Sexual Assault FAQs
Sexual Assault FAQs
WHAT IS SEXUAL ASSAULT? +
Sexual assault is defined as non-consensual sexual intercourse or unwanted physical contact with the intimate parts of a person’s body for purposes of sexual gratification, humiliation or degradation. The intimate parts of a person’s body means the genital area or any substance emitted there from, groin, anus or any substance emitted therefrom, inner thighs, buttocks or breasts. Rape is a type of sexual assault that involves sexual intercourse which is initiated by one or more persons against another person without that person’s consent. Sexual intercourse means vaginal intercourse, anal intercourse, fellatio or cunnilingus between persons regardless of gender. Penetration, however slight, is sufficient to complete intercourse or fellatio and does not require the emission of semen. Penetration may also be committed by an object manipulated by the perpetrator into the genital or anal opening of the victim’s body.
WHAT ARE SOME EXAMPLES OF SEXUAL ASSAULT? +
Some examples of sexual assault include, but are not limited to:
- Someone touching, fondling, kissing or making contact with the intimate parts of your body without your consent;
- Someone putting their finger, tongue, mouth, penis or any object in or on your vagina, mouth, penis or anus without your consent.
WHAT DOES SEXUAL ASSAULT HAVE TO DO WITH SEXUAL HARASSMENT? +
Sexual assault is the most severe form of sexual harassment.
CAN I BE SEXUALLY ASSAULTED BY MY BOYFRIEND, GIRLFRIEND, PARTNER, SPOUSE, FRIEND OR ACQUAINTANCE? +
Yes. The definition is the same regardless of who the accused is – if there was no consent, there is sexual assault.
WHAT IS THE UNIVERSITY’S DEFINITION OF CONSENT? +
The University defines “consent” as an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be informed, freely and actively given. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. The lack of a negative response is not consent. An individual who is incapacitated by alcohol and/or other drugs both voluntarily or involuntarily consumed may not give consent. Past consent of sexual activity does not imply ongoing future consent.
HOW DO I KNOW WHETHER SOMEONE IS INCAPACITATED (I.E., BY DRUGS OR ALCOHOL) AND THUS, CANNOT CONSENT TO SEXUAL CONDUCT? +
Signs of incapacity include, but are not limited to: slurred speech, bloodshot eyes, stumbling or difficulty maintaining balance, vomiting, inability to focus eyes, inability to communicate/comprehend situation, and unconsciousness. Incapacity can also be inferred if you witness someone consuming a large amount of alcohol in a short period of time or engaging in drug use. If you are unsure whether someone is incapacitated, protect yourself by not engaging in sexual contact with that person.
WHAT IF SOMEONE IS INCAPACITATED BUT STILL GIVES SIGNS OF CONSENT TO THE SEXUAL ACTIVITY? +
If the other person knew or should have known that the individual was incapacitated, there is no consent, regardless of any signs of consent.
WHAT IF I AM UNDERAGE BUT WAS INTOXICATED AT THE TIME OF THE SEXUAL ASSAULT – WILL I GET CHARGED WITH UNDERAGE DRINKING IF I REPORT THE ASSAULT? +
No. If you have been sexually assaulted while underage and intoxicated, neither you nor a friend assisting you will be charged with underage drinking by the University of Central Florida.
WHAT IS THE ROLE OF ALCOHOL AND DRUGS WITH SEXUAL ASSAULT? +
Alcohol is present in 80-85% of reported rapes. Drinking too much in no way makes being raped or assaulted your fault! Legally, if you were intoxicated or passed out as a result of over-drinking or drugs, it was impossible to give consent.
There are a number of “date rape” drugs used in the community. Some examples include rohypnol, GHB, and Ketamine HCL. With regard to the drug rohypnol – also known as Ruffies, Roaches, Rope, Mind-Erasers, Lunch Money and Mexican Valium – this drug is in the same family as Valium. However, it is described as being 10 times stronger than Valium. It is illegal in the U.S. but is used in 80 other countries to treat people with severe and debilitating sleep disorders. It is also used as a pre-anesthetic before surgery. It is odorless, tasteless and colorless and dissolves rapidly in alcoholic and nonalcoholic drinks. Physical effects are noticeable within 20-30 minutes of ingestion, and their overall effects can last from six hours to 20 hours, depending on the dose that was taken. Complete or partial amnesia is the most common effect of this drug, especially when taken with alcohol. The person who ingested rohypnol may also experience the following symptoms:
- Feelings of extreme drunkenness
The effects of the drug vary, however, depending on the dose ingested, whether it is taken with alcohol, weight, metabolism, and how soon medical care is received.
