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GUIDE FOR STUDENTS
CONCERNING RAPE, SEXUAL ASSAULT, OR ACQUAINTANCE RAPE
Definitions
Rape is a violation of Pennsylvania State Law, a felon of the first degree
and defined as when a person engages in sexual intercourse with another
person:
o by forcible compulsion;
o by threat of forcible compulsion that would pre- vent resistance by
a reasonable resolution;
o with a person who is unconscious;
o who is mentally deranged or deficient and inca- pable of consent
Sexual Assault is a violation of Pennsylvania State Law, misdemeanor of
the second degree/and or a violation of the King's College Student Conduct
Code. Sexual assault is defined as any action in which one person forces
another to engage in sexual activity against one's will or consent, or
involves the threat or the actual physical contact of a sexual nature.
Acquaintance Rape is a violation of Pennsylvania State Law, a felony of
the first degree and a violation of the King's College Student Conduct
Code. Acquaintance rape is using physical force, emotional bargaining,
blackmail or "mind games" to force sexual intercourse, fondling,
kissing, holding, etc., or any sexual contact forced on a person against
their will or consent by a person known.
Assent does not constitute consent if such assent is given by a person
who, because of youth, mental disease, deficiency or impairment due to
alcohol/drugs, is unable to make a reasonable judgment concerning the
nature or harmfulness of the activity.
In all cases NO does mean NO.
I. WHAT CAN YOU DO
IF YOU ARE RAPED OR SEXUALLY ASSAULTED?
o Get to a safe place as soon as possible.
o Preserve all physical evidence. Do not wash, use the toilet, or change
clothing, if you can avoid it. If by chance you do change clothes, put
all clothing you were wearing at the time of the assault in a paper bag,
not a plastic bag.
o Talk with a representative from the campus Counseling Center who will
maintain confidentiality, help explain your options, give you information,
and provide emotional support. On campus you can call the Counseling Center
at 208-5873, or off campus, the Victim's Resource Center at 208-0765.
o Contact the Security Services Department by Dialing "0" from
an in-house phone or 208-5900 from an off-campus phone.
o Get medical attention as soon as possible. This is also done to treat
any immediate physical injuries and to collect important evidence in the
event that you wish to take legal action in the future.
o Contact someone you trust, a close friend, or a resident assistant,
to be with you and support you through the various steps.
II. MEDICAL TREATMENT
It is important to seek immediate medical attention for several reasons.
First, to assess and treat any physical injuries you may have sustained;
second, to determine the risk of sexually transmitted diseases or pregnancy;
third, to gather evidence which would aid in criminal prosecution. Physical
evidence should be collected immediately by qualified law enforcement
personnel, preferably within the first 24 hours. It may be collected later
than this, however, the quality and quantity of evidence may be diminished.
Immediate Emergency
Services
A special exam conducted by proper medical practitioners should be conducted
as soon as possible following an assault. Even if you have not been seriously
physically harmed, this special exam is recommended to maintain all legal
options. After the evidence is collected, it may be stored by an emergency
department physician or gynecologist. A nurse is present throughout the
procedure and a support person of your choice can also be present.
NOTE: Ordinarily,
the police will be contacted by hospital personnel whenever they provide
treatment for injuries resulting from a crime. If you seek treatment at
a local hospital and the police are contacted, this does not mean that
you have to proceed with criminal charges.
Transportation
A member of the Student Affairs Staff will make the necessary arrangements
to transport sexual assault victims to the hospital.
Non-Emergency Medical
Procedures
Even if evidence has not been collected at the hospital, it is still important
to get medical attention. An exam in this case will include treatment
of any physical problems and various lab tests for sexually-transmitted
diseases and pregnancy. This non-emergency treatment can be arranged on
campus by calling the Student Health Center at (570) 208-5852. The center's
hours are 8:30 a.m. - 4:30 p.m., Monday through Friday, when classes are
in session.
III. COUNSELING AND
EMOTIONAL SUPPORT
On Campus
You can contact a member of the King's College Counseling Center during
regular office hours, Monday - Friday, 8:30 a.m. - 4:30 p.m., by dialing
208-5873, or extension 5873 from an in-house phone, or by visiting the
Counseling Center, which is located on the 6th floor of the Administration
Building. Counselors are also available after business hours to intervene
in a crisis situation and to provide you with information about your options,
including medical assistance. After normal operation hours, call the switchboard
208-5900 for assistance.
The Counseling Center at King's College can provide safe, confidential
support for you during this difficult period. They can discuss coping
methods that may assist you immediately following the assault or later.
