WOMEN’S SERVICES AND GENDER RESOURCES
SEXUAL ASSAULT POLICY: 2005
INTRODUCTION
Women’s Services and Gender Resources is
committed to supporting victims of sexual assault by ensuring their anonymity, informing
them of their options and empowering them to exercise their rights as a victim
(See Appendix A) Central to that goal is informed consent.
Women’s Services and Gender Resources will
provide sexual assault victims with a trained advocate who can provide support,
short-term crisis intervention, hospital, court and police accompaniment, as
well as information and referral services.
Because Women’s Services and Gender Resources
views sexual assault as a serious crime, unacceptable within the community, it
will support all assault victims who choose to report the crime to law
enforcement, as well as during legal action through the Plymouth Family Court
and/or the University Judicial office.
The agency further recognizes that, in addition to a violation of
individual rights, the crime of sexual assault is a crime against the State of
New Hampshire and will be treated as such.
POLICY
All members of the community have the right
to work, study, and live in an environment free from sexual assault. The intent of this policy is to establish a
coordinated, commonly-agreed upon set of procedures to be followed by Women’s
Services and Gender Resources staff and volunteers who may receive the report
of a sexual assault. This policy is
based on the centers’ belief that:
sexual assault,
including any non-consensual sexual activity, is a criminal act, violating State statues;
speedy apprehension
and prosecution of perpetrator(s) of sexual assault best serve the victim and
the community and are most effectively carried out through close cooperation
with the unified professional response team;
adherence to the
procedures established in the following pages, builds community confidence and
encourages reporting of sexual assaults;
a victim has the
right to make her/his own choices in her/his own time and in her/his own way,
and that each person is valued and respected for her/his experiences.
Definitions:
Sexual Assault: is defined as
forced, manipulated, or coerced sexual activity, accomplished by one
person without the meaningful consent of the other person(s). In addition to the verbal and nonverbal
indications of lack of consent, acts using force, threats, intimidation and/or
advantage
Unified Professional Response: is a term to describe collaboration between personnel
from the PSU Police Department, PSU Special Investigations unit, area police
agencies, Women’s Services and Gender Resources, Voices Against Violence, and
the Grafton County Attorney’s Office.
(Representatives may also include medical and mental health professionals)
When investigating a report of sexual assault the team may consist of personnel
from each agency.
Examples of Prohibited Behavior:
Examples
of conduct which may constitute sexual assault are listed below. The list of examples provided is not
all-inclusive. If a situation arises
where there is uncertainty about whether conduct constitutes sexual assault,
contact Women’s Services and Gender Resources and/or Voices Against Violence
for guidance and clarification.
1.
Non-consensual
sexual intercourse, whether by an acquaintance or a stranger.
2.
Non-consensual
oral, anal and/or sexual penetration with an object.
3.
Non-consensual
touching, either of the victim or when the victim is forced to touch another
person’s genitals, breasts, thighs or buttocks (either directly or through
clothing).
4.
Use of alcohol
and/or drugs to impair victim’s ability to give informed consent.
*It must be noted that the use of
alcohol by the perpetrator of sexual assault will not be accepted as an
excuse. In fact, it can be cause to find
increased responsibility for violation of this policy.*
*New Hampshire State Law (RSA 632) as it
pertains to Sexual Assault is listed in its entirety. (See Appendix B)*
Women’s Services and Gender Resources
SEXUAL ASSAULT PROTOCOLS AND PROCEDURES:
2005
Sexual Assault, including
acquaintance rape, is a crime that has legal, medical, psychological,
educational and social implications for the victim/survivor. The protocol that Women’s Services and Gender
Resources abides by is nondiscriminatory and recognizes that sexual assault can
and does happen to both women and men regardless of age, class, race, religion,
ethnicity, sexual orientation, physical ability and/or mental ability.
If a community member (including students on
and off campus) perceives her/himself to have been the victim of a sexual
assault or other sexual offense, s/he is encouraged to report it immediately to
Women’s Services and Gender Resources and/or Plymouth State University Police
and/or Voices Against Violence and/or Plymouth Police Department.
The purpose of the following protocols and
procedures is to create a uniform response to the crime of sexual assault. It is the goal of Women’s Services and Gender
Resources to work collaboratively with community and campus agencies to ensure
that all victims are provided with the most comprehensive services available.
1.
Point of Contact
A.
Sexual
Assault Victim Makes Initial Contact Through Women’s Services And Gender Resources and/or Voices Against Violence:
When a sexual
assault victim makes initial contact through WSGR and/or VAV the victim will be
connected with a trained advocate who
will assist the victim in the following ways.
