Sexual Harassment and Sexual Assault

Sexual harassment is behavior that gets in the way of the person who wants to get on with being a student or to do his or her work. Sexual harassment is NOT about good manners, it is NOT about being able to take a joke, it is NOT about being oversensitive. Sexual harassment is behavior that frightens, demeans, or belittles, and that interferes with a person’s academic or work life. Sexual harassment, because it is discriminatory behavior, is against the law as part of everyone’s civil rights.

Introduction to Sexual Harassment

Typis of Sexual Harassment

Verbal Abuse:
Telling offensive jokes or using sexual innuendoes

Humiliation:
Display of pornographic materials in public areas, inappropriate comments relating to physical appearance

Threats:
Being told that if you don’t participate in sexual acts you will receive a poor evaluation

Bribery:
Offering an incentive in exchange for sexual favors

Denial of Equal Opportunity:
A person getting advantages because he/she is sexually involved with a superior or a person being denied advantages because he/she refuses to do so.

Racial Abuse:
Use of racial/ethnic slurs relating to one’s sex or sexuality

In many cases, the harassment may include one or several of the above. This technique might confuse the recipient, who may not know about what to complain or to whom to report. For example, if a Latina is called at “hot tamale,” she may not know whether to classify this as a racial slur or sexual harassment. However, it is important that the victim not let this keep her from reporting any incident of harassment.

It is also important to note that sexual harassment is part of a continuum of sexual violence and can sometimes lead to more serious offenses, such as sexual abuse or sexual assault. The same dynamics of power and control that perpetrators of sexual harassment use against their victims come into play in instances of physical abuse. The legal distinctions between these three types of abuse are as follows: sexual harassment is generally unwanted verbal sexual attention and anything up to physical abuse; sexual abuse is the knowing and intentional touching or fondling or sex organ, anus, and/or breast for the purpose of sexual gratification under the threat or use of force; and sexual assault is the contact,however slight, or the penetration of the sex organ, mouth, or anus. It is important to note that the legal definitions withstanding, the University of Chicago’s current sexual harrassment policy does not distinguish between sexual harassment and sexual assault.

In most cases, you will have to decide if you are a victim of sexual harassment. Trust your intuition; if something feels wrong, or if you feel embarrassed or ashamed, there are steps that you can take. If you have any doubts, talk to someone you trust and seek their advice.

Just as with other forms of sexual violence, it is a common misconception that people who have been sexually harassed were “asking for it” by dressing or acting provocatively. Nothing justifies offensive behavior. The harasser is responsible for his/her actions. A history of social or intimate connections does not give someone the right to harass you. If a person knows that you are no longer interested in an intimate or sexual relationship, but continues to pursue you, his/her actions constitute sexual harassment.

It is important to tell the harasser that the advances are neither welcome nor appropriate. Communication is key, and according to the law, you must let the harasser know that you want the attention to end. Be straightforward and firm each and every time an incident occurs. If you find that you cannot be direct, then turn to other means, i.e. leaving a message for the harasser or informing a supervisor.

Quid pro quo sexual harassment occurs when one thing (i.e. sexual favors) is exchanged for something else (i.e. higher grades, salary increase, etc.). Quid pro quo harassment also occurs when someone threatens punishment if you do not comply with his/her wishes. These cases involve someone who has power over you, such as a supervisor or a professor. In most cases, if a supervisor is harassing you, the employer can be held liable because the supervisor represents the employer.

A more indirect form of harassment happens when an employee is granted opportunities denied to other employees solely due to social involvement with the supervisor. In these cases, the employees denied opportunities are being subjected to discrimination. The employer can also be held liable in these situations.

Creating an offensive environment in which employees cannot perform their duties properly is unlawful. Regardless of the situation, you should always clearly state that you want the harassment to stop. If the situation continues, appeal to a higher authority. Remember that the harasser could be a supervisor, a co-worker, a professor or any other faculty member or even a fellow classmate or peer. There is no stereotypical sexual harasser.

It may be difficult for you to take action against someone who has harassed you. Many times the accused person will deny that anything happened, or that he/she did anything wrong. The harasser might try to place guilt upon you by claiming that you initiated the advances. He or she may also attack your credibility or personality. Many victims of sexual harassment do nothing because they are embarrassed or fearful. Unfortunately, silence is often seen as compliance or indifference, rather than as an objection to the harassment.