Just talking to a counselor may help you to sort through feelings and
decide what to do. Sexual Assault Response Coordinator (SARC) will be
a member of the counseling center staff designated by the director of
counseling center. The SARC will coordinate services for victims of sexual
assault that are available on and off campus and work with college security,
local police, the Victim Resource Center and other college offices and
local agencies.
Off-Campus
The Luzerne County Victim's Resource Center is a local rape crisis center
with a 24-hour emergency hotline, 829-1341. Trained personnel can provide
information and confidential counseling to those who have been sexually
assaulted. The Victim's Resource Center also provides medical and legal
accompaniment and offers support groups for survivors of rape, incest,
and other forms of sexual abuse.
IV. REPORTING TO COLLEGE
SECURITY AND SAFETY
This can be done immediately following an incident by calling the switchboard
at 208-5900. If you decide at a later date to report an incident that
recently took place, you can call the director of security at 208-5926
or 208-5900 and ask for the officer on duty. The purpose of reporting
to security is to:
1. Obtain the necessary medical assistance and emotional support.
2. Protect yourself and others from future victimization.
3. Apprehend the assailant.
4. Seek justice for the wrong done to you. If you choose to report the
incident, a security officer or a pair of security officers will take
a statement from you regarding what happened. They will ask you to describe
the assailant(s) if you do not know them or to identify them if you are
acquainted. They may ask questions about the scene of the crime, any witnesses,
and what happened before and after the incident. You may have a support
person with you during the interview.
Confidential Reporting
Victims of sexual assault or rape are encouraged to report the incident
to college staff. The victim may report incidents of sexual assault or
rape in a confidential manner to a member of the Counseling Center, Campus
Ministry, college professional staff member or faculty in a confidential
setting. Confidential reporting is commonly referred to John or Jane Doe
reporting. Confidential reports permit the victim to receive appropriate
assistance and support while letting college officials know that the incident
took place. The counselor or staff member will report that an incident
took place excluding the name of the victim but including the time, location,
and description of the incident and accused assailant or description with
the permission of the victim.
NOTE: Reporting the
incident is a separate step from choosing to prosecute. When you file
a report, you are not obligated to continue with legal proceedings or
college disciplinary action. Remember, you can choose whether or not to
participate in proceedings at any point. (For more details refer to your
Student Handbook, Section L. General Rules of Procedure, point #8.)
The Security Services Department is required by law to contact the local
police any time a crime has been committed. Security will probably give
the city police a copy of their report or, if you are thinking of filing
a criminal complaint, they may ask a local police detective to be a part
of the interview process. This does not mean you have to proceed with
criminal charges. You can request that your identity be kept confidential.
V. COLLEGE DISCIPLINARY
ACTION
If you have been assaulted by another student or group of students and
are considering college action, you are encouraged to discuss the matter
with the associate vice president for student affairs, who is the college's
administrative hearing officer. This will allow you the opportunity to
review procedures should you decide to file a formal complaint through
the college's judicial system. This discussion does not obligate you to
pursue official action.
If you are willing to take part in the college adjudication process, you
should contact the associate vice president for student affairs. Charges
may either be filed by you or by the college on the basis of your written
statement. Such a charge would be handled in accordance with the procedures
relating to violations of the college's Student Conduct Code. Assailants
could be subject to disciplinary action pending review by the college
judicial system. For more details on these proceedings, consult the Student
Handbook.
At your request, the associate vice president for student affairs may
make special provisions for you to have temporary alternate campus housing
during the period of the investigation and adjudication. Other special
support can also be provided on request.
VI. CRIMINAL INVESTIGATION
AND CHARGES
If you want to press criminal charges regarding the incident, the Wilkes-Barre
City Police will be contacted depending on the location of the crime.
In most instances, if you have contacted the Security Office, they will
have notified the appropriate authorities. Depending upon the timing of
your report and your preference, it may be possible for you to make a
statement in the presence of both the college security and local police.
Be advised, any questioning can be difficult and it is not something you
have to go through alone. Remember, you may request that a support person
be with you during police interviews.
If it is possible for the assailant to be apprehended, the suspect will
be taken by police before the local district magistrate and charged with
the appropriate offenses at a preliminary arraignment. You do not need
to be present during this proceeding. The assailant may be jailed or released
on bail depending upon the circumstances of the crime. One of the conditions
of bail is usually that the suspect not try to contact you. If you are
contacted by the assailant or feel threatened in any way, you should immediately
call the police. Bail can be revoked and other charges filed, if necessary.
A lawyer from the local District Attorney's Office will represent you
without cost throughout the criminal proceedings. You may also wish to
speak with your personal or family attorney for legal advice.