The advocate shall:
·
Provide free and
confidential short-term crisis intervention.
·
Provide support,
advocacy and information re: victim’s rights and options.
·
Provide the
victim with referrals to other community and campus services.
·
Provide support
for family members, partners and friends of the victim.
·
Provide academic advocacy/intervention
upon the request of the victim.
·
Provide the
victim with safe shelter if appropriate upon the request of the victim.
·
Accompany the
victim to the hospital upon request of the victim.
·
Accompany the
victim to the police station upon request of the victim.
·
Accompany the
victim to the court upon request of the victim.
·
Accompany the
victim to judicial affairs upon request of the victim.
Referral
Card: (FOR UNIVERSITY STUDENTS)
Once
the initial victim contact is complete, the advocate shall:
Ø
Ask the victim if
they have ever received a referral card.
Ø
If the victim has
never received a referral card the advocate shall fill out a referral card
which can be found in a predetermined space at Women’s Services and Gender
Resources and/or Voices Against Violence.
Ø
Once
the referral card is completed by the advocate, the referral card should
be placed in the appropriate folder and the director of Women’s Services and
Gender Resources will collect and input the referral card data each month. (FOR UNIVERSITY STUDENTS ONLY)
Ø
If the victim has
received a referral card in the past, it is not necessary to fill out the
referral card unless reporting a different incident.
Note: An informational packet is available for every victim
who seeks our services. The packet
includes more detail regarding the above points.
B. Sexual Assault Victim Makes Initial Contact
Through A Police Department:
All advocates must obtain written consent from the
victim in accordance with her/his wishes for the release of any information of
the assault to be discussed with third parties.
The advocate represents the interests of the victim including dealings
with the Unified Professional Response Team.
When a referral is made through a police
department and the victim is still with a representative from that Police
Department the advocate shall:
·
Make every
attempt to respond (in person) to the Police Department’s request for advocate
assistance. This includes but is not
limited to:
o
Responding to the
appropriate location, as dispatched, in order to provide the victim with
information, support and advocacy upon the consent of the victim.
o
Responding to the
appropriate location in order to provide the police officer(s) involved with
professional support re: the concerning case.
o
Informing the
victim that upon receipt of written consent, open communication between the
crisis center and responding department will be maintained to ensure efficacy
of the unified professional response.
When a referral is made through a police
department and the victim has returned to her/his residence the advocate shall:
·
Maintain
communication with the responding department to ensure that the availability of
advocate support is being offered to the victim as often as appropriate.
C.
Sexual
Assault Victim/Survivor Makes Initial Contact Through
All advocates must obtain written consent from the
victim in accordance with her/his wishes for the release of any information of
the assault to be discussed with third parties.
The advocate represents the interests of the victim including dealings
with the Unified Professional Response Team.
When a referral is made through the
Family Court or Judicial Affairs Office
and the victim is still with a Family
Court clerk or representative of Judicial Affairs, the advocate shall:
·
Make every
attempt to respond (in person) to the Family Court or Judicial Affairs request
for advocate assistance. This includes
but is not limited to:
o
Responding to
Family Court or Judicial Affairs in order to provide the victim with
information, support and advocacy upon the consent of the victim.
o
Responding to
Family Court or Judicial Affairs in order to provide the judicial officer(s)
involved with information and professional support re: the concerning case.
o
Informing the
victim that upon receipt of written consent, open communication between the
crisis center and responding department will be maintained to ensure efficacy
of the unified professional response.
When a referral is made through Family
Court or Judicial Affairs and the victim has returned to her/his residence the
advocate shall:
·
Maintain
communication with the responding department to ensure that the availability of
advocate support is being offered to the victim as often as appropriate.
D.
Sexual Assault Victim Makes Initial Contact Through A Medical Provider:
All advocates must obtain written consent from the
victim in accordance with her/his wishes for the release of any information of
the assault to be discussed with third parties.
The advocate represents the interests of the victim including dealings
with the Unified Professional Response Team.
When a referral is made through a
medical provider and the victim is still with a representative from the
responding provider the advocate shall:
·
Make every
attempt to respond (in person) to the Medical Provider’s request for advocate
assistance. This includes but is not
limited to:
o
Responding to the
medical provider in order to present the victim with information, support and
advocacy upon the consent of the victim.
o
Responding to the
medical provider in order to present the medical associates involved with
information and professional support re: the concerning case.
o
Inform the victim
that upon receipt of written consent, open communication between the crisis
center and responding department will be maintained to ensure efficacy of the
unified professional response.