How to Respond to Sexual Harassment

General Tips :

• Trust your instincts!
• Do not be afraid to act. You have the power to decide what needs to be done in a given situation. You should do whatever you can to ensure your safety and comfort. Do not hesitate to seek outside help if the threat or danger does not subside.
• Be persistent.
• Do not be discouraged if immediate action is not taken. Continue to press the issue until you receive a satisfactory response.
• Let the person who is harassing you know that the attention he/she is giving you is neither desired nor professional. You should try to be as specific as possible when explaining your objections and complaints. Clarify exactly what aspects of his/her behavior you find offensive or harmful. If you do not feel that you can confront the harasser in person, you can leave a note (and be sure to keep a copy for yourself). This action is useful because your objection is put on the record.
• Check to see if your employer or institution has a written statement concerning sexual harassment. It is common for employers and institutions to post or announce the policy. Make a copy of this document for yourself and go through it to see if anything can help you. If you cannot find a policy on sexual harassment, then record your search for one. Include whom you spoke with, and where and when the conversation occurred.
• Keep a private journal in which you write a detailed account of what happens each time you are harassed, along with your reaction to the harasser.
• Notify a person of authority. If the harassment puts you in an uncomfortable environment, the law mandates that you relay this information to someone of authority, such as your employer. Employers can be liable if you inform them of the situation and they do nothing to correct it. There may be situations in which you find that you cannot tell an authority figure. In this case, you may want to write a note explaining your objections. It may be less difficult than having a face-to-face confrontation. No matter what, the harasser is always liable.
• If the harassment persists, and you are unable to communicate effectively with your harasser, consider consulting a lawyer or a legal advocate.

The University’s Sexual Harassment Policy and Procedure

The U of C does not tolerate sexual harassment of any kind by anyone in the University community. The University is dedicated to providing and maintaining a safe and respectful environment in which all students are free to pursue both professional and intellectual goals. We cannot learn freely or contribute fully to the community if we are hindered by sexual harassment.

The University’s current policy on sexual harassment was adopted in May 1990, and this policy is stated in detail in the University of Chicago Student Manual of University Policies and Regulations and defines sexual harassment as follows: Sexual advances, requests for sexual favors, or sexually-directed remarks constitute harassment when either:

1. submission to such conduct is used or threatened to be used as the basis for academic or employment decisions
2. such conduct directed against an individual persists despite its rejection. Remember that sexual harassment committed by anyone, including fellow students, staff, and faculty, is strictly prohibited. The University regards harassment by a faculty member directed against a student, or by a supervisor over a staff member, as particularly grave because the harasser clearly has power over the other party and may use this power to intimidate and coerce.

Read more at http://www.uchicago.edu/sexualharassment.

Steps to Take If You Are Being Harassed

If you think you have been sexually harassed, the University urges you to speak to someone (e.g., a faculty member, dean, or supervisor) about it as soon as possible. The University provides an informal means of resolving complaints; however, it is also possible to pursue formal action. You also have the option of talking to a Sexual Harassment Complaint Advisor. The complaint advisors are there to listen patiently and carefully to what you have to say. They may ask some questions to make it easier for you to describe what happened, but if you do not want to or are not ready to talk, they will not pressure you. The advisor provides a supportive, non-judgmental, non- adversarial, safe place to talk about problems. For the name and phone number of a current Sexual Harassment Complaint Advisor, refer to the brochure “Sexual Harassment: What We Can Do,” available at any Dean of Student’s office.

The advisors also offer advice and suggest options for the best way to handle your specific situation. Your conversation with an advisor will be treated with respect for your privacy and that of the others involved. No record will be kept of the meeting except for an incident report that mentions no names and is only used to tally the different types of reported incidents. Ensuring your privacy is a priority for the advisors. You may also ask the Complaint Advisor to arrange to have a third party mediate between you and the person with whom you have a complaint. With the help of a mediator, (who could be a Complaint Advisor or the Coordinating Officer) a solution may be found that both you and the accused can agree upon. This mediation method is an informal alternative and can only proceed with the consent of both parties involved.

You may wish to make a formal written complaint about a sexual harassment problem. You are free to do this at any time, either immediately or following efforts to resolve the matter informally. Formal procedures vary depending upon the status of the individual being accused. If the person being accused is a student, then the student will be subject to the proceedings of the appropriate Area Disciplinary Committee, either the committee in the College or in the appropriate division or relevant schools.

Within the College, the Dean of Students in the College convenes the Committee on College Discipline. This committee convenes after the dean has received a formal complaint and decided that the situation has adequate grounds for consideration. The dean then summons the accused party and anyone else who may have information concerning the situation to a meeting. After the proceedings have taken place, the accused party is notified of the results in person or by phone.

The disciplinary procedures may vary for each Graduate Division and School; the formal procedure is available in the Office of the Dean of Students of the Division or School, or in the office of the Dean of Students of the University. Although the procedures may be somewhat similar, most of the graduate areas do not have standing Disciplinary Committees. A committee will be appointed if a problem of sexual harassment arises.