With regard to GHB (chemical name is gamma hydroxybutrate), it is also known as Liquid G, Georgia Home Boy, Gamma 10, Energy Drink, Liquid Ectasy, and G-Juice. It acts as a depressant on the central nervous system and is marketed in liquid, pill or powder form. It can be slipped into a drink and a person can feel the effects within 15 minutes of ingestion. The effects include those very similar to Rohypnol symptoms, such as confusion, intense drowsiness, and unconsciousness. Mixed with alcohol, GHB can cause the central nervous system to shut down, lead to loss of consciousness and possibly result in a coma or death.
With regard to Ketamine HCL, which has the street name of Special K, it is a general anesthetic used in veterinary medicine. It is a clear liquid or white powder and causes hallucinations, paralysis, and respiratory depression. Most labs are unable to test for this drug because it is metabolized completely within 2 hours.
WHAT DO I DO IF I SUSPECT I’VE BEEN DRUGGED AND SEXUALLY ASSAULTED? +
Urgent & Medical Care: https://letsbeclear.ucf.edu/get-help/survivors/immediate-steps/
In addition, when getting medical care, request a urine test as quickly as possible to detect the presence of drugs because every hour matters. Chances of getting proof that you were drugged are best when the sample is obtained soon after the substance has been ingested, but depending on the substance used, the test can be reliable even on a sample obtained 72 hours later.
HOW CAN I REDUCE MY RISK OF BEING DRUGGED AND SEXUALLY ASSAULTED? +
Remember that it is never your fault if you have been drugged and sexually assaulted. That said, there are things that you can do to reduce the risk of that occurring such as:
- Be aware of your limits and honor your instincts.
- Communicate with your friends and those you’re partying with ahead of time about your plans for the evening.
- Do not leave beverages unattended.
- Do not take any beverages from someone you do not know well or trust.
- At parties, do not accept open container drinks from anyone.
- Be alert to the behavior of friends and ask them to watch out for you. Anyone extremely intoxicated after consuming only a small amount of alcohol may be in danger.
WHAT IF I CONSENT TO SOME SEXUAL ACTIVITY, BUT THEN SAY NO TO OTHER SEXUAL ACTIVITY; CAN THERE STILL BE SEXUAL ASSAULT? +
Yes. There must be affirmative consent to each sexual act. Consenting to one act does not infer consent to other acts. If there is consent to one sexual act, but not for another, the act for which there is no evidence of consent will be considered sexual assault.
WHAT IF I WENT ON THE DATE WILLINGLY OR STARTED TALKING TO THE PERSON FIRST, DOESN’T THAT MEAN THAT I CONSENTED? +
No. You always have the right to say no, even if:
- You have been drinking;
- You have been making out;
- You have had sex before;
- You said yes, then changed your mind;
- Your partner says, “You owe me;”
- You’re flirting or wearing sexy clothes; or
- You think she or he will get mad.
IN ORDER TO ESTABLISH THAT I HAVE NOT CONSENTED TO SPECIFIC SEXUAL ACTIVITY, AM I REQUIRED TO PHYSICALLY RESIST THE SEXUAL ACTIVITY? +
No. Physical resistance is not required. There is no consent if a reasonable person would believe that there was no mutually understood, freely given agreement to the sexual activity.
I’M FEELING SO MANY DIFFERENT EMOTIONS. IS THIS NORMAL? +
Reactions to a traumatic experience such as sexual assault vary from person to person. The following are examples of some of the physical and emotional reactions that a victim of sexual assault might experience:
- Aches and pains: headaches, backaches, stomach aches
- Sudden sweating and/or heart palpitations
- Changes in sleep patterns, appetite, interest in sex
- Constipation or diarrhea
- Easily startled by noises or unexpected touch
- More susceptible to colds and illness
- Social Withdrawal
- Concern for the assailant
- Lack of concentration, resulting in academic difficulties
WHAT CAN I DO IF I OR SOMEONE I KNOW WAS SEXUALLY ASSAULTED? +
DOES IT MATTER WHEN I REPORT THE SEXUAL ASSAULT? +
You can always report a sexual assault to the police and/or University regardless of when it occurred. However, it may be helpful for you to know that the sooner you file a report after the incident, the better the chances that helpful evidence can be collected to support a criminal case, that you will be able to convey a clear account of what happened, and that the police and University will be able to identify and speak with witnesses. If you wish to report the assault to the police, it is strongly recommended that you do so as soon as possible after the assault. Also, if you choose to report the incident to the University and utilize the student conduct process (either in addition to or in lieu of the criminal prosecution process), there is no time limit to initiate the case.
