SEXUAL ASSAULT RESPONSE

Sexual Assault and its Response in Todays World:

Perspectives from Different Environments and Demographics
Gastn Akerman
Simpson College

SEXUAL ASSAULT RESPONSE

Abstract
Even though the United States has modern laws that provide healing for certain crimes, it
has had the highest rate of sexual assault per capital of any industrialized country for decades
(Donelson, 1999). It is estimated that 1 in 5 women are victims of rape, and 1 out of 6 rapes are
not reported, making it the most underreported crime (De Santis, 2000). Sexual assault presents
problems across cultures, gender, sexual orientation, ethnic backgrounds, locations, systems and
organizations.
Males are not included in the official data because of the definition. Homosexuals tend to
be slightly more assaulted than heterosexuals. Native American women have the highest rape
victimization rate. The elderly, homeless, immigrants and the disable are also at risk because of
their social status, cognitive and behavioral abilities, and public disbelief. Regardless of those
elements, women in college see an increase of their victimization for different reasons, the main
one is related the alcohol, which in no way should be the reason to blame them. New laws led
universities to change policies and procedures of sexual assault. This also allowed college
officials to receive grants to prevent rape and help survivors. Intervention techniques and
different actors of the criminal justice system partake to provide the best possible post-assault
service. Such system faces problems when the demographics and other elements are taken into
account. Even the Federal government presents an issue in its definition.

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Gender and Sexual Orientation Issues in Sexual Assault

The etymology of the word rape comes from the Latin word rapere which means take
by force. Such word does not differ from race, class, or more significantly: gender. However the
Uniform Crime Report, issued by the Federal Bureau of Investigation, defines rape as the carnal
knowledge of a female forcibly and against her will. Attempts or assaults to commit rape by
force or threat of force are also included; however, statutory rape (without force) and other sex
offenses are excluded (U.S. Department of Justice, 2009). The FBI has been using this tool
since 1930 and although men rape occurs rarely, they should not be omitted.
Different sources estimate 1 in 33 men are rape victims (Tjaden & Thoennes, 1998). Men
are less likely to be raped, and much more less likely to report this crime because it is rare and
the act itself is embarrassing. Ejaculation is not always within conscious control but involuntary
physiological reaction due to prostate stimulation. This technique used by certain offenders is
extra humiliating and confuses physical evidence. It is particularly stressful for recovery, so it is
important to let the victim know how physiological processes work. Along with the confusion,
male victims may present the following physical responses: loss of appetite, nausea and/or
stomachaches, headaches, loss of memory and/or concentration, and changes in sleep patterns.
These symptoms are often presented with psychological responses, such as denial, loss of selfrespect, flashbacks, anger and anxiety, retaliation fantasies, compulsive behavior, and fear of
losing control (National Center for Victims of Crime, 2008). Moreover, this heinous crime
stigmatizes homosexuals due to the popular belief of men raping men are gay.
Gay men suffer from sexual assault slightly more often than heterosexual men due to
anti-gay hate crime and due to being more at risk for date rape (Stemple, 2009). The vast

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majority of men who sexually assault men identify as straight. Such finding indicates and
reinforces that sexual assault is more about violence, anger domination, and control over another
person, rather than just about sex. Because homosexuals tend to be sexually assaulted more often
than their heterosexual counterparts, they are part of the at-risk group. Such group is primarily
formed by women (Native-American mainly), homeless, immigrants, the disabled, the elderly,
and prisoners.
Overview of At-Risk Victims
Stemple reviewed a study in one correctional facility which showed gay male inmates
were more than four times as likely as heterosexually identified inmates to become victims of
sexual assault. A recent California study revealed that while nonheterosexual inmates (choosing
to self-identify as gay, bisexual, or other) made up only 3.7% of the state prison population, they
comprised 57.2% of those reporting sexual assault in custody (Jenness, Maxson, Matsuda, &
Sumner, 2007). Prison rape is prevalent in today society and the same study showed that openly
gay inmates were mostly abused by staff and not other inmates. Moreover, a scandal came out to
light when many female prisoners sued the Michigan Department of Corrections a few years ago.
Male guards were in charge of the female areas in the 90s, allowing them to rape the incarcerated
women. Journalist Jeff Seidel mentioned that for years right groups warned that male guards
were sexually assaulting female inmates in Michigan prisons. When the article was written in
2009, more than 500 women sued the state, and so far collected recompenses for about $50
million (Seidel, 2009). Even though the Prison Rape Elimination Act went was passed in 2003,
sexual assault in corrections still exists, and little or no victim advocacy is provided.
Victim advocacy is rare in certain environments, especially in a reservation community
where advocates have no jurisdiction, and the tribal police are not educated enough to deal with