If the accused (not the complaintant) is not satisfied with the decision of the Disciplinary Committee, he/she can ask that the decision be reviewed by the Board of Review. But there must be good reason for review, namely:

1. the procedures were not properly conducted
2. the punishment has harsher ramifications than originally intended
3. new information not presented to the Committee can help you

If the accused person is a student and found guilty, he/she may face disciplinary probation, suspension, or expulsion. If suspended or expelled, it will be noted on the student’s academic transcript; however, the reason for the expulsion will not be noted.

If the accused person is a staff employee, a staff member from the Office of Human Resources Management can lead you through the formal review process. If the accused is a member of the faculty or academic staff, the Sexual Harassment Panel will take action to ascertain the facts of the situation. These proceedings will remain confidential. If the complaint cannot be substantiated, it will be dismissed. Otherwise, the Panel will notify the Provost. Both you and the accused will be contacted about the Panel’s conclusions and the Provost’s action.

Regarding Student-Faculty Relationships

The University believes that it is not a wise idea for students to get romantically involved with their instructors or supervisors. It is difficult for faculty members to objectively judge and grade your academic work if they have more than just a professional relationship with you. However, if you do become involved with a faculty member, you should make appropriate arrangements to have someone else instruct you or supervise your work. Initial consent by both parties to a non-platonic relationship does not mean that a charge of sexual harassment cannot be brought up in the future.

Statutes Governing Sexual Harassment

Federal

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex, color, race, religion, and national origin, and forbids sexual harassment. Title VII coverage includes hiring, compensation, promotion, and termination.

State: Higher Education

“Sexual harassment in higher education” means any unwelcome sexual advances or requests for sexual favors made by a higher education representative to a student, or any conduct of a sexual nature exhibited by a higher education representative toward a student, when such conduct has the purpose of substantially interfering with the student’s educational performance or creating an intimidating, hostile or offensive educational environment; or when the higher education representative either explicitly or implicitly makes the student’s submission to such conduct a term or condition of, or uses the student’s submission to or rejection of such conduct as a basis for determining:

1. whether the student will be admitted to an institution of higher education
2. the educational performance required or expected of the student
3. the attendance or assignment requirements applicable to the student
4. to what courses, fields of study or programs, including honors and graduate programs, the student will be admitted
5. what placement or course proficiency requirements are applicable to the student
6. the quality of instruction the student will receive
7. what tuition or fee requirements are applicable to the student
8. what scholarship opportunities are available to the student
9. what extracurricular teams the student will be a member of or in what extracurricular competitions the student will participate
10. any grade the student will receive in any examination or in any course or program of instruction in which the student is enrolled
11. the progress of the student toward successful completion of or graduation from any course or program of instruction in which the student is enrolled
12. what degree, if any, the student will receive

Civil Rights Violations in Higher Education:

• For any higher education representative to commit or engage in sexual harassment in higher education.
• For any institution of higher education to fail to take remedial action, or to fail to take appropriate disciplinary action against a higher education representative employed by such institution, when such institution knows that such higher education representative was committing or engaging in or committed or engaged in sexual harassment in higher education.

Employment

“Sexual harassment” means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment
2. submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual
3. such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Civil Rights Violations in Employment:

For any employer, employee, agent of any employer, employment agency, labor organization to engage in sexual harassment; provided, that an employer shall be responsible for sexual harassment of the employer’s employees by non-employees or non-managerial and non-supervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.

Rescources

9 to 5: National Association of Working Women
(800) 522-0925
An advocacy organization for working women. Their job-problem hotline provides advice and support for women in all fields dealing with sexual harassment.

EEOC National
(800) 669-EEOC
The Equal Employment Opportunity Commission is the national clearinghouse for sexual harassment complaints. A charge must be filed within 180 days of the alleged act, or within 300 days, if there is a state or local fair-employment- practice agency that enforces a similar law.

Feminist Majority Foundation
(703) 522-2501

Illinois Department of Human Rights
(312) 814-6200
If you want to file a charge with the department, you must do so within 180 days of the date the harassment took place.

Introduction to Sexual Assault

The term sexual assault applies to any form of non-consensual sexual activity. Sexual assault, including rape, is not an act of sex, although it is occasionally perceived as such: it is an act of violence. If you have been sexually assaulted, it is a crime regardless of your relationship to the attacker or the circumstances.

In a national study nearly half of over 3,000 college women surveyed reported that they had experienced some form of sexually coercive behavior. While 30% of these women said they had experienced attempted or actual sexual, anal, or oral intercourse due to threatened or actual physical force, others reported drugs, alcohol, and continual arguments and pressures as forces that caused them to engage in various sexual behaviors.

