Appendix H:

Sexual Abuse

Sexual abuse occurs in epidemic proportions. This is especially true of “date rape” incidents involving college students. The Drake University policy on sexual abuse includes definitions, reporting procedures, prevention suggestions, criminal penalties and University sanctions.

Statement of Policy

Sexual abuse of students, faculty or staff is criminal behavior and is not tolerated at Drake University. It is the policy of the University to provide education to help prevent sexual abuse. Recommended measures are as follows:

  1. Inform faculty, staff and students of the procedures for reporting sexual abuse to the Des Moines Police Department and Campus Security.
  2. Educate faculty, staff and students as to the common sense practices which may enable them to avoid becoming victims of sexual abuse.
  3. Assure that Campus Security and University supervisors are aware of their responsibilities, the University’s policy, the laws and potential liabilities when sexual abuse occurs.
  4. Inform faculty, staff and students of the counseling services available to victims of sexual abuse.
  5. Encourage victims of sexual abuse to help punish perpetrators through use of the criminal courts.
  6. Educate faculty, staff and students to be respectful of the limits expressed or implied by their partners in sexual contacts.

Definition of sexual abuse and sex act. Iowa law defines “sexual abuse” as follows: Any sex act between persons is sexual abuse by either of the participants when the act is performed with the other participant in any of the following circumstances:

  1. The act is done by force or against the will of the other. If the consent or acquiescence of the other is procured by threats of violence toward any person or if the act is done while the other is under the influence of a drug inducing sleep, incapacitated beyond consent, or is otherwise in a state of unconsciousness, the act is done against the will of the other.
  2. Such other participant is suffering from a mental defect or incapacity which precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters.
  3. Such other participant is a child.

Iowa Code § 709.1Iowa law defines “sex act” as follows:

“The term sex act means any sexual contact between two or more persons by: penetration of the penis into the vagina or anus; contact between the mouth and genitalia or by contact between the genitalia of one person and the genitalia or anus of another person; contact between the finger or hand of one person and the genitalia or anus of another person…or by use of artificial sexual organs or substitutes therefore in contact with the genitalia or anus.”

Iowa Code § 702.17

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Punishment of Perpetrators of Sexual Abuse

Under Iowa law persons convicted of sexual abuse face the following penalties:

  1. Offense Classification: First Degree Sexual Abuse (Class A Felony)
    Description: In the course of committing sexual abuse the perpetrator causes another serious injury.
    Term of Imprisonment: Life without parole
  2. Offense Classification: Second Degree Sexual Abuse (Class B Felony)
    Description: In the course of committing sexual abuse the perpetrator displays a dangerous weapon or uses or threatens to use force or the other participant is under the age of 12.
    Term of Imprisonment/Fine: Not more than 25 years and/or a fine not exceeding $10,000.
  3. Offense Classification: Third Degree Sexual Abuse (Class C Felony)
    Description: The other participant is suffering from some incapacity (such as alcohol or drug-induced sleep) or the other participant is fourteen or fifteen years of age and the perpetrator is six or more years older than the other participant.
    Term of Imprisonment/Fine: Not more than 10 years and/or a fine not exceeding $10,000.

Iowa Code chapters 709 and 902

Procedures for Reporting Sexual Abuse

Any member of the University faculty, staff or student body who believes he/she has been the victim of sexual abuse is encouraged to immediately contact the Des Moines Police Department at 9-911. Campus Security should also be notified at 811. Sexual abuse victims should not bathe, shower or alter any evidence at the crime scene prior to involving the Des Moines Police Department.

Changes in Academic, Living and Work Situations

Upon the request of the victim of sexual abuse, changes can be made to the victim’s academic, living and work situations to the extent such changes are reasonably available.

Suggestions regarding preservation of evidence

Victims of sexual abuse should not move or touch any of the objects in the area where the sexual abuse occurred. If the incident occurred within the last three days and involved intercourse, the victim should not bathe, douche or change clothes. The victim should go to a hospital emergency room and get an evidentiary exam as soon as possible. If, however, the victim has not done so, she or he should still report the abuse.

Prevention of Sexual Abuse. Students, faculty and staff should follow a few common sense practices to reduce the chances of becoming victims of sexual abuse:

  1. Most sexual abuse occurs between people who know each other (date rape). Any person has the right at any time to tell the other person to stop his/her sexual advances. Sexual contact after that point is sexual abuse.
  2. Both partners are urged to talk with each other. The more communication between the two people, the more likely both will be comfortable with each other and their decisions.
  3. Partners should set sexual and touching limits and communicate those limits.
  4. Being drunk is no excuse. Sex with an individual “passed out” is rape.
  5. Alcohol consumption impairs judgment. Individuals should know their limits and stay within them.
  6. It is easier to resist a sexual abuse situation, if individuals have thought in advance how they might react.
  7. Individuals are urged to stay in well-lit areas when walking at night. Walking alone is not recommended. If a person must walk alone then he/she should let someone at the destination know when to expect him/her. Drake students living near the campus, taking night classes or studying on campus in the evenings can use Saferide which transports students from campus to various destinations in the Drake neighborhood.
  8. Curtains or shades should be drawn after dark and persons should not dress or undress in front of windows.
  9. If individuals think they are being followed, they need to move as quickly as possible to a heavily trafficked area and call the Des Moines Police Department or Campus Security.
  10. Locks to cars and living areas should be in working order and always used.
  11. If someone suspicious is in the residence hall or walking around outside, security is to be called.
  12. Red security phones with direct lines to Campus Security are located inside and outside of major buildings across the
    campus. Security phones can be used to report any suspicious activity.

Counseling

Counseling for sexual abuse victims is available at the University’s counseling center. In addition, counseling is available from Crime Victim Services (286-3535), a Polk County Service offering counseling and assistance to victims of sexual assault, and First Call for Help (246-6555), a resource and referral service that offers help and guidance in dealing with sexual assault.

Prepared by the Office of Student Life and approved by the Student Senate Executive Committee on November 10, 1992, Faculty Senate on November 18, 1992, and the Board of Governors on January 30, 1993.

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