SEXUAL ASSAULT PREVENTION

Sexual assault occurs more frequently than people realize, and it demands our attention.  At the University of Wisconsin-Superior, we are committed to the prevention of all forms of sex based abuse.  Coercive sexual contact and unwanted comments of a sexual nature are offensive and undermine the safety, security and dignity of all members of the University community.

Below you will find:

• Definitions of the Crime of Sexual Assault
• Procedures to be Followed in the Event of a Sexual Assault
• Protection Against Sexual Assault
• Rights of Survivors and Witnesses of Crime
• UW-Superior Domestic Abuse Policy

 DEFINITIONS OF THE CRIME OF SEXUAL ASSAULT

Four degrees of sexual assault are defined by the by the Wisconsin statutes.  These statutes recognize that sexual assault, sexual exploitation by a therapist and harassment are serious criminal offenses.  All members of the University community should understand how these offenses are defined in the law and to be aware of the penalties.  Students who have been assaulted should immediately contact Campus Safety or law enforcement for assistance.

940.225     SEXUAL ASSAULT.
(1) First Degree Sexual Assault. Whoever does any of the following is guilty of a Class B felony: 
      (a)  Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.
       (b)  Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon. 
       (c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

(2) Second Degree Sexual Assault. Whoever does any of the following is guilty of a Class C felony:
       (a)  Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
       (b)  Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care  for  the victim.
       (c)  Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising  the person's conduct, and the defendant knows of such condition.
       (d)  Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
       (e) Is aided or abetted by one or  more other persons and has sexual contact or sexual intercourse with another  person without the consent of that person.
       (f) Is an employee of an  inpatient  facility or a state treatment facility and has sexual contact or sexual intercourse with a person who  is a patient or resident of the facility.

(3) Third Degree Sexual Assault. Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class D felony.
(3m) Fourth Degree Sexual Assault. Whoever has sexual contact with a person without the consent of that person is guilty of a Class A  misdemeanor.

(4) Consent. "Consent", as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact.  Consent is not an issue in alleged violations of sub. (2)(c), (d) and (g).  The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2):
       (b) A person suffering from a mental illness or defect which impairs capacity to appraise personal conduct.
       (c) A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

(5) Definitions.  In this section:
       (a) "Sexual contact" means any intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant's or defendant's intimate parts if that intentional touching  is either for  the purpose of sexually degrading; or  for  the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or  if  the touching contains the elements of actual or attempted battery under s. 940.19 (1).
       (b) "Sexual intercourse" includes  the  meaning assigned under s. 939.22 (36) as well as cunnilingus,  fellatio or anal  intercourse between persons or any other intrusion, however slight, of any  part of a person's body or of any object into the genital or anal opening either by  the defendant or upon the defendant's instruction.  The emission of semen is not required.

939.50 CLASSIFICATION OF FELONIES.
(1) Except as provided in ss.946.83 and 946.85, felonies in chs.939 to 951 are classified as follows:
       (a) Class A felony.
       (b) Class B felony.
       (c) Class C felony.
       (d) Class D felony.
       (e) Class E felony.
(2) A felony is a Class A, B, C, D or E felony when it is so specified in chs.939 to 951.
(3) Penalties for felonies are as follows:
       (a) For a Class A felony, life imprisonment.
       (b) For a Class B felony, imprisonment not to exceed 20 years.
       (c) For a Class C felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.
       (d) For a Class D felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.
       (e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 2 years, or both.

939.51 CLASSIFICATION OF MISDEMEANORS.
(1) Misdemeanors in chs.939 to 951 are classified as follows:
       (a) Class A misdemeanor.
       (b) Class B misdemeanor.
       (c) Class C misdemeanor.
(2) A misdemeanor is a Class A, B or C misdemeanor when is it so specified in chs.939 to 951.
(3) Penalties for misdemeanors are as follows:
       (a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
       (b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
       (c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.

SEXUAL EXPLOITATION BY A THERAPIST
Under s.940.22, 89-90 Wis. Stats., any individual who performs or purports to perform psychotherapy, including physicians, psychologists, social workers, nurses, chemical dependency counselors, and members of the clergy, whether or not licensed by the state of Wisconsin, is prohibited from having sexual contact with a subject, patient, or client.

948.02  SEXUAL ASSAULT OF A CHILD.
(1) First Degree Sexual Assault.  Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years is guilty of a Class B felony.
(2) Second Degree Sexual Assault.  Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class B felony.
(3) Failure to Act.  A person responsible for the child's welfare is guilty of a Class C felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.