Types of Sexual Assault

The following definitions are provided by the Illinois Criminal Sexual Assault Act:

Sexual assault crimes are characterized by non-consensual sex acts involving any contact, however slight, between the sex organ of one person and the sex organ, mouth or anus of another person, or any intrusion, however slight, of any body part of one person or any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio, or anal penetration.

Anyone can be assaulted in any number of situations or settings. Sexual assault may take several different forms: sexual assault by a stranger, sexual assault by a group (a.k.a., gang rape), or sexual assault by an acquaintance. Many people envision rape/sexual assault as a crime committed by a stranger who jumps out from a dark alley, but sexual assault between acquaintances is far more prevalent. This type of sexual assault occurs when someone is forced into unwanted sexual activity by which people are forced. Emotional coercion and implicit threats (for example, threats of breaking up, abandoning someone on a date when he or she is far from home, spreading hurtful rumors, or harming someone physically) can be just as controlling and overpowering as physical force. A victim who chooses to cooperate with a sexual assailant rather than risk possible life-endangering abuse has not consented to the sexual act. In addition, sexual assault occurs with equal frequency in the gay and lesbian communities.

Date Rape Drugs

Sexual offenders have a large assortment of drugs, including alcohol, which they can use to make their victims less able to fight back, or even understand and remember the encounter.

The most common type of date rape drug used is alcohol. Two other common date rape drug today are rohypnol, or “roofies,” and ecstasy. Rohypnol is a medication used in many Latin American, Asian Pacific, and European countries as a sleep aid. Although it is not legal in the United States, it is smuggled in illegally and sold on the street. Some forms of the drug are odorless and colorless, and the pill dissolves quickly in drinks. Rohypnol has a sedating affect when ingested, and its effects can last up to 6 to 8 hours after initial ingestion. One side effect is the inability to remember specific details of the time period the drug was taken. The effect is amplified when mixed with alcohol, which is how rapists usually sneak the drug to the victim. Rohypnol can become life-threatening when mixed with other drugs, such as alcohol, narcotics, etc. Rohypnol can usually be detected in urine for up to 72 hours. (For more information, check out Chapter 9, Substance Abuse)

Ecstasy has many of the same effects as rohypnol. This substance is quickly becoming one of the most popular date rape drugs. It too is in either tablet or capsule form and dissolves quickly in drinks. The effects of ecstasy can be felt one hour after ingestion and these effects may last up to six hours depending on the dose, purity and environment that it was taken. The short-term effects of this drug include confusion, amnesia and hallucinations. Ecstasy is a mind-altering drug that creates a sense of calm with oneself and the world. One of the most dangerous effects of this drug is its ability to raise a person’s body temperature up to 109 degrees Fahrenheit.

GHB (gamma hydroxybutyrate) is an odorless, colorless liquid that can be dropped into drinks. It is used as a recreational drug, but has recently been implicated in many rapes. Just a few drops of the drug, which is colorless and odorless, can cause a person to lose consciousness within 20 minutes. Victims of this drug often have little or no memory of the incident and it is hard to trace, as it can be detected in urine for only a few hours after ingestion.

By the time a survivor realizes what has happened, it may be too late. She most likely will wake up groggy, disoriented, and unable to remember what happened. Sometimes these huge memory gaps may induce the survivor to have anxiety attacks whenever thinking about the rape. Furthermore, the survivor may feel an extreme loss of control and distrust of everyone he/she knows.Being unable to remember details also makes the rape more difficult to prosecute.

There are some steps one can take to reduce the risk of being drugged, although no measures are 100% foolproof. Such actions include not leaving beverages unattended, not taking beverages from someone you do not know, accepting drinks only from a bartender or waitress, etc. If you at any time suspect that you may have ingested a date rape drug, leave with a friend and go to the hospital immediately. (For more information, check out Chapter 12, Protecting Yourself).

After a Sexual Assault

If you have been sexually assaulted within the last 72 hours:

• Go to a safe place.
• Try to remember everything about the setting, assailant, etc. Every detail counts.
• It’s recommended that you notify the police -- if you decide later you don’t want to press charges, you don’t have to, but if you do want to press charges, it’s best to notify the police as soon as possible. Call the campus police (123 from a campus phone or 702-8181 off-campus) or the Sexual Assault Dean-On-Call (702-8181 or 834-HELP). If you feel unable to articulate your situation to the police, contact a friend, your advisor, your Resident Head, Resident Assistant or the Rape Crisis Hotline, who can notify the proper authorities if you ask them to.
• Do not attempt to change clothing, douche, or bathe prior to or after informing authorities or friends of the assault. Also do not have sex with another person before you receive medical attention. You will be destroying crucial evidence that may be used if the attacker is prosecuted.
• Go to the emergency room by whatever safe means you have at your disposal (i.e., have a friend drive you, call a cab, call the U of C police if you are hurt, etc.). Tell the hospital nurses you have been sexually assaulted -- by law they are required to provide a private room or waiting area and give you priority treatment, second only to life-threatening conditions. Additionally, all hospitals are required to provide emergency social service to sexual assault survivors, mostly in the form of a rape victim advocate. (The advocates who work at the Harris YWCA provide the most extensive services). Many hospitals (including the University of Chicago Hospitals) have rape victim advocates or chaplains on-call to help you through the process. Whereas a nurse is not required to remain with the victim at all times, an advocate can always be with the victim. Hospitals are required by law to provide free emergency treatment to victims of sexual assault, provided they come to the emergency room within 72 hours of the rape. If questions relating to insurance arise, the victim should tell the emergency staff that service is free and covered by the Sexual Assault Survivors Emergency Treatment Act (SASETA). Be aware that due to SASETA and their professional reporting obligations, the hospital must report the assault to the police.

At the Emergency Room

You should expect a thorough gynecological examination at the emergency room, including tests for sexually transmitted infections and pregnancy, as well as evidence collection, also called a “rape kit”. You may also be subject to explicit questioning. The hospital procedures often seem invasive. Realize, however, that they are designed to help you understand issues you are facing, such as the possibility of having contracted an STI (sexually transmitted infection). Hospitals can offer treatment of some STIs, as well as Ovral (a.k.a. the morning after pill) which can prevent pregnancy (exceptions to this may occur at Catholic hospitals). The hospital should provide you with two pills of Ovral, one at the time of the examination and another pill to be taken twelve hours later. Some side effects of Ovral are nausea and period irregularities. In addition, a follow up exam three to six months later should be conducted to check for STIs as well as HIV. Any part of the examination and any medication offered is completely optional. A counselor and the hospital staff will be there to explain this to you.

The hospital is required by law to report a sexual assault to the authorities. Pressing charges is your decision. If you do decide at the hospital to press charges, the doctor will collect an Evidence Collection Kit. This kit will contain pertinent clothing, hair samples, swabs from your oral, vaginal, and rectal regions, and any other evidence you may have on your body. Later, this kit may be used in court to prosecute the rapist. If the police retain any of your clothing so that you are unable to go home (i.e., if they take your pants, shirt, or underwear) the hospital usually provides scrubs or sweats.

After the Emergency Room

Even though the immediate physical trauma of sexual assault may be over, the psychological trauma can last much longer. U of C alumna Barbara Engel, a long-time community advocate and counselor for sexual assault survivors, points out that 20% of women do not feel completely recovered even after six years. It may be beneficial to seek help, either through support groups or one-on-one counseling. People who have been sexually assaulted may experience denial, sleeplessness, flashbacks, emotional shock, overeating, undereating, menstrual cycle disruption and persistent soreness. These feelings, which are the result of Rape Trauma Syndrome, are normal in the aftermath of a sexual assault. Every individual who has been sexually assaulted experiences a different healing process. The Student Counseling and Resource Service provides excellent counseling for rape survivors.

Sexual Assault Dean-on-call Program

A student who is a victim of a sex offense is urged to call the University Police or the Sexual Assault Dean-on-Call. If the University Police are called, they will respond at once, and at the same time notify the Sexual Assault Dean-on-Call. The Sexual Assault Dean-on-Call may be reached through the University Police by dialing 123 from any university phone (or 702-8181 from other phones) and asking for the Sexual Assault Dean-on-Call. The Sexual Assault Dean-on-Call may also be reached directly through the Student Emergency Assistance Line (call 834-4357) and ask for the Sexual Assault Dean-on-Call). The student is not required to give a reason for calling the Sexual Assault Dean-on-Call, nor does contacting the Sexual Assault Dean-on-Call oblige the student to make a report with the police. The Sexual Assault Dean-on-Call will contact the student or, if appropriate, will go to the Mitchell Hospital Emergency Room to offer assistance. The student may ask the Sexual Assault Dean-on-Call to leave and not become further involved, but should recognize that doing so will make it much more difficult for the University to provide coordinated assistance. The Sexual Assault Deans-on-Call have been specifically trained to assist and support a student who has been sexually assaulted. The Sexual Assault Dean-on-Call can explain the procedures at the Mitchell Hospital Emergency Room and reporting procedures to the Chicago Police Department, can give general information about the criminal justice system and the University disciplinary procedures, and can provide referrals for counseling and other services such as legal advocacy. The Sexual Assault Dean-on-Call is completely confidential.