When a referral is made through a
medical provider and the victim has returned to her/his residence the advocate
shall:
·
Maintain
communication with the responding department to ensure that the availability of
advocate support is being offered to the victim as often as appropriate.
E. Sexual Assault Victim Makes Initial Contact
Through A
All advocates must obtain written consent from the
victim in accordance with her/his wishes for the release of any information of
the assault to be discussed with third parties.
The advocate represents the interests of the victim including dealings
with the Unified Professional Response Team.
When a referral is made through a
·
Make every
attempt to respond (in person) to the Counseling Centers request for advocate
assistance. This includes but is not
limited to:
o
Responding to the
o
Responding to the
o
Inform the victim
that upon receipt of written consent, open communication between the crisis
center and responding department will be maintained to ensure efficacy of the
unified professional response.
When a referral is made through the
·
Maintain
communication with the responding department to ensure that the availability of
advocate support is being offered to the victim as often as appropriate.
F.
Sexual
Assault Victim Makes Initial Contact With A Faculty/Staff
Member of
All advocates must obtain written consent from the
victim in accordance with her/his wishes for the release of any information of
the assault to be discussed with third parties.
The advocate represents the interests of the victim including dealings
with the Unified Professional Response Team.
When a referral is made through a
faculty/staff member and the victim is still with the faculty/staff member the
advocate shall:
·
Make every
attempt to respond (in person) to the faculty/staff member’s request for
advocate assistance. This includes but
is not limited to:
o
Responding to the
faculty/staff member in order to provide the victim with information, support
and advocacy upon the consent of the victim.
o
Responding to the
faculty/staff member in order to provide the faculty/staff member(s) involved
with information and professional support re: the concerning case.
o
Inform the victim
that upon receipt of written consent, open communication between the crisis
center and responding department will be maintained to ensure efficacy of the
unified professional response.
When a referral is made through a
faculty/staff member and the victim has returned to her/his residence the
advocate shall:
·
Maintain
communication with the responding department to ensure that the availability of
advocate support is being offered to the victim as often as appropriate.
G.
Perpetrator(s)
Come Forward and Assume Responsibility for the Sexual Assault:
If a perpetrator(s)
comes forward and assumes responsibility for the sexual assault without victim
involvement, Women’s Services and Gender Resources will contact the appropriate
law enforcement agency to proceed with disciplinary action through the
University Police Department, Judicial Affairs Office, Plymouth Police
Department, and/or
H.
When the
Sexual Assault Victim/Survivor is a Minor:
If
an assault victim is a minor (under 18 years of age), her/his rights are
specified under NH statue RSA-169-C30 (See Appendix F). Women’s Services and Gender Resources must
report the assault to the State Department of Child, Youth and Families
(DCYF). New Hampshire citizens above the
age 18 who become aware of an assault on a minor are required to immediately
contact DCYF Central Intake at 1-800-894-5533 (8:00am-4:30pm) or 1-800-852-3388
(after 4:30pm). Citizen’s may also
contact Women’s Services and Gender Resources and/or Voices Against Violence
staff and volunteers to assist them in filing a report.
APPENDIX A
RIGHTS
OF THE VICTIM
The New
Hampshire Victims’ Bill of Rights
Under NH RSA
21-M:8-K, crime victims are entitled to the following rights:
§
The
right to be treated with fairness and respect for their dignity and privacy
throughout the criminal justice process;
§
The
right to be informed about the criminal justice process and how it progresses;
§
The
right to be free from intimidation and to be reasonably protected from the
accused throughout the criminal justice process;
§
The
right to be notified of all court proceedings;
§
The
right to attend trial and all other court proceedings the accused has the right
to attend;
§
The
right to confer with the prosecution and to be consulted about the disposition
of the case, including plea bargaining;
§
The
right to have inconveniences associated with participation in the criminal
justice process minimized;
§
The
right to be notified if presence in court is not required;
§
The
right to be informed about available resources, financial assistance, and
social services;
§
The
right to restitution, as granted under RSA 651:62-67 or any other applicable
state law, or victims’ compensation, under RSA 21-M:8-h or any other applicable
state law, for their losses;
§
The
right to be provided with a secure, but not necessarily separate, waiting area
during court proceedings;
§
The
right to be advised of case progress and final disposition;
§
The
right of confidentiality of the victim’s address, place of employment, and
other personal information;
§
The
right to prompt return of property when no longer needed as evidence;
§
The
right to have input in the probation presentence report impact statement;
§
The
right to appear and make a written or oral victim impact statement at the
sentencing of the defendant;
§
The right
to be notified of an appeal, an explanation of the appeal process, the time,
place and result of the appeal, and the right to attend the appeal hearing;
§
The
right to be notified and to attend sentence review hearings;
§
The
right to be notified of any change of status such as a prison release,
permanent interstate transfer, or escape, and the date of the parole board
hearing, when requested by the victim or through the victim advocate;
§
The
right to address or submit a written statement for consideration by the parole
board on the defendant’s release and to be notified of the decision of the
board, when requested by the victim through the victim advocate.
