Sexual Assault in the First Degree:
The offender engages in sexual activity without the consent of the victim and during the attack inflicts physical injury or uses a deadly weapon. This may be a situation when the victim fears for their life. It might also be that the offender is 14 years old or more and engages in sexual activity with another person who is 11 years old or less. The penalty for this crime is a term of imprisonment of 15-35 years and a possible $10,000 fine.
Sexual Assault in the Second Degree:
The offender engages in sexual activity without the victim’s consent by using forced participation with someone who is physically helpless or to forcibly compel someone to have intercourse. The penalties for this crime include a term or imprisonment of 10 – 25 years and a possible fine of $10,000.
Sexual Assault in the Third Degree:
The offender engages in sexual activity with another person who is mentally handicapped or mentally incapacitated or the offender is 16 years old or more and engages in sexual activity with the victim who is less than 16 years old and who is at least four years younger than the offender. This is commonly known as statutory rape. The penalty for this crime is a term of imprisonment of one to five years and a possible fine of $10,000.
Sexual Assault of a Spouse:
The offender engages in sexual activity with their spouse without consent. Lack of consent results from either forced participation, being threatened or physically injured, or being threatened or injured with a deadly weapon.
Forced Participation is:
Physical force or the use of threats or intimidation, expressed or implied that overcomes resistance of the victim by placing the victim in fear of immediate death or physical injury or fear that they or another person will be kidnapped. Resistance includes physical resistance or any clear communication of the victim’s lack of consent.
Lack of Consent:
Whether or not specifically stated, is an element of every sexual assault. Lack of consent results from forced participation or the inability to consent. A person is considered incapable of consent when they are less than 16 years old, mentally handicapped, or physically helpless. The state of West Virginia considers someone that is under the influence of alcohol or drugs to be mentally incapacitated or mentally handicapped and unable to give consent.
Sexual Assault at WVU
Legal Basis:
West Virginia University is required by law to establish a campus sexual assault program to prevent sex offenses and develop procedures to follow when a sex offense occurs. The Higher Education Amendments (HEA) of 1992 impose new requirements for preventing, reporting, and investigating sex offenses that occur on campus. Each institution must use the definitions of a forcible or nonforcible sex offense used in the Federal Bureau of Investigation's Uniform Crime Reporting System, as amended by the Hate Crime Statistic Act.
Sex offenses, forcible, are any sexual acts directed against another person, forcibly and/or against that person's will, or not forcibly against a person's will where the victim is incapable of giving consent (FBI). Sexual offenses, forcible, include sexual assault, acquaintance rape, sodomy, sexual assault with an object, and fondling.
Nonforcible sex offenses include unlawful non-forcible sexual intercourse (FBI). These include incest and statutory rape.
The maximum sanction for having committed forcible or nonforcible sex offenses is expulsion.
WVU Sexual Assault Optional Resources
Medical:
· Ruby Memorial Hospital (304)598-4171 (Within 96 hours of assault, Rape Evidence Collection)
· Student Health Service (304)293-2311 (Examination for trauma, STDs, pregnancy)
Report:
· Campus-Department of Public Safety (304)293-3136
· City-Morgantown Police Department (304)284-7522
· County/State-Sheriff's Office (304)291-7260
· Rape and Domestic Violence Information Center (304)292-5100
· University (WVU)-Sexual Assault Education/Prevention Program (304)293-6972
Support Services:
· Rape and Domestic Violence Information Center (304)292-5100 (Hotline 24-hour advocacy)
· Student Health Services (304)293-2311 (medical, psychiatric resources)
· Dean of Student Life (304)293-5611
· Monongalia Health Department (304)598-5100 (free, confidential testing for sexually transmitted diseases, including HIV)
· University Advising Center (304)293-5805 (academic advising)
· University (WVU) Sexual Assault/Education Specialist (304)293-1377
· WVU Student Assistance Program (304)293-6972
· WVU Carruth Counseling and Psychological Services Center (304)293-4431
· Residence Life (resource for changes in living arrangements) (304)293-5079
Sexual Assault Procedures:
The following procedures relating to allegations of rape, acquaintance rape, sexual assault, sexual abuse, and all sex offenses, forcible or nonforcible, are adhered to in all West Virginia University judicial hearings as described in the West Virginia University Code of Student Rights and Responsibilities.
If you are accused of a sexual assault/offense or if you are accusing another student of a sexual assault/offense, you should be aware of the following student rights and responsibilities as they relate to hearings conducted by the WVU Committee on Student Rights and Responsibilities:
1. The accuser and the accused are entitled to the same opportunities to have an adviser present during such disciplinary hearing. Advisers may consult with the accused or accuser, whomever they accompany, but may not speak directly without permission of the Chair.