The Sexual Assault Dean-on-Call will work to ensure that the resources of the University, including the Student Housing Office, neighborhood student apartments, the Medical Center, and the Dean of Students office are available to assist the student. The Sexual Assault Dean-on-Call will work with the area dean of students and other University staff to make reasonable efforts to accommodate changes in academic and living arrangements requested by the student because of a sexual assault. The Sexual Assault Dean-on-Call will also contact the student in the days following to offer assistance and support and will remain in contact with the student as long as the student wishes.

How to Report the Assault and/or Press Charges

You can decide to report at any time. You can let the police know that you want to report the crime at the hospital, or you can let them know at a later time. Either way, you will be required to go to the police station to file the report and begin the process. An unfortunate truth is that the longer you wait to report, the less likely it will be that you have sufficient evidence to “win” the case. It should be noted that after the report is filed, the case is no longer “your” case. It becomes the State of Illinois vs. the perpetrator and you become a witness for the state. This is why your cooperation is important to the police. Without it, it would be difficult for the state to have sufficient evidence to win their case. At the police station you will be asked to provide a statement about the circumstances of the assault. Be extremely detailed. Anything you omit at the station and decide to use later in your case may look suspicious. Being at the police station is often difficult. Having a Legal Advocate from a local rape crisis center such as Rape Victim Advocates or a Sexual Assault Dean-on-Call there can ease the burden on you and improve communication between you and the officers. Additionally, officers tend to be more respectful when an Advocate is present. However, if you feel that the officers or detectives who are questioning you are acting inappropriately, report it to their supervising officer and request to file a formal complaint.

After the detectives have the relevant details of the assault, depending on the evidence, they will pick up the alleged attacker (assuming you know your attacker) and bring him/her in for questioning. There may even be sufficient grounds for an arrest warrant to be issued. The attacker will answer questions and then may or may not be released.

Keep in mind that even if you want to press charges against your attacker, the case may never go to court if the prosecuting attorney deems it “unwinnable.” Keep pressing the issue until you feel satisfied with the answer. If you cannot get a response, write to your local Congressman or alderman to find another attorney. There are legal resources available at no or low cost, and you can get counseling from several resources regarding your options. If you believe that you were the victim of a sexual assault, pursue every avenue until you feel that your concerns are being addressed and your options are fully explained. Even if you do not win at criminal court, you still may go to civil court successfully.

Statistics show that immediate reporting is the most effective way to obtain a conviction for an assaulter. However, some women are not able to report the assault immediately. There are many possible reasons for not reporting an assault immediately: fear that the attacker will retaliate; complicated feelings about the attacker, who may be a close friend, boyfriend, or husband; shock that the rape actually occurred; emergency situations that arise; severe injury from the assault; or unfamiliarity with the steps to take. Unfortunately, many people, including some police officers and health care professionals, question the veracity of a woman who reports an assault late. If you do decide to report an assault late, remember that you are doing the right thing. Too many assaults go unreported, and the only way to stop this trend is for more women to step forward. However, it is imperative that you receive a lot of support for this decision. Talk to your friends, your lover, your parents, a counselor, a rape victim advocate -- anyone who will support your decision.

If you decide that you want to report an assault that has occurred more than 72 hours ago, there are several things that you should keep in mind. The hospital emergency room is no longer free. If you go to the emergency room, you will be responsible for all charges. However, this does not mean that you should not receive medical attention. Womancare, available at the Student Care Center, also has the resources to help you. You can call Womancare for an acute-care appointment. You do not have to say anything about the assault to the receptionist, if you are uncomfortable doing so. Instead, you can fill out the yellow card near the desk. You should expect a thorough physical and gynecological exam, including tests for pregnancy and sexually transmitted infections. Again, these procedures may feel invasive, but are necessary.

How to Pursue Action Within the University

If the attacker is affiliated with the University and you want to pursue disciplinary action within the University, meet with the Dean of Students in the College or your divisional Dean of Students to discuss your options. The usual procedure involves forming a disciplinary committee. If a disciplinary committee convenes, the alleged attacker will be summoned in writing to a meeting. Individuals who have direct knowledge of the situation (including the victim) may also be required to attend this meeting. The alleged attacker may bring someone to act as an advisor. Similarly, the person who has been sexually assaulted has the opportunity to bring her own advisor.

