We are sending our son to college this fall and would like to give him some advice on sexual assault at college. We are from a small farm town and I drive for a living which means his mom is home alone a lot but we do want our son to go to college. We were unable to go to college ourselves but we believe it is important for our kids to get a better opportunity for their future if possible. What should I tell our son so he is aware of the possible problems at college?
Congratulations on having a child go to college. The college experience and education will benefit them throughout their lives. It is the right choice.
Sexual assault laws vary by state but some things ring true everywhere. Sexual assault is most often defined as involuntary sexual contact due to the perpetrator’s use of coercion, force or even the victim’s incapacitation, such as being intoxicated and unable to give consent for the act. These laws cover the actions between two people, not just a man and a woman and apply to husband and wife as well. You will need to check on the state where the assault occurred to see the laws that apply.
The U.S. Justice Department’s definition of rape is:
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Federal law also prohibits sexual assault. 18 U.S.C. § 2242 – U.S. Code – Unannotated Title 18. Crimes and Criminal Procedure § 2242. Sexual abuse
Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly–causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or
Engages in a sexual act with another person if that other person is–
Incapable of appraising the nature of the conduct; or
Physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act;
Or attempts to do so, shall be fined under this title and imprisoned for any term of years or for life.
Illinois Attorney General put the following information on their website; www.illinoisattorneygeneral.gov
Incidents of sexual assault on college campuses are widespread. The U.S. Department of Justice’s Bureau of Justice Statistics found that, on average, 20.5 percent of college women had experienced sexual assault since entering college. The Centers for Disease Control and Prevention found that one in five women experienced sexual assault in their lifetimes. Moreover, the vast majority of these incidents go unreported. According to a study from the American Association of Universities, reporting rates for some types of assaults were as low as five percent.
The problem with colleges or universities and their enforcement of Title IX, in my opinion, is the lack of due process for students charged with sexual assault. My job as a defense lawyer is to follow the law for my clients which includes due process for the defendant. Don’t get me wrong, I am very opposed to any form of sexual assault as I am about any crime of violence, but defendants have rights.
Colleges have Freshmen Orientation to help all the new students learn what to do and what is expected from them at college. The college will inform them of their rights as students, diversity, sexual assaults, studying and even what they should eat to stay healthy and avoid the freshman weight gain. They will make sure every student knows that consent to sexual activity must be given knowingly. They do this because they are required by law and they have found the students need the information.
Sexual assault defenses can be consent and innocence. Consent defense is where the defendant may admit to the sexual conduct but the victim gave their consent and a reasonable person would believe the victim gave consent. However consent never applies with younger minors because states have laws that say young minors, by law, do not have the capacity to consent to sex. The victim cannot consent if they are intoxicated from drugs or alcohol or by physical or mental incapacity. That means if they are too drunk or stoned, passed out or lack mental capacity to consent then any consent does not exist.
Then there are the punishments for sexual offenders that can follow them for the rest of their lives. Many states require convicted sex offenders to register as sex offenders which requires residency restrictions such as not living near schools and of course Megan’s Law which requires each state to provide location information about convicted sex offenders. Megan’s law requires the sexual offender to register for a sex offender list that makes information of registered sex offenders available to the public.
Colorado Bureau of Investigation’s Convicted Sex offender Search is located at https://apps.colorado.gov/apps/dps/sor/?SOR=home.caveat and is a good example of what you may find on each state’s Convicted Sex Offender Registry.
In the Wall Street Journal on September 20th, 2017 David J. Habeger wrote the following letter to the editor of the WSJ in response to an article “Straight Talk for College Women” by Jennifer C Braceras in the WSJ on September 12, 2017:
Until revised rules take effect, my clear advice to college men of today is don’t date women from the college you attend. Don’t so much as share a table with them in the campus cafeteria, don’t talk to them on the way to or from classes and don’t, by all means, do anything aggressive like high-fiving them after a touchdown at the Saturday football game. Don’t speak to them, don’t communicate with your eyes, don’t hold a door open for them. Anything you do or say can be held against you. Any touching could begin the near-irreversible end of your academic career. Pour wax in your ears if you must.
David J. Habeger
College is a wonderful time in a student’s life. Make sure you discuss with your son the need, no the requirement, he obtain knowledgeable consent before he engages in any form of sexual behavior. Have him discuss it with his friends in college to get a better feel of his own college’s stand on Title IX.