Appendix B
NH
STATE LAW: Sexual Assault
“Sexual assault” is defined as the non-consensual or forced contact or activity of a sexual nature accomplished by one person without the meaningful consent of the other. In addition to the verbal or nonverbal indications of lack of consent, acts using force, threats, intimidation or advantage gained by the offended student’s mental or physical incapacity or impairment (including intoxication*) of which the offending student was aware or should have been aware will be regarded as nonconsensual. A lack or response will not constitute meaningful consent.
• It must be noted that the use of alcohol will not be accepted as an excuse. In fact, it can be cause to find increased responsibility for violation of this policy.
RSA 632-A:2 AGGRAVATED FELONIOUS SEXUAL ASSAULT
1. A person is guilty of the felony of
aggravated felonious sexual assault if the perpetrator engages in sexual penetration with another person
under any of the following circumstances:
a. When
the actor overcomes the victim through the actual application of physical
violence or superior physical strength;
b. When the victim is physically
helpless to resist;
c. When the actor coerces
the victim to submit by threatening to use physical violence or superior
physical strength on the victim, and the victim believes that the actor has the
present ability to execute these threats;
d. When the actor coerces the
victim to submit by threatening to retaliate against the victim, or any other
person, and the victim believes that the actor has the ability to execute these
threats in the future;
e. When the victim submits under circumstances involving
false imprisonment, kidnapping or extortion;
f. When the actor, without the prior knowledge or
consent of victim, administers or has knowledge of another person administering
to the victim any intoxicating substance which mentally incapacitates the
victim;
g. When the actor provides therapy, medical treatment or examination of
the victim in a manner or for purposes which are not professionally recognized
as ethical or acceptable;
h. When, except as between legally marred spouses, the victim is mentally
defective and the actor knows or has reason to know that the victim is mentally
defective;
i. When the actor through concealment or by the element of
surprise is able to cause sexual penetration with the victim before the victim
has an adequate chance to flee or resist;
j. When, except as between legally married spouses, the
victim is thirteen (13) years of age or older and under sixteen (16) years of
age and:
1.
The actor is a member of the same household as the victim (or)
2.
The actor is related by blood or affinity to the victim.
k. When, except as between legally married spouses, the victim is thirteen (13) years of age or older and under eighteen (18) years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit or
l. When the victim is less than thirteen (13)
years of age.
2. A person is guilty of aggravated
felonious sexual assault without penetration when the actor intentionally touches the genitalia of a
erson under the age of thirteen (13) under circumstances that can be reasonably
construed as being for the purpose of sexual arousal or gratification.
RSA 632-A: 3 FELONIOUS SEXUAL ASSAULT
1. A person is guilty of a class B
felony:
a. When the actor subjects a person to sexual contact
and causes serious personal injury to the victim under any of the circumstances named in
RSA 632-A:2; or
b. When the actor engages in sexual penetration with a
person other than his legal spouse who is thirteen (13) years of age or older
and under sixteen (16) years of age; or
c. When the actor engages in sexual contact with a
person other than his legal spouse who is under thirteen (13) years of age.
RSA 632-A: 4 SEXUAL ASSAULT
A person is guilty of a misdemeanor if the actor subjects another person who is thirteen (13) years of age or older to sexual contact under any of the circumstances in RSA 632-A: 2.
APPENDIX C: PROCESS FOR REPORTING A SEXUAL ASSAULT
WHAT SHOULD I DO IF I HAVE BEEN SEXUALLY ASSAULTED?
· GET TO A SAFE PLACE AS SOON AS YOU CAN
· SEEK PROMPT MEDICAL ATTENTION IF NEEDED
·
REACH
OUT FOR HELP
Call Women’s Services and Gender
Resources at 535-2387 or
Voices Against Violence at 536-3423.
Although you may choose any (or none) of the options below, we recommend that
you call WSGR or Voices so that you can learn more about your options both on
and off campus. WSGR and Voices are safe
places where you can go to receive information and support. You do not need to give your name when you
call WSGR or Voices and all services are free of charge. A WSGR or
Voices advocate will also be available to accompany you to the hospital and/or
to the police department, if you choose to do either.