The alleged attacker will be furnished with all the information provided to the disciplinary committee, including the statements made by the person filing the report. The Disciplinary Committee will recommend probation, suspension or expulsion depending on the specifics of the case. After the accused attacker receives the decision of the committee, he or she has the right to appeal the decision in writing within fifteen days. (The student may request more time to get an appeal together). A Board of Review, consisting of the Dean of Students in the University, one faculty member, and one student member will review the appeal. Another hearing will NOT be held. The Board of Review normally considers appeals based on the written request for review; however, they may request that the alleged attacker be present to clarify the request. The decision of the review board is final. Remember that the Board of Review is NOT a court of law. It is completely separate from either civil or criminal action, and the decision only sanctions behavior in the university.

Keep in mind that if you are sexually assaulted by someone within the University, there is no way to take action within the University without letting your attacker know that you are pursuing the issue. You will be required to testify to the Disciplinary Committee while your attacker is present. Also keep in mind that if you pursue disciplinary action within the University, you should be prepared to see your complaint all the way through. There is no way of dropping charges like there is in a police investigation. Finally, you should know that if your attacker is suspended or expelled, it will be noted on that student’s academic transcript, although the reasons will not be specified.

The consequences of late reporting are similar within the university and with the police. You should also keep in mind that there may be a fair amount of skepticism about your claim, especially at the police station. Ask a Rape Victim Advocate or a Sexual Assault Dean-on-call to come with you to the station to assist and support you. Police officers tend to be less openly critical when there is someone present to whom they are accountable in some way. If you do not feel supported by your advocate, ask for another one to be assigned to your case. You have the right to be supported for your decision to report and should be commended, NOT condemned. At the same time, it is understandable if you decide not to press charges. The important thing is for you to make a choice that is best for you.

Suggestions for a Friend Who Has Been Raped

If a friend confides in you that he/she has been raped, there are some basic guidelines you should follow in order to be as supportive as possible:

• Listen to your friend. Believe him/her. Rape is an issue very few people lie about. Showing any trace of doubt may hurt him/her even more.
• Let your friend know that you are there to support him/her. It would be presumptuous to say to your friend that you know how he/she feels. Instead, offer your unconditional support. Be as sincere and caring as possible. Recognize your own limits, and, if needed, recommend your friend to speak to a professional especially if you are feeling pressured or overwhelmed. It may even be beneficial for you to talk to a professional. Remember, you are not a professional. You are a caring and supportive friend who can set boundaries that allow you to support your friend and take care of yourself at the same time.
• Only hug or touch your friend if he/she feels comfortable with personal contact. Let him/her set the boundaries.
• Help your friend investigate his/her options, which may include: going to the emergency room, contacting a rape victim advocate, calling a rape crisis hotline or contacting a rape crisis center for support, reporting the rape to the police or University officials, dealing with the legal aspects of rape, or not reporting the rape. Let him/her make all decisions, and be supportive of those decisions. The goal is to empower your friend to make her own decision.
• Your friend may or may not also be experiencing Rape Trauma Syn- drome. The symptoms of Rape Trauma Syndrome can last long after the assault, so take time to educate yourself about this and other is- sues regarding survivors of sexual assault.
• Keep in touch. Being raped is a very isolating incident. Remember to let him/her know that you care and are concerned.

Suggestions for Helping a Lover Who Has Been Raped

Dealing with the rape of a lover is a difficult task for anyone. The feelings of sexual intrusion suffered by the individual who was raped must be mended before the physically and emotionally intimate relationship returns to normal. Many lovers find themselves unsure of how to be a supportive partner. This, at times, may create further rifts in the relationship or perhaps lead to a break-up. There are some basic guidelines which a lover can follow to help alleviate the stress and trauma of his/her companion who has been sexually assaulted:

• Listen. Although your lover’s explanation of the sexual assault may sound gruesome, it is crucial that your lover feels at ease with expressing his/her experience to you. You should let your companion know that you are there. However, do not force him/her to talk about the assault if he/she is not ready.
• Let him/her make his/her own decisions. Anyone who has been sexually assaulted should make all decisions regarding dealings with the attack. By not trying to take charge or protect the person who has been raped, you aid his/her development in regaining a sense of control in everyday situations.
• Let your lover decide when he/she feels comfortable engaging in sexual activity again. Your lover may feel comfortable getting intimate right away, or you may have to wait for some time. Try to reveal your affection with low-key caressing, massaging, or kissing. Remember, he/she determines the extent of contact.

Misconceptions About Sexual Assault

Myth: Individuals who have been sexually assaulted are to be blamed because of provocative appearance, reputation, behavior, or location at the time of the rape.
Reality: The assaulter is responsible for his/her actions. The person who was assaulted is NEVER TO BLAME, regardless of appearance, reputation, or behavior. In addition, it should be pointed out that this myth serves to shift the blame to the victim and absolve the perpetrator of responsibility for their actions.

