Campus Sexual Violence: Complexities, Culture & Collective Action Presentation to Faculty Council January 26, 2015

Transcription

1 1 Campus Sexual Violence: Complexities, Culture & Collective Action Presentation to Faculty Council January 26, 2015 Noël Busch-Armendariz, PhD, LMSW, MPA School of Social Work Professor and Associate Dean for Research Director, Institute on Domestic Violence & Sexual Assault (IDVSA) Sexual assault is a complex and serious issue. Victims/survivors who experience sexual assault on college campuses face many of the same issues and obstacles facing other victims of sexual assault. However, college-aged victims have a unique set of concerns that should to be considered to provide a response that is effective and helpful. I have outlined some of the overlapping and specific issues below. This outline s brevity is not meant to cut short a thorough conversation about sexual assault on college campuses; exemplary services are built on a framework that encourages an axiom of trust building, dialog, evidence, competence, and thoughtful action. Guiding Queries What is the extent of the problem? What does it cost? What are the contributing factors to low reporting? Why are convictions low? What are the problems facing sexual assault survivors on college campuses and universities addressing this issue? What are possible next steps? 1. Myths about this crime prevail Research indicates that myths and misconceptions frame many social problems, including sexual assault (O Neil & Morgan, 2010). There is a general lack of understanding about the crime of sexual assault among the public, and research indicates that myths about this crime continue to prevail despite our work over the last three decades to dispel such myths. 2. Prevalence & Rates Generally three national studies inform our knowledge about prevalence and rates about sexual assault of college students: The National Crime Victimization Survey (NCVS), the National Intimate Partner and Sexual Violence Survey (NISVS), and the Campus Sexual Assault Study (CSA). These surveys differ on important methodological structures and therefore yield different findings. IDVSA conducts the adult victimization prevalence study for the State of Texas (2000; forthcoming summer 2015) although it does not target the college student experience specifically. Study Findings Details NCVS, per 1, per 1,000 nonstudents college students years old NISVS, % 2% lifetime (age of first completed) unwanted sexual contact, annual years old females CSA, % since entering college IDVSA, 2000; summer % 5% female students years old adult women lifetime adult men lifetime Campus climate studies are in the planning process (e.g. AAU) or being piloted (e.g. Rutgers University surveys); several universities have already conducted their own. The methods will be specific to college students and campus community and questions will go beyond prevalence questions. 3. Costs Sexual assaults cost approximately $27 million per year for adult victims in Texas ($15,000 - $50,000 per victim (Busch, Camp, & Kellison, 2006) in medical services, lost work productivity, and mental healthcare. Another study in 2006 estimated the cost of each sexual assault in Michigan to be $108,447 (Post, Mezey, Maxwell, Wilber, 2002). A national study found that costs of victimization including criminal justice costs, lost productivity, and victim costs are around