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those situations. Health facilities on native lands are so underfunded that many nurses are not
trained to counsel victims of sexual assault or to use a police rape kit to gather and preserve
evidence of a crime (Fears & Lydersen, 2007). Native American women experience the highest
victimization rate of rape, suffering this crime at three times greater than the national average
(Bachman, Zaykowski, Kallmyer, Poteyeva, & Lanier, 2008). Even though there are few tribal
shelters, they are not present in each community. Moreover, the problem is aggravated with
institutionalized racism. Police officers may adhere to the rape culture and may not believe the
victim. False reports for sexual assault are estimated to fall in between 2% and 8% (Lonsway,
Archambault, & Lisak, 2009).
Sexual assault is the most underreported crime, about 1 in 5 women do not report it, and
the numerical figure for male victims is even greater (RAINN, 2009). Other at-risk victims may
not even report it at all. Immigrants lacking documentation face the discrimination issue and
prefer to remain silent. The elderly who do not have constant contact with the family may not
even care to report the caregiver is abusing them. The mentally ill also are victims of public
disbelief because of their cognitive and behavioral abilities. These at-risk victims often do not
understand what consent is and therefore never speak up. The concept of rape is socially defined,
and this affects how consent is considered.
Sexual Assault on Campus: Consent and Response
Rape in college has been prevalent for decades and the university officials
mishandled cases unethically. It is estimated that 1 in 4 women are victims of campus sexual
assault (Bohmer & Parrot, Introduction, 1993). Substance abuse in rape in off-college settings
are estimated to be in about 30% of the cases. However this number increases to 50% in a
college setting (2002). The increased likelihood of becoming a victim in a university may be

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associated with frequent alcohol consumption, more perpetrators available, or weak policies. The
research of Dr. Antonia Abbey mentions alcohol encourages biased appraisal of partners
sexual motives. It also impairs communication about sexual intentions, and it enhances
misperception of sexual intent. The effects of alcohol at point forced sex can impair the ability
to rectify misperceptions, diminish the ability to resist, and justify aggressive behavior (Abbey,
2002).
A different study shows that most sexual assaults occurred after women voluntarily
consumed alcohol, whereas few occurred after women had been given a drug without their
knowledge or consent (Krebs, Lindquist, Warner, Fisher, & Martin, 2009). Self-blame for
partaking in illegal behavior that facilitated the assault significantly reduces the chance to report
it. The rate of reports is even lower when the perpetrator is an acquaintance. Another problem is
when university officials do not know how to handle it. In this college environment, the victim is
assaulted because of the negligence of the educational entity or some member of the campus
community.
Increasing numbers of civil suits against colleges resulted in adjusting their policies and
procedures of sexual assault. Thanks to the efforts of parents of rape survivors, the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act was signed into law in
1990. Such act requires that all colleges that receive financial assistance publish an annual
security report containing the following characteristics: Campus crime and security policy
disclosure; statistical reporting and publication; timely warning provisions; substantive policy,
procedural and victims rights provisions; and open campus police/security logs (Security on
Campus, Inc., 2011). Between 1990 and 1994 the Uniform Crime Report showed a minor
increase of forcible rape cases, which could have resulted from the legislative changes (Federal

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Bureau of Investigation, 2010). Colleges also implemented new policies and programs in
response to the Clery Act.
Many higher education institutions realized their policies and procedures were not
adapted to address the special needs posed by campus sexual assault. Some of them did not even
have closed hearings, or even worse, a nonexistent judicial board. Those that did have student
conduct board, the members were not trained about rape myths, as Bohmer and Parrot mention in
their book (2003). Even certain universities went beyond the intent of the criminal law in
establishing expectations for their students. Besides having the students comply with the
standard definition of sexual assault, now colleges require them to agree on a now standardized
explicit consent. The one typical definition adopted by most schools is a sexual act against the
victims will and without the victims consent. With the explicit consent, one party in the
relationship must ask if the other partner wants to engage in sexual activities, and must receive
noncoerced verbal consent (Bohmer & Parrot, Institutional Responses, 2003). In light of the
changes and efforts made by officials, new prevention programs started to arise in universities.
Crisis Response Workers and Programs
Sexual-assault-response type of advocacy started to become popular in the new
millennium. Federal grants were designated to create such programs to help survivors, and to
prevent date and acquaintance rape. Frazier, Valtinson, and Candells research (1994)
demonstrated that coeducational and interactive rape prevention programs can succeed in the
short run. The recipients of the program showed significantly less pro-rape behavior. However,
the experimental group no longer differed from the control group a month later. Such research
indicates that rape prevention programs should be ongoing, rather than programmed as onetime
interventions (James, 2008). Moreover, victim advocate groups began to receive more money to

