Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Ripple Effects of Sexual Assault: Educational Issues
An alarming number of sexual assaults occur at schools—especially on college campuses. In 2000, the
U.S. Department of Justice National Institute of Justice and the Bureau of Justice Statistics reported that
3% of college women are victims of rape or attempted rape during a typical college year. In addition, the
overwhelming majority of sexual assault perpetrators on college campuses (90%) are people known to
their victims: usually classmates, friends, ex-boyfriends, or acquaintances. 1 That makes civil remedies
especially important because, as emphasized throughout Part II of this manual, assaults by non-strangers
are successfully prosecuted far less often than those by strangers.
Unfortunately, colleges and universities, as well as elementary and secondary schools, do not always
respond to sexual assault effectively and appropriately. Therefore, a legal advocate can be instrumental in
the educational setting to help survivors identify and obtain the relief they need. Survivors and advocates
might be able to negotiate with schools for accommodations or exceptions to policies, including keeping
records confidential. Other times the advocate might simply provide support during a disciplinary
proceeding, or point out existing laws that might benefit the survivor. Or, in some circumstances, the
advocate can help the survivor recognize when she or he may have a legal claim against the school.
This chapter will address some common problems that arise in the educational setting (colleges, high
schools, and elementary schools), survivors’ needs, and strategies for assistance outside the criminal
justice system.
Initial Strategies
Regardless of the number and type of schools in your service area, it is important to become familiar
with the policies of local school districts and colleges regarding sexual assault. Some schools and school
districts may have policies in place already that survivors can take advantage of. For example, a college
may be very lenient in allowing survivors to add or drop classes following a sexual assault, to relocate, or
to take leaves of absence.
If a school has special policies on sexual assault they can provide survivors with faster and more efficient
help than most other avenues. Advocates who are familiar with such policies (or lack thereof) can quickly
direct survivors to the best options available.
Also, keep in mind that most policies and other remedies will require some form of report by the survivor
to school officials, which is something the survivor might not be comfortable doing. Recent nationwide
research suggests more than 95% of survivors on college campuses do not report their assaults to campus
police or school officials. 2 Many student-survivors you encounter will not yet have notified their school,
and many will not intend to. Nevertheless, a knowledgeable and effective advocate will help survivors see
all available options and give them the opportunity to make an informed decision about disclosing sexual
assault to their schools.
Importantly, it is never too late to make a report to school officials. Even if legal deadlines have already
passed, or if the survivor does not perceive any immediate danger, a school can still take important action
to increase safety, including using the report as evidence in other situations involving the perpetrator.
1
Fisher, B.S., Cullen, F.T., & Turner, M.G (2000). “The sexual victimization of college women.” National Institute of Justice Research Report.
2
“Sexual Assault on Campus: A Frustrating Search for Justice,” Center for Public Integrity (December 2009).
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