Sexual Abuse Policy

Purpose
The purpose of the following section on sexual abuse is to educate, illustrate, aid in the prevention of and assist in the treatment of sex abuse in the St. John's community. 

Policy
St. John's University will not tolerate or condone any instance of rape, acquaintance rape, other forcible or non-forcible sex offences or harassment within its community. Complaints filed with the University are subject to adjudication as outlined in the Student Handbook. The Student Handbook also delineates the rights of both the accuser and the accused. Anyone ultimately found guilty of these charges will be subject to appropriate sanctions ranging from suspension to expulsion. In addition, the University will assist in the prosecution of criminal actions filed against alleged violators.

The University will change the victim of a sex offense's academic and living situations if changes are requested and are reasonably available.

Definitions
What is Unlawful Sexual Abuse?
Section 130 of the New York Penal Law sets forth all sex offense crimes punishable by law, which includes rape, sodomy, sexual assault, forcible touching and facilitating a sex offense with a drug.

Rape
If a person engages in non-consensual sexual intercourse due to physical force, coercion or threat actual or implied, the act is considered rape in New York State. Sexual intercourse is any vaginal penetration, however slight. A person who is mentally incapacitated, asleep, physically helpless due to alcohol or drug consumption or under the age of 17 is unable to consent. If intercourse takes place without consent, it is considered rape. Regardless of the circumstances, sexual intercourse following a spoken no or any other expression of refusal or hesitation, even without further resistance of any kind, is rape, a felony crime in New York State.

Rape occurs most frequently between acquaintances or friends, and in group settings. Alcohol and drugs contribute to and exacerbate situations where rape can occur. Individuals who would never attack on their own may be pressured by peers to participate in group violation of an intoxicated victim.

Other Sex Offenses
Generally, a sexual offense, including sexual assault, is committed when a man or woman is forced or coerced, either through physical or psychological means, to engage in any form of sexual contact. It is also a sexual assault when one participant is unable to consent to the sexual conduct, due to intoxication, unconsciousness or other disabling condition, or age. If such contact includes penetration other than vaginal penetration the sexual assault constitutes sodomy. The Penal Law also makes it a crime to forcibly touch or grab the sexual parts of another, or to administer a controlled substance to a person with the intent of committing certain sexual offenses against them.

Sexual Harassment
Sexual harassment is a form of sex discrimination. It occurs in relationships of power and control (faculty/student, staff/student, employer/employee) and arises in either of two ways:

1. In quid pro quo situations, the aggressor uses his/her position as leverage to extort sexual contact from the victim in return for a promotion, a good grade, or even job security.

2. In hostile environment claims, the victim is subjected to unwelcome sexual advances that are so severe or pervasive that they create a hostile, offensive working or learning environment.

Sexual harassment also exists between peers (student/student, faculty/faculty). Acts of harassment can range from verbal suggestion or innuendo to offensive physical contact. This includes sexual remarks, joking, sexual propositioning, pinching, grabbing, or fondling. Where physical abuse is involved, victims may pursue the aggressor in a criminal action. Victims of sexual harassment can take civil actions against employers and/or educational institutions, which may result in money damages.

Rape, sexual assault and sexual harassment are against the law and against St. John's Code of Student Rights and Responsibilities. Individuals found guilty of violating these policies will be suspended or expelled from this institution.

Behavior
Behavioral Facts
The rapist is always responsible for having committed the rape. Regardless of the victims' appearance, behavior, judgment or previous actions, the victim is not responsible for the rape or sexual abuse.

Forced sexual intercourse, whether by a friend or a stranger, is rape. Studies indicate that nearly 90 percent of college women who are raped know their assailant(s). Rape by someone the victim knows is particularly traumatic because their trust in others and in their own judgment may have been shattered.

Behavioral Guidelines
Do not make assumptions. Do not assume that the way a person dresses or acts is an invitation for sexual advances. A person may welcome some forms of sexual contact and be opposed to others. Do not assume that an individual's prior consent to some form of sexual contact in the past opens the door to any sexual contact in the present.
Being under the influence of alcohol or other drugs is not an excuse for abusive behavior. This includes rape or sexual abuse.

A Clear Understanding of Consent is Necessary
Lack of consent to a sexual act results from:

• Forced compulsion including the use of physical force or threat (expressed or implied) which places the person in fear of immediate death or physical injury to self or another.

• Incapacity to consent.
A person is deemed incapable of giving consent if they are:

• Under the age of 17

• Mentally incapacitated (temporarily incapable of controlling their own conduct owing to the influence of a narcotic or intoxicating substance)

• Physically disabled

• Physically helpless (Unconscious or for any other reason physically unable to communicate unwillingness to act.)

Trust your feelings. If you feel you are being pressured into unwanted sexual activity, or if you feel you are pressuring someone else, stop it.