WHAT WILL HAPPEN IF I CALL THE POLICE OR GO TO THE HOSPITAL? +
WHAT ARE THE BENEFITS OF REPORTING THE SEXUAL ASSAULT TO THE POLICE? +
The benefits of reporting the assault to the police are that the police can preserve evidence of the assault; the police can advise a victim on safety planning techniques, including how to obtain a restraining order and/or protective order; the police can escort a victim to obtain the necessary medical treatment; the police can inform the victim of his/her eligibility for state crime victim compensation funds (compensation for medical and dental expenses related to the crime; counseling, lost wages, and other assistance); and the police will assist with prosecuting the accused, which can lead to punishment of the accused and protection of the victim and others in the community from being victimized.
WHAT IF I DON’T WANT TO FILE A CRIMINAL REPORT? +
You are not required to file a criminal report. The decision whether to report the assault to the police is entirely your decision to make. If you choose not to report the assault to the police, you are still encouraged to obtain medical treatment and contact an advocate to assist you with recovering from this event.
IF I DON’T FEEL SAFE, WHAT CAN THE UNIVERSITY DO FOR ME? +
The University will work with you to identify options that will help you feel safe – for example, identifying alternative living arrangements, parking and transportation issues, and/or academic/social concerns, as well providing you with information regarding obtaining a protective order or restraining order. The Title IX Coordinator and representatives from other on-campus resources can assist you with this, such as the Dean of Students Office, and the Office of Institutional Equity. Please see: https://letsbeclear.ucf.edu/get-help/
IF I REPORT BEING SEXUALLY ASSAULTED BY SOMEONE LIVING IN OR NEAR MY RESIDENCE HALL, WILL I HAVE TO MOVE? +
Not unless you choose to. In the majority of cases, once a report is made and the investigation begins, the accused would be the person moved to another location if they live on the campus and in proximity to the reported victim, at the request of the victim.
WHAT IF I HAVE A CLASS WITH THE PERSON WHO ATTACKED ME? +
While every case is different, efforts will be made to assist the student victim in eliminating or minimizing contact with the accused. In some cases, the accused will be moved to a different residence hall or removed from the campus pending the outcome of the case. Unless notified that the accused has been removed, the student should be prepared for the possibility of seeing the accused on campus. Student victims are encouraged to inform the University representative supporting them in this process and/or the Title IX Coordinator as soon as possible if the student has classes or lives in the same residence hall as the accused and the victim needs assistance with changes to living arrangements or academic schedules. In any case, it will be important to avoid direct contact with this person.
WHAT CAN I EXPECT IF I DECIDE TO FILE A COMPLAINT WITH THE OFFICE OF INSTITUTIONAL EQUITY AGAINST THE STUDENT WHO ASSAULTED ME? +
Please see Title IX Policy and Procedure section of The Golden Rule Student Handbook.
WHAT CAN I EXPECT IF I DECIDE TO FILE A COMPLAINT WITH THE OFFICE OF INSTITUTIONAL EQUITY AGAINST THE EMPLOYEE WHO ASSAULTED ME? +
Please see Complainant Options For Reporting Prohibited Conduct section of UCF’s Policy 2-004.1 Prohibition of Discrimination, Harassment and Related Interpersonal Violence.
WHAT IF I GET THE PERSON WHO ASSAULTED ME IN TROUBLE? I DON’T WANT THAT PERSON TO GET REMOVED FROM CAMPUS. +
Individuals are responsible for their own conduct and need to face the consequences, which may, but do not always mean, getting kicked off campus. By coming forward, you are helping to prevent sexual assault from happening to other community members in the future.
I DON’T WANT TO GO THROUGH THE UNIVERSITY’S CONDUCT PROCESS AFTER FILING MY COMPLAINT. DO I HAVE TO PARTICIPATE? +
No. Your level of participation is entirely up to you. You can choose to participate in the full investigation, including the hearing; you can choose to participate only in the investigative process; you can also choose to submit a written statement for either the hearing, the investigative process, or both. A Title IX Investigator will discuss all of these options with you at an intake meeting.
