes. "Aggravated coercion" threatens to use force or violence to overcome a victim, if the victim reasonably believes that the actor can carry out the threat, or threatens to retaliate in the future "Aggravated force" actor uses physical force or violence to overcome the victim or includes the threat of the use of a deadly weapon. "Intimate parts" primary genital area, anus, groin, inner thighs, or buttocks of a human being and the breasts of a female human being. "Mentally incapacitated" person is rendered temporarily incapable of appraising or controlling his/her conduct produced by illness, defect, the influence of a substance or some other cause. "Physically helpless" person is unconscious, asleep, or for any reason physically unable to communicate unwillingness to an act.

  8. Harassment Harassment First Degree 16-3-1700 (A) Harassment Second Degree 16-3-1700 (B) Harassment is : a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his/her position to suffer mental or emotional distress. Definitions: "Pattern" means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose.

  9. Stalking • Stalking 16-3-1700 (C) • "Stalking" means a pattern of words, whether verbal, written, or electronic, or a pattern of • conduct that serves no legitimate purpose and is intended to cause and does cause a targeted • person and would cause a reasonable person in the targeted person's position to fear: • (1) death of the person or a member of his family; • (2) assault upon the person or a member of his family; • (3) bodily injury to the person or a member of his family; • (4) criminal sexual contact on the person or a member of his family; • (5) kidnapping of the person or a member of his family; or • (6) damage to the property of the person or a member of his family. • "Electronic contact" means any transfer of signs, signals, writings, images, sounds, data, • intelligence, or information of any nature transmitted in whole or in part by any device, system, • or mechanism including, but not limited to, a wire, radio, computer, electromagnetic, • photoelectric, or photo-optical system

  10. Stalking/Harassment Definitions: "Electronic contact" means any transfer of signs, signals, writings, images, sounds, data, intelligence, or information of any nature transmitted in whole or in part by any device, system, or mechanism including, but not limited to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system "Family" means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person. "Family" means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person.

  11. Violence • What is an act of violence that we are speaking of? • Sexual assault • Relationship violence • Stalking

  12. RESPONSE • (see list of membership organizations and resources) • Once the victim comes forward to a resource, then a plethora of aid is made available or deployed • Scenario

  13. Scenario • Victim is taken to the hospital for a rape • She does not want this to be anonymous reporting • Is a USC student. Incident happened at the ABC Apartments off campus • Her roommate is with her • How would we respond?

  14. Scenario • Boyfriend of USC female share a child in common. • He comes over to the XYZ Dorm and strikes her about her face causing visual contusions • He is captured by law enforcement in the lobby • Who responds? When and why?

  15. FREE Open to all student, faculty and staff Free Women’s Self Defense Classes Visit: http://www.sa.sc.edu/shs/savip/events/ for Dates, Times and Locations

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