PROCEDURES TO BE FOLLOWED IN THE EVENT OF SEXUAL ASSAULT

• Call 911 or 715-394-8114 (Campus Safety) to report the crime.
• Do not change your clothes, shower, bathe, or douche.  If possible, do not go to the toilet.  Save all clothing, linens, or other items that may be been touched by the assailant for the Police Officers who will be responsible for evidence.  Do not wash clothing, linens, or other items that may have been touched by the assailant.  All physical evidence, including seminal fluids, hair, blood types and scrapings of flesh from the victim's fingernails are used in court.
• Go to a safe location as soon as possible. If you can find a friend to accompany you, that will be even safer.
• You are encouraged to contact a Campus Public Safety officer or city police officer in the event of a sexual assault. 
• To contact a Campus Safety Officer, you can call from an on-campus phone by dialing extension 8114 or dial 911.  If you are using any other phone, dial 715-394-8114 or 911.  Campus Safety Officers are on duty 24 hours a day, 7 days a week.
• If you are off campus, but in the City of Superior, you may go directly to the Superior Police Department, 1409 Hammond Avenue (open 24 hours a day, 7 days a week).
• You may request that the police investigation be conducted by a police officer of your gender, if available.  As a survivor of sexual assault, your name will not be released to the news media.
• Outside the City of Superior, contact the local law enforcement agency.
• You should go to the hospital immediately whether or not you choose to report the assault to the police.  Because of the dangers of sexually transmitted diseases, including AIDS, and the possibility of pregnancy resulting from the assault, you should go to the hospital as soon as possible.  This will provide you with medical and nursing assistance for any injuries you may have received, and will be necessary if you decide later to file a report of sexual assault with the police.
• Going to the hospital:  You may go to the hospital emergency room without filing a report to the police.  You should take a fresh set of clothes so that the hospital can save the clothes which you were wearing during the assault as evidence in case you decide to report the assault to the police.  A hospital examination may also be necessary for insurance claims and for partial reimbursement of survivor's expenses by civic agencies.
• Transportation to the hospital can be provided by a Campus Public Safety officer, a city police officer or the sheriff's department.
• Advocacy Assistance.  The Center Against Sexual and Domestic Abuse, Inc. (CASDA) has advocates available 24 hours a day, 7 days a week, to accompany you to the hospital, to the police department, to be with you when you talk to the police officers, or  to provide you guidance and support if you are the victim of an assault. To contact CASDA, you can call 715-392-3136 or 1-800-649-2921 if you are out of the county.  The telephone is answered 24 hours a day, 7 days a week.

PROTECTION AGAINST SEXUAL ASSAULT

THINK BEFORE YOU DO!
1.Listen carefully. Take time to hear what your partner is saying.  If you feel they are not being direct or are giving you mixed signals, ask for clarification. Be aware of your partner's body language and demeanor at all times.  Keep the lines of communication open.
2.Do not fall for the "No means Yes" stereotype.  When a person says "No," they mean "NO."
3.Remember that date rape is a crime.  It is never acceptable to use force in sexual situations.
4.Do not make assumptions about an individual's behavior.  Do not automatically assume that they want to have sex just because they are intoxicated, dressed provocatively, coming on to you, or if they agree to go to your room.  Also, do not assume that because a person consents to kissing or other sexual intimacies they are willing to have sexual intercourse. 
5.Be aware that having sexual contact with a person who is physically or mentally unable to give consent is rape.  If you have sexual contact with a person who is drugged, passed out, incapable of saying "no," or unaware of what is happening around them, you are guilty of rape.
6."Get involved" if you believe someone is at risk.  If you see a person in trouble or an individual using force or pressuring another person, do not be afraid to intervene.  You could save them from a terrible experience.
 
PERSONAL SAFETY
1.You have a right to say "No" to any unwanted sexual contact.  If you are uncertain about your situation, ask your partner to respect your feelings.
2.Communicate your limits firmly and directly.  Do not assume that your partner will "get the message" without your telling them.
3.Listen to your gut feelings. If you feel uncomfortable leave the situation or ask your partner to leave immediately.  Don't hesitate to state your feelings.
4.Date rape is the most common form of rape.  Be aware of your situation at all times!

PROTECTION AGAINST STRANGER RAPE

Walking on Campus:

• Always be aware of what is going on around you.  Stay alert to your surroundings.
• Walk with confidence.  Hold your head up and shoulders straight.
• At night stick to well-lit, populated areas and walk with another person.  Avoid walking alone or in isolated areas.
• Call Campus Safety for an escort if you ever need one.
• Take special precautions in parking lots, stairwells, elevators, bathrooms, and dark areas with shrubbery.  Studies show that many assaults by strangers occur in these places.
• If you suspect that you are being followed, go to a place where there are other people as soon as possible.  If you choose to run, run as fast as you are able and scream to attract attention or summon help.
• Follow your gut instincts.  If you sense that you may be at risk or in danger, try to get out of the situation.  For example, if you see a suspicious looking person or someone who makes you feel uncomfortable in a parking lot, leave the area.  Report your suspicions to the authorities.