· IF YOU THINK YOU MAY WANT TO REPORT THE ASSAULT
DO NOT WASH, DOUCHE, CHANGE CLOTHES,
CLEAN UP OR TOUCH EVIDENCE IF AT ALL POSSIBLE. Although this is a difficult time, it is best that if you do
change clothes, put all the clothing you were wearing in a paper, not plastic,
bag. Even if you think you will not press charges, preserving the evidence
keeps your options open.
· WHO TO CONTACT IF YOU WANT TO MAKE A REPORT
Any of the following agencies can put individuals in
contact with the appropriate person(s) to begin an informal or formal process
to address the violation that has occurred.
Each sexual assault case will be handled discretely and individually by
people familiar with the different systems that the victim chooses to have
involved.
|
Campus Agencies: (* = 24-Hour Coverage) |
|
|
University Police* |
535-2330 |
|
Women’s Services & Gender Resources |
535-2387 |
|
Dean of Student Affairs |
535-2240 |
|
Associate Dean of Student Affairs |
535-2206 |
|
Off-Campus Agencies: (* = 24-Hour Coverage) |
|
|
Voices Against Violence* |
536-1659 |
|
Plymouth Police Department* |
536-1626 |
Below is an explanation of
what to expect when accessing services at each agency/center listed above
Women’s Services and Gender Resources and/or Voices Against Violence: Women’s Services and Gender Resources and/or Voices Against Violence can provide you with confidential crisis services and emotional support as well as medical, legal and judicial advocacy. You may go to Women’s Services and Gender Resources and/or Voices Against Violence to talk about your options and/or obtain an advocate who will accompany you to the above locations in order to file a report. You may also ask your advocate to assist you in filing a “Jane Doe” report. A Jane Doe report is a report that allows you to maintain anonymity while alerting the university that a sexual assault has occurred. These reports are used for statistical and educational purposes only and are submitted without the use of the survivors/victims name.
Area Police Department: You may file a report with your local law
enforcement agency which provides you
with the opportunity to file a criminal complaint against the perpetrator of
sexual assault. Victims may also obtain
information regarding legal options, survivor rights and other resources
available.
Ø
Remember,
you are not required to file a complaint but it is important to note that
investigations may have a better chance of success when they are able to begin
as soon as possible after the incident.
Ø
Also
note that the police may go forward on a case without the consent of the victim
if they feel the perpetrator is a danger to the community.
Dean of Student Affairs and/or Vice President of Student Affairs: You may also file an incident report with the Dean of Student Affairs and/or the Vice President of Student Affairs in order for the case to be heard through the Plymouth State University judicial system. Filing a report does not obligate the victim/survivor to pursue an official complaint through the PSU system. This allows the offending student to be held accountable for violating PSU Code of Conduct. The hearing will be conducted using a maximum of 4 hearing officers which are non-students and have been educated about the dynamics of sexual violence. Sanctions in those cases where there is a finding of responsibility includes any sanction authorized by the PSU Code of Conduct.
·
WHO TO CONTACT IF YOU JUST WANT TO
TALK ABOUT WHAT HAPPENED TO YOU…
SUPPORT
SERVICES
|
Campus Agencies: (* = 24-Hour Coverage) |
|
|
Women’s Services & Gender Resources |
535-2387 |
|
Counseling & Human
Relations |
535-2461 |
|
Off-Campus Agencies: (* = 24-Hour Coverage) |
|
|
Voices Against Violence* |
536-1659 |
|
Genesis Behavioral Health* |
536-1118 |
APPENDIX D: On-Call Procedures (After Hours)
In the event of a sexual assault or domestic violence incident in the
community or on the PSU campus a crisis center advocate (law enforcement will
have a list of individuals to contact directly rather than through the crisis
hotline number) will be contacted by police dispatch and asked to respond in
one of the following ways:
“Respond on campus” = Advocate responds to Women’s Services and Gender
Resource Center
“Respond off campus” = Advocate will respond to Voices’ public office
at 85 Main Street in Plymouth
The dispatcher may provide an alternate location, such as Speare
Hospital or to a specific police department, depending on the circumstances
surrounding the event.
Dispatch will proceed down the pre-determined list of advocates until
making contact with one and being told that the advocate is responding. If an
advocate receives a call and is unable to respond it is that advocate’s
responsibility to call the next person on the list until someone has confirmed
his or her ability to respond to the call. If the advocate is dispatched to the
on campus location the advocate will contact the director of Women’s Services
and Gender Resources to inform her/him that an incident has occurred on campus. The Director will then respond as
needed.
The advocate will notify
police dispatch once they have arrived at the specified location so dispatch
can inform the responding officer.