Myth: Flirting, touching, hugging, or kissing reflect a desire to have sex.
Reality: Not at all. Such acts of affections reflect a desire to get closer to someone and do not necessarily constitute an invitation for sex. According to Illinois state law, a person can say “no” at anytime during the sexual encounter.

Myth: “Nice” girls don’t get assaulted.
Reality: Everyone is vulnerable to sexual assault. Nuns, grandmothers, men, and ten-year-olds, among all other types of victims, are assaulted.

Myth: A person who has been raped must have cooperated.
Reality: In many cases, the rapist’s strategies include coercion, manipulation, threats, and trickery. Additionally, when the attacker is stronger, violent, or armed, the victim is also often powerless to defend him/herself without risking his/her life. Some people may also experience a state of paralysis or shock such that any intent to retaliate is impossible.

Myth: Men cannot stop themselves once aroused.
Reality: Biologically, men are just as capable as women of controlling their bodies and emotions. Men can, and do, control their sexual impulses. In fact, approximately 80% of rapes are wholly or partially planned. Rape is a purely violent, not sexual, act. Rape occurs because of a need to dominate and humiliate, not to relieve sexual frustration. Additionally, myths that men will get “blue balls” or become sterile if they do not ejaculate are simply not true.

Myth: It is not rape if you and your partner have had sex before
Reality: Even if you have had a previous sexual relationship with your rapist, he/she does not have the right to sexually assault you. Rapes can occur between people who know each other (acquaintance rape or date rape). Illinois state law recognizes that even a husband can rape a wife. CONSENT MUST BE GIVEN FOR EVERY ACT OF SEX.

Myth: If the person was drunk or high when assaulted, then he/she was asking for it.
Reality: No one ever “asks to be raped.” Rape is an act of non-consent. True consensual sex occurs when both partners are sober.

Myth: Women report sexual assault to exact revenge on friends, lovers, or spouses.
Reality: Fewer than 10% of women who have been sexually assaulted report it to the authorities. Reporting a sexual assault is an emotionally and legally traumatic process. The false report rate for sexual assault is comparable to or lower than the rate of false report for other crimes.

Resources

Emergency

Chicago Police/Ambulance
911

U of C Police
773-702-8181, or 123 from campus phones

U of C Medical Center: Mitchell Emergency Room
773-702-6250
Sexual assault counseling, immediate care and treatment, sexual assault evidence collection

Sexual Assault Deans-on-Call
773-702-8181 or 834-HELP
You can ask the police or hospital to contact the dean on call for you. Students who use 834-HELP will not have to give names. She will then assist victims of sexual assault.

Rape Victim Advocates
(312) 663-6303
Immediate medical advocacy, services to local emergency rooms.

On Campus Resources

Student Counseling and Resource Service
773-702-9800
Free counseling for rape and incest survivors is covered by the Student Health Fee.

Student Care Center’s Womancare
773-702-4156 or 773-702-1915
Provides ongoing follow-up health care and services, including services for women who have chosen not to seek care immediately after an assault.

Resources for Sexual Violence Prevention (RSVP)
773-702-7200
Sexual Assault information, prevention and education services, resources, and referral.

Off Campus Resources

9 to 5: National Association of Working Women
(800) 522-0925
An advocacy organization for working women. Their job-problem hotline provides advice and support for women in all fields dealing with sexual harassment.

EEOC National
(800) 669-EEOC
The Equal Employment Opportunity Commission is the national clearinghouse for sexual harassment complaints. A charge must be filed within 180 days of the alleged act, or within 300 days, if there is a state or local fair-employment- practice agency that enforces a similar law.

Feminist Majority Foundation
(703) 522-2501

Illinois Department of Human Rights
(312) 814-6200
If you want to file a charge with the department, you must do so within 180 days of the date the harassment took place.

South East Chicago Commission Victim Assistance Program
773-324-6926
Trained professionals help victims of sexual assault understand the relevant provisions and procedures of the criminal justice system and, if requested, will accompany the victim during police interrogation or in court.

Harris YWCA
(773) 955-3100 ext. 10
Free counseling for women.

YMCA Metropolitan Chicago
(312) 372-6600 ext. 273
Individual counseling, immediate support, group counseling, court advocacy, information and referral services, all services are free of charge.

Chicago Rape Crisis Hotline
1 (888) 293-2080
Open 24 hours a day.

Websites

University’s Sexual Violence Page

University’s Sexual Harassment Page

University’s Sexual Assault Page

University Emergency Services Page

University’s Guide to Safe Urban Living

Information from Sexual Assault Care Centre
Website resources for sexual assault information, questions, and crises.

Sexual Assault Information from Feminist Majority
Sexual assault facts, prevention information, support services, crisis centers, and a multitude of links.