2. Students have the option to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying these authorities, if the student chooses to do so. In cases involving the potential for suspension or expulsion, the accused and the accuser may arrange at their own expense for legal counsel to be present in an advisory capacity at the hearing. Such counsel may consult with the accused or accuser, whomever they accompany, but may not speak directly at the hearing. The WVU Office of Judicial Programs must be notified within 48 hours of the hearing if legal counsel is to be present.
3. Both the accused and the accuser shall be informed of the outcome of such a judicial hearing, including the findings and any sanctions.
Initiating Protocol
A. Immediate Medical Care and Treatment
Any student who feels he/she has been sexually assaulted and requires medical attention is encouraged to contact the SEXUAL ASSAULT EDUCATION/PREVENTION OFFICE at (304)293-6972 OR (304)293-1377.
Department of Public Safety (304)293-3136
Ruby Memorial Hospital (304)598-4171
Student Health Services (304)293-2311
Morgantown Police Station (304)284-7522 (off campus)
All conversations and both informal and formal proceedings having to do with a complaint of sexual assault are kept confidential. Campus professionals providing medical and judicial services are sensitive to the importance of confidentiality in these matters.
The sooner a sexual assault is reported, the easier it is to collect valuable evidence and initiate support services for the victim. Within 96 hours of the assault, the medical evaluation and rape evidence exam are available through Ruby Memorial Hospital. Students who choose to have this service can have their billing for this procedure paid for by Student Health Service. To facilitate evidence collection the victim:
· should not bathe or douche;
· should not eat or brush their teeth if oral contact has occurred;
· should place soiled clothing in a paper bag (plastic bags destroy crucial evidence) to be taken to the emergency room or police department.
The Student Health Service is also available for medical evaluation. Medical attention is crucial for assessing internal injuries, sexually transmitted diseases, and possible pregnancy.
University police may transport the victim to the hospital for medical attention. If the victim does not want to contact the police, a friend or relative may transport the student to the hospital. When the victim arrives at the emergency room, the hospital will offer to call the Rape and Domestic Violence Information Center (304-292-5100) to arrange for a volunteer advocate to accompany the victim throughout the exam if she/he chooses.
If the assault takes place off campus, the Morgantown Police Department (304)284-7522 is available to facilitate this process with the victim.
The victim is strongly urged to seek appropriate medical attention. It is crucial in assessing possible injuries, as well as in collecting medical evidence should the victim choose to prosecute. Police will be contacted by the hospital to take possession of evidence collected while the victim makes a decision whether to pursue charges or not. Follow-up medical services can be arranged through the Student Health Service.
B. Reporting
All victims of sexual offense are encouraged to report the incident to the Student Sexual Assault Education and Prevention Program at (304)293-6972 or (304)293-1377. Regardless of whether the victim chooses to immediately involve law enforcement officials, the victim is strongly urged to seek medical attention.
A student may also choose to file a report with the Office of Student Life. The student will have the opportunity to discuss the report and determine whether there is a reason to believe a student conduct code offense has occurred. At this same time, judicial procedures will be reviewed, and the possible options a victim can pursue toward the resolution of the complaint will be explored.
When it is determined that there exists sufficient reason to believe a violation of the student code has occurred, disciplinary procedures may be initiated.
A student filing a report of sexual offense occurring in the residence halls will meet with his/her resident assistant or resident director to discuss this report and determine if a violation of policy has occurred. At the appropriate time, the University Housing and Residence Life judicial process will be explained. Also, it will be determined whether the severity of the report warrants further discussion of this incident and whether it should be referred to the Office of Student Life for further review. Sexual offenses of any form will not be tolerated. Possible sanctions for sexual assault or other sexual offenses by the institution following an on-campus disciplinary hearing are as follows:
· Housing and Residence Life may issue a variety of sanctions specifically related to residence hall living ranging from letters of warning to termination of the student's housing contract and referral to the Student Life Office for further action.
· Student Life may take actions ranging from issuing a letter of warning to the expulsion of the student. In instances where student organizations are involved, these organizations can have sanctions taken against them.
· The university police will refer the incident to Student Life or Residence Life after conferring with the county prosecuting attorney and/or they may also obtain arrest warrants and seek prosecution under state statue.
Violations of the University Policy and Procedures on Sexual Assault by its faculty, employees, and students are also subject to disciplinary measures.
C. Follow-up Support Services
Support services are available whether the victim chooses to report the assault to law enforcement or not. Research indicates that follow-up support efforts are of significant benefit to a victim/survivor of sexual assault.