VII. ANONYMOUS REPORTING
If you are assaulted and at this time do not want to pursue action within
the college system or the criminal justice system, you may still want
to consider having an anonymous report made. With your permission, a member
of the King's Counseling Center or Victim's Resource Center can report
the details of the incident to the Security Services Department and/or
other appropriate college officials without revealing your identity. The
purpose of an anonymous report is to comply with your wish to keep the
matter confidential while taking steps to ensure future safety for you
and others. With such information, the college can keep accurate records
about the number of incidents involving students, determine whether there
is a pattern of assaults with regard to a particular location, method,
or assailant, and alert the campus community to potential danger.
VIII. PREVENTION TIPS
o Be clear and honest in your communication about your limits and sex.
o Say "no" and mean "no" - or don't say it.
o Trust your instincts. If uncertain about someone, be very cautious about
dating him or her.
o Non-verbal behavior can be interpreted differently than intended, but
that does not mean that it was the victim's fault should a rape occur.
o Don't drink or use other drugs on dates. One's vulnerability rises dramatically.
o Forced sex is never okay; it is always rape.
o "No" means "no," not "maybe", or "I
want you to be more assertive".
o Take responsibility for your own limits and actions. Don't let others
decide what's right for you.
o Spending money on someone, previous sexual intercourse, petting, and
long-time dating do not obligate a person to have sex with anyone.
o Don't talk or encourage others to talk in a macho way or tell jokes
belittling others or sex. You are contributing to the problem if you do.
o Being under the influence of drugs or alcohol is not an excuse for rape.
IX. UNDERSTANDING
THE SURVIVOR OF SEXUAL ASSAULT
Survivors of sexual violence experience many feelings such as confusion,
denial, shock, fear, self-blame, embarrassment, and helplessness. These
feelings are normal. But, at times, these last a lifetime if not addressed
and resolved.
X. SURVIVORS NEED
TO...
o Seriously consider obtaining medical help.
o Feel safe.
o Be believed.
o Know it was not his/her fault. No one deserves to be raped.
o Experience control of his/her life again.
RESOURCES
On-Campus Emergency: "0"
Off-Campus Emergency: (Switchboard) 24 hours 208-5900
Medical Treatment
Student Health Center, Hafey-Marian Hall
(Monday - Friday, 8:30 a.m. - 4:30 p.m.) 208-5852
Emergency Department
Wilkes-Barre General Hospital, N. River Street, Wilkes-Barre, PA 18764
(24 hours) 289-8111
Police and Legal Information
King's College Security Services Department
Non-Emergency: Director's Office 208-5926
Officer's Room: 208-5927
Emergency: 208-5900
Pager: (11:00 p.m. - 7:00 a.m.) 819-7811
Wilkes-Barre Police, 15 N. Washington Street,
Wilkes-Barre, PA 18701, 911
District Attorney's Office, Luzerne County Court- house, N. River Street,
Wilkes-Barre, PA 18711, 825-1674
Emotional Support
Counseling Center, 6th Floor, Administration
Building, 208-5873
Residence Life Staff, Sheehy-Farmer Campus Center, 208-5856
Campus Ministry, Chapel of Christ the King, 208-5890
Victim's Resource Center, 85 South Main Street, Wilkes-Barre, PA 18702,
823-0765
Help Line (24 Hours), 829-1341
Student Affairs Office
Associate Vice President for Student Affairs/Admin- istrative Hearing
Officer 208-5875
STATEMENT OF SURVIVOR
RIGHTS
King's College recognizes that sexual assault and rape are offenses in
which the survivor often feels powerless. The victim will be assured that
they have the following rights throughout the trauma of being an assault
survivor in our community:
1. The survivor will have the power to make decisions affecting her/his
medical and emotional treatment.
2. The survivor will have control over making decisions regarding legal
prosecution and disciplinary action.
3. The survivor will decide who is notified outside the protocol, established
by the college including notification of parents (except in the case of
a minor victim).
4. The survivor will receive support from the College in obtaining needed
counseling and support.
5. The survivor will be aided by the College in obtaining a living environment
that is safe and secure.
6. The survivor will be assured of confidentiality within the protocol
followed by the College.
7. The survivor will have the following rights within the College disciplinary
system:
a. to have an advisor present of his/her choice;
b. to remain present during the hearing;
c. not to have prior sexual history discussed
during the hearing;
d. to have a victim impact statement entered as testimony;
e. to be informed of the outcome of the hearing.
For further information, contact the Associate Vice President for Student
Affairs Office, John Lane House.
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