WHY IS THE TITLE IX COORDINATOR LISTED AS A RESOURCE? I THOUGHT TITLE IX HAD TO DO WITH GENDER DISCRIMINATION IN SPORTS. +
Title IX of the Educational Amendments Act prohibits sex discrimination and sexual harassment at educational institutions, in addition to requiring equity in sports. The Title IX Coordinator, Matt Ricke, is the individual responsible for ensuring compliance with the law in this area at UCF. Please see: https://letsbeclear.ucf.edu/title-ix-at-ucf/about-title-ix-at-ucf/
WHAT IF I AM SEXUALLY ASSAULTED IN ANOTHER COUNTRY ON A UNIVERSITY-SPONSORED STUDY ABROAD PROGRAM? +
The same resources and reporting options that are available to students on campus are available to individuals sexually assaulted in another country on a University-sponsored study abroad program. However, the laws in each country may vary on what constitutes a sexual assault and how such matters are handled by police and/or courts in comparison to the United States.
WHAT RIGHTS DO I HAVE IF I AM ACCUSED OF SEXUAL ASSAULT? +
The rights of the person accused of sexual assault and the person reporting a sexual assault are set forth in detail in The Golden Rule. Please also see: https://letsbeclear.ucf.edu/get-help/accused-respondents/
WHAT IF I AM FOUND RESPONSIBLE BY COMMUNITY STANDARDS FOR VIOLATING THE Golden Rule CODE’S PROVISIONS PROHIBITING SEXUAL MISCONDUCT? +
The Office of Student Conduct may impose a range of sanctions, including suspension or expulsion from the University.
WHAT IF I BELIEVE THAT I’VE BEEN FALSELY ACCUSED OF SEXUAL ASSAULT? +
You will have the opportunity to fully provide your side to the investigator. If there is evidence to establish that you have been falsely accused, that will be considered in the investigation, and the investigator’s analysis of the evidence will be provided in a written report upon completion of the investigation. Further, the Golden Rule and University Policies state that anyone who knowingly files a false complaint, or who knowingly provides false information to, or intentionally misleads University officials, is subject to discipline, up to discharge for employees and dismissal for students.
I WOULD NEVER WANT TO HURT SOMEONE OR BE ACCUSED OF SEXUAL ASSAULT. WHAT CAN I DO TO PROTECT MYSELF? +
Listen carefully. Take the time to hear what your date is saying. If you feel you are getting “mixed messages,” ask for a clarification. Don’t fall for the common stereotype that when someone says “No” they really mean “Yes.” “No” means “No.” If someone says “No” to sexual contact or they are not sure if they want to engage in the sexual activity, stop immediately.
Remember that “date rape” is a crime. It is never acceptable to use force in sexual situations, no matter what the circumstances. Don’t assume that your date wants to have sex
- because they drink, dress provocatively, or agree to go home with you;
- because they had sex with you previously;
- because they willingly engage in kissing and/or other sexual interaction;
- because you bought them dinner and drinks;
- because of any reason other than on-going, affirmative consent to each sexual act.
Be aware that having sex with someone who is mentally or physically incapable of giving consent is rape. If you have sex with someone who is intoxicated to the point of incapacitation, drugged, passed out, incapable of saying “No,” or unaware of what is happening around him or her, you may be guilty of rape.
Get involved if you believe someone is at risk. If you see someone using force or pressuring his or her date, don’t be afraid to intervene by getting help. You may save someone from becoming a victim. Avoid clouding your judgment and understanding of what another person wants by using alcohol and other drugs.
CAN MEN BE VICTIMS? +
Yes. Sexual assault affects us all, despite gender. Not until recently has the prevalence of the sexual assault of men been discussed. In fact, nearly 10% of all adult rape victims are male.
DOES RAPE OF A MALE ONLY HAPPEN IN PRISON? +
No. While it is true that sexual assault of males is often considered to be a part of prison culture, the occurrence of male rape is not isolated to that culture. Sexual assault of males can occur at any place and at any time.
ARE MEN WHO RAPE OTHER MEN GAY? +
Rape is not about sexual preference or desire – it is about power and control. The motivation of the rapist is to humiliate the other person. A survey of convicted rapists found that at least half of these men did not care about the gender of their victim; they raped both men and women. In fact, most male rapists identify themselves as heterosexual.
CAN RAPE HAPPEN TO “REAL MEN?” +
Rape is something that can and does happen to an entire spectrum of men, regardless of physical strength or prowess. Anyone can be overpowered or taken by surprise.
CAN A MAN STILL HAVE AN ERECTION IF HE IS FRIGHTENED? +
Yes. Several studies have found that victims commonly do report erections and even ejaculations while being raped. These are uncontrollable, automatic, physiological responses, and do not mean that the victim enjoyed the experience or consented to the experience.
CAN A WOMAN RAPE A MAN? +
Yes. Women can and do commit rape of men. Sexual assault of a man by one or more women is just as serious as any other type of sexual assault.