- Sexual Assault Definitions
- Loyola’s Sexual Assault Definition
- What to do if you have been Sexually Assaulted
- Campus Safety's Response
- What to Expect from a Legal Perspective
- Why you Should Report Sexual Assaults
- Anonymous Reporting
- Other Sex Related Crimes
Sexual Assault Definitions
Sexual Assault, is defined by Illinois Criminal Code to be;
(720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
Sec. 12-13. Criminal Sexual Assault.
(a) The accused commits criminal sexual assault if he or she:
(1) commits an act of sexual penetration by the use of force or threat of force;
(2) commits an act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent;
(3) commits an act of sexual penetration with a victim who was under 18 years of age when the act was committed and the accused was a family member;
(4) commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.
Simply speaking, Sexual Assault is sexual penetration or contact through the use or threat of force, no matter how slight, or if the victim was unable to give consent. This can include but not be limited to; cunnilingus, fellatio and anal penetration.
Loyola’s Sexual Assault Definition
Loyola University Chicago's Student Code of Conduct defines sexual assault as any unwelcome sexual advance that injures or threatens to injure another person, including, but not limited to, rape. Sexual abuse is any actual or attempted non-consensual sexual activity, including, but not limited to, attempted intercourse, sexual touching, exhibitionism, or sexual language of a threatening nature. Non-consensual activity includes situations where consent cannot be given because the victim is incapacitated due to alcohol or drug consumption or is unconscious.
Someone who is incapacitated cannot legally give consent to sex and therefore, sex with someone who is incapacitated is sexual assault. Please refer to the "Gender-Based Misconduct and Title IX" section of the Community Standards (http://www.luc.edu/osccr/resources/communitystandards/) for definitions of consent and incapacitation.
What to do if you have been sexually assaulted
If you have been sexually assaulted your first concern should be for your own well being. If the person who assaulted you is still nearby you should get away as quickly as possible.
Your health is very important and you should seek medical aid as soon as possible. Even if there are no obvious signs of physical injury, there is still the risk of contracting a sexually transmitted disease.
To seek medical assistance, the best idea is to call 911 and request an ambulance; you can also call Campus Safety at 773.508.6039, Campus Safety can help arrange transportation to the hospital. The ambulance or Campus Safety will take you to the closest hospital where trained hospital staff will best accommodate your needs. If you feel that you may have been drugged it is extremely important to tell medical personnel this so that they can do appropriate testing.
If you want to report a sexual assault to the police you need to do this as quickly as possible. Far too often a delay in reporting results in a sexual assault case being dismissed in the courts. You should report a sexual assault by calling 911 or Campus Safety at 773.508.6039. You should report the assault even if you do not plan on pressing charges.
When you report a sexual assault, it is best if you are able to preserve any evidence that may have been left. Do not bathe, shower, douche, brush your teeth, chew gum or eat or drink anything. This is to preserve any biological evidence that could be collected. You should also preserve physical evidence that might contain bodily fluids, this can include, the clothing you were wearing, bed linens, a discarded condom etc. These items should be placed in a paper bag if at all possible and brought with you to the hospital or given to the police.
Campus Safety's Response
If you contact Campus Safety to report a sexual assault an officer will be dispatched to your location. Campus Safety Officers have received training on how to handle sexual assault cases in a way that accommodates the victim in every way. When an officer arrives they will ask if you want medical assistance. From there they will ask you very basic questions about the assault. They will ask you if you want to sign complaints. Signing a complaint is what is commonly referred to as "pressing charges." Signing a complaint means that you want the case to be investigated by the Police.
If you agree to sign a complaint, the Chicago Police Department will be contacted and an officer will respond to take a report.
Campus Safety’s role is to ensure that you have someone with you that understands the legal process and is able to help you better understand what to expect from a legal perspective.
What to Expect from a Legal Perspective
If you have been raped and you decide to report it by calling Campus Safety, an officer will respond. If you request to make a police report, the Chicago Police will respond to take a report. (Note: if you go the hospital, the hospital is required by law to call the Police. You do NOT have to talk to them, but the hospital is required to contact the police and inform them of the rape).
After speaking to the Chicago Police officer, they will give you a report number to be used as reference. Within days of reporting a sexual assault, a Detective from the Chicago Police Department will contact you to ask you follow-up questions. These questions are designed to help either identify the offender, or, obtain the necessary information or evidence to arrest an offender.
If an arrest is made there is a very good chance that you will have to appear in court to possibly testify against the offender. This can be an incredibly stressful and emotional experience but there are many resources in place for people to help you cope with the pressure and make it as easy on you as possible.
Why you should report sexual assaults
It is estimated that 1 out of every 5 college aged women are forced to have sexual intercourse, yet, only 16% of all rapes are reported to the police. This is an amazingly low number of people who step forward and report a sexual assault. In 85% of all sexual assaults, the person who was assaulted knew their attacker.
Many times, an attacker has sexually assaulted other women and there is a chance that they will do it again. By not reporting a rape, it can empower the attacker to think they can get away with it or give them the impression that there is nothing wrong with what they are doing. Reporting a rape can lead to an arrest and prosecution against an offender and could help stop them from repeating the crime.
Reporting a rape can help you find closure by knowing that the attacker has been legally punished for their crime. Many women find comfort knowing that the attacker has had to endure a trial and could face prison time for their crimes
Campus Safety accepts anonymous reporting for all crimes that occur on campus including sexual assault. Because of the seriousness of sexual assault, we encourage all survivors to come forward and report the facts of the incident. Please understand that by reporting the incident anonymously there is very little that can be done from a law enforcement perspective other than to have statistics that better represent sexual assaults on campus.
Other Sex Related Crimes
Criminal Sexual Abuse.
(a) The accused commits criminal sexual abuse if he or she:
(1) commits an act of sexual conduct by the use of force or threat of force; or
(2) commits an act of sexual conduct and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent.
(b) The accused commits criminal sexual abuse if the accused was under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed.
(c) The accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim.
(d) Sentence. Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony. For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.
(e) "Sexual conduct" means any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
Indecent Exposure/Public Indecency
A. Any person of the age of seventeen (17) years and upwards who performs the following act in
a public place commits a public indecency:
1. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of
B. "Public place", for purposes of this Section, means any place where the conduct is or may
reasonably be expected to be viewed by others.