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extend their services. These advocates often receive training from the state attorneys office,
non-governmental organizations, or coalitions against sexual assault.
The functions of coalitions against sexual assault are to monitor policies and legislation,
recommend protocols to hospitals, provide input on policy and legislative development, and
some may serve as a lobbyist force (Hall, 1995). These coalitions are usually well connected
with the community and oversee advocacy and prevention programs. The Iowa Coalition Against
Sexual Assault (ICASA) coordinates and provides technical assistance to Sexual Assault Nurse
Examiners (SANE) and the Sexual Assault Response Team (SART). The former is composed by
expert nurses who have advanced education and instruction in medical-forensic examination and
in psychological and emotional trauma. SART is made up by victim advocates, prosecutors, law
enforcement officers, and other professionals (IowaCASA, 2011). These agencies are just a
component of the criminal justice system in the United States.
The Criminal Justice System and its Advocacy or Anti-Advocacy
The criminal justice systems components are not just the police and the victim. Several
other governmental non-governmental agencies are also advocates by providing services.
Hospital workers have to be competent, respectful and discreet when handling the patient. Law
enforcement officers must prioritize response to domestic abuse and sexual assault calls. These
officers should be trained and also the department should have specially trained investigators.
The court system advocates through specially trained prosecutors, and by acknowledging
victims rights and rape shield laws. Corrections play a big role with the community as well. Jail
staff must take seriously sexual assault in prison, and they should have mediation programs.
Moreover, it is their duty to notify the victim when the offender has been released. The State also
partakes in advocacy by providing assistance and reparations to the victim, and legislating

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properly. The media must also be respectful and non-sensationalistic when reporting. Reporters
should focus on behavior of the perpetrator, and not the victims behavior. Anti-advocacy and
also occur within these agencies.
Also known as second assault, anti-advocacy can be present in all levels of the
aforementioned entities. The concept entails the absence of advocacy, and negative advocacy
which causes more harm that not acting, causing the victim more trauma. Not all hospitals have
SANE programs, therefore they are not victim-friendly. Law enforcement may adhere to rape
myths and utilize improper, vulgar language when dealing with victims. Courts failing to uphold
court procedures produce more stress to the victims. Correctional facilities allowing sexual
assault of inmates endorse such crime and increases both victimization and criminalization,
instead of correcting behaviors. The State repealing certain rape laws is the opposite of crime
deterrence. The media can also be an anti-advocate by joking about rape, or making sexual
assault scenes appealing or minimized. Hence why it is so important the role of victim advocates,
they need to accompany the survivor regardless of the circumstances.
The Role of a Victim Advocate
The function of an advocate is to serve as the source of information, comfort, and
support for the sexual assault victim (Hall, 1995). Such advocate should be familiar with medical
procedures, law enforcement work, and court systems to provide the victim a better
understanding of the process. This type of knowledge is specifically important for the at-risk
victims since they may not be familiar with the system or do not understand it. The idea of an
advocate is to empower and guide the victim and not make decisions for her/him. Nowadays,
crisis workers are available at hospitals and police departments, and it usually is a free service.
However they may be scarce resources in small towns or tribal areas. Universities tend to have

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their own advocates through a campus organization or via counseling and health services. Each
service provided by a victim advocate is extremely important, and very appreciated by the
survivors, even if they do not show it at that time.
Victim advocates must be prepared to handle stress and vicarious trauma. There are many
situations when crisis workers seem to be affected, and they should recognize their limits. These
workers must provide first responder support, and provide clear, up-to-date case information. It
is important for the advocate to explain repeatedly because the victim might not understand or
may be too distracted, which can be reasons of the post-traumatic stress disorder (NIMH, 2009).
Victim reparations are also available through the government so advocates should know how to
obtain such thing. More importantly, a worker should always provide emotional and therapeutic
support, but not therapy. A social worker is not a psychologist. Moreover tasks like attending
events or accompanying the victim to the hospital, court hearings, depositions, line-ups or
sentencing is suggested, and appreciated by the victim. Assisting with developing victim impact
statements, restraining orders, and safety plans can also be included in a workers role. Lastly, a
worker should always help make the victim feel safe, supported, informed, and respected.
Victim advocacy started as a social grassroots movement out of rape and domestic
violence advocacy efforts. Its efforts have been increasing significantly since the victim rights
movement in the 70s (MDCrimeVictims, 2007). Today crisis workers are key to reduce further
trauma and second assaults. Even though each person reacts differently to other crimes, it is
possible that rape portrays the most short-term and long-term traumatic effects on a victim of
crime. It is necessary to increase law enforcement training, increase specialization, improve
coordination and relationship with other actors, and last but not least, sweep the rape culture
away from society.

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