In Residence Halls:

• Lock your door at all times, even if you run down the hall for just a few minutes.
• Do not prop outside doors open.
• Do not let people in the building who are not your guests.
• Be especially aware of security during vacation periods when there are fewer people on campus.
• Call Campus Safety for an escort to or from campus buildings and locations.

RIGHTS OF SURVIVORS AND WITNESSES OF CRIME

Below is an excerpt of Chapter 950, Wis. Stats., which details the basic bill of rights for victims and witnesses as well as the services available to victims and witnesses.

950.03  ELIGIBILITY OF VICTIMS.  A victim has the rights and is eligible for the services under this chapter only if the victim reported the crime to law enforcement authorities within 5 days of its occurrence or discovery, unless he or she had a reasonable excuse not to do so.

950.04  BASIC BILL OF RIGHTS FOR VICTIMS AND WITNESSES.  Victims and witnesses of crimes have the following rights: 
(1)  To be informed by local law enforcement agencies and the district attorney of the final disposition of the case.  If the crime charged is a felony or is specified in ch.940 or s. 948.02, 948.03 or 948.05, the victim shall be notified whenever the defendant or perpetrator is released from custody.  The victim shall be notified of a pardon application by the governor under s.57.09(3).
(2)  To be notified that a court proceeding to which they have been subpoenaed will not go on as scheduled, in order to save the person an unnecessary trip to court.
(2m)  To have the court provided with information pertaining to the economic, physical and psychological effect of the crime upon the victim of a felony and have the information considered by he court.
(3)  To receive protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available.
(4)  To be informed of financial assistance and other social services available as a result of being a witness or a victim of a crime, including information on how to apply for the assistance and services.
(5)  To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they are entitled.
(6)  To be provided, whenever possible, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants.
(7)  To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence.  If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.
(8)  To be provided with appropriate employer intercession services to ensure that employers of victims and witnesses will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearances.
(9)  To be entitled to a speedy disposition of the case in which they are involved as a victim or witness in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter.
(10)  To have the family members of all homicide victims afforded all of the rights under subs.(1) to (4) and (6) to (9) and analogous services under s.950.05, whether or not they are witnesses in any criminal proceedings. 

950.05  SERVICES FOR VICTIMS AND WITNESSES.
(1) Counties are encouraged to provide victims and witnesses the following services:
(a) Court appearance notification services, including cancellation of appearances.
(b) Victim compensation and social services referrals, including witness fee collection, case?by?case referrals and public information.
(c) Escort and other transportation services related to the investigation or prosecution of the case, if necessary or advisable.
(d) Case progress notification services which may be combined with services under par.(a).
(dm) Assistance in providing the court with information pertaining to the economic, physical and psychological effect of the crime upon the victim of a felony.
(e) Employer intercession services.
(f) Expedited return of property services.
(g) Protection services.
(h) Family support services, including child and other dependent care services.
(i) Waiting facilities.
(2) Counties are encouraged to assist victims in enforcing their rights under s. 950.045.

UW-SUPERIOR DOMESTIC ABUSE POLICY

PURPOSE:  To develop guidelines for officers' use in those incidents that fall under the statutory definition of domestic abuse as defined in section 968.075 of the Wisconsin State Statutes.

GENERAL STATEMENT:  The official response of this Department is to recognize that domestic abuse involves serious criminal offenses.  The intent of this policy is twofold: to maximize protection of victims of domestic abuse; and to hold the primary physical aggressor accountable for his/her abusive behavior.  This policy recognizes that violent behavior will neither be excused nor will it be tolerated regardless of the relationship of the persons involved.  Domestic abuse is not a private matter but a crime against the State of Wisconsin whose protection does not depend upon the willingness of a victim to prosecute.  Therefore, an officer shall make an arrest supported by probable cause and take a person into custody according to the procedures of this policy.

DEFINITIONS:
A.   Domestic abuse means any of the following:
       1.     Intentional infliction of physical pain, physical injury or illness.
       2.     Intentional impairment of physical condition.
       3.     A violation of 940.225(1)(2)(3)
       4.     A physical act or a threat in conjunction with a physical act which may cause the other person to reasonably fear imminent engagement in the conduct described above.
B.   Domestic abuse can be engaged in by any male or female adult who may be a spouse, former spouse, adult relative, or against any adult with whom the person resides or formerly resided.
C.   Relative means a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, aunt, child, stepbrother, stepsister, stepchild, father-in-law, mother-in-law, daughter-in-law, or son-in-law.

If you believe that you are a victim of domestic abuse while on campus, including the residence halls, immediately contact the Campus Safety Department by dialing 715-394-8114 (ext. 8114) or 911 (9-911) and ask a Campus Safety Officer to respond immediately.