Sexual abuse happens by the choice of the abuser. Perpetrators must understand that their actions are destroying the dignity of another person. Such violations can and must be prevented through individual awareness and definitive campus community action.

Keep in mind:

• Control: Meet new acquaintances in public places; always have alternative transportation to and from your destination.  Be aware of alcohol consumption yours and theirs. Trust your instincts; and try to identify the reason for feeling uneasy about a person or situation.

• Communicate: Make your sexual limits known. If someone starts to offend you, be direct. Passivity may be wrongly interpreted as permission. Partners should be in touch with their feelings and be able to discuss those feelings with each other openly and clearly.

• Concern: If you see a situation where an individual is either incapable of making a decision on their own or apparently being forced to do something, act to stop it.

Skits, which include examples of stalking, harassment, and acquaintance rape, are performed by upperclassmen during the Summer Freshman Orientation Program. A question and answer period follows the performance of the skits.

Victims: What to Do
After an attack it is natural for a person to be confused, frightened and angry. Emotions will run high and thinking will be at best confused. For your own sake, try to remain as calm as possible so as to think more clearly. Naturally you should try to get to a safe place and get help as soon as possible. Having insured your own safety, you should immediately contact Public Safety, a friend or loved one, and call the police or a rape crisis service.

Although you may feel like burning or destroying your clothing and washing yourself, you must remember that rape is a criminal attack and changing your physical condition may hurt the state's case for prosecution. This means not changing, washing, or destroying any clothing or washing any part of the body, not douching and not even combing your hair.

You may feel numb as to the goings on about you, but it is important to receive medical aid promptly. Emergency rooms and emergency medical personnel have been trained to secure evidence in the proper fashion. Not only can internal and external injuries be treated, but measures can be taken to combat possibilities of venereal disease and pregnancy.

If possible, the victim should try to write down all the recalled details about the incident. The following facts are often helpful for police investigations:

Who, What, When, Where and How

• What the rapist or assailant looked like and any vehicles used;

• What kind of force or coercion was used;

• Any objects touched, taken or left by the rapist or assailant;

• If the rapist or assailant said anything, try to remember the words, the grammar, any accents or speech defects;

• If there were possible witnesses, who and where might they be.
It is important that you seek emotional support and professional counseling as well as medical attention. As in any crisis, the stress that the victim has endured will exhaust the ability to cope, and the aftereffects of this violation often develop later on in what has been termed a rape trauma syndrome. This syndrome includes a variety of debilitating difficulties commonly experienced by victims, which may not be evident until a point much later than the actual crime. Dealing with the battered victim's emotions is as important as any medical attention, which the victim may require, and the sooner the victim gets help, the better that individual will be able to cope and survive.

Helping a Friend
How to help a Friend Who Has Been Sexually Abused

• Believe your friend. Many people who have been sexually abused fear that no one will believe them or that their experience will be trivialized.

• Let your friend be in control of the situation, i.e., deciding who is informed of the incident. Trust and control over your friend's life has been disturbed. She/he needs to regain control and needs to be able to trust you. Respect confidentiality.

• Reassure your friend that she/he is not to blame.

• Let your friend know you care. This may be the first time your friend has talked about the abuse.

• Get help for yourself. You may feel the need to talk with someone about your own feelings and concerns.

Criminal Penalties
Criminal sex offenses are classified in degree according to the seriousness of the sexual activity, the degree of force used, the age of the victim, and the physical and mental capacity of the offender and victim. Criminal sex offenses range from Class A Misdemeanors, which are punishable by imprisonment of up to 6 months, to Class B Felonies which are punishable by imprisonment of up to 25 years. Monetary fines also may be imposed.

Resources
Anyone who has been raped, sexually abused, or harassed or has been the victim of any crime should consider discussing the incident with a professional staff person listed below. This confidential discussion will give the opportunity to recount to a trained support person what has taken place and to discuss how best to proceed. This support person will discuss options for formal reporting procedures and available medical and counseling resources.

Queens Campus

Staten Island Campus

Manhattan Campus

University-Wide Contact

Community Resources

Queens
• Queens General Hospital (718) 883-3000
• 107th Precinct (718) 969-5100
• Victims Services (718) 291-2555
• Services for Rape Victims  (516) 222-2293

Staten Island
• 120th Precinct (718) 876-8500
• St. Vincent's Hospital  (718) 876-1234 
• Victim Services (718) 447-5454

Manhattan
• 1st Precinct (718) 334-0611
• NYU Downtown Hospital  (212) 312-5070 
• St. Luke's/Roosevelt Hospital - Crime Victim's Treatment Center  (212) 523-4728 
• Victim Services Hotline  (212) 577-7777
• Sex Crimes Report Line (NYCPD) (212) 267-7273

Oakdale
• 5th Precinct (631) 854-8500
• Southside Hospital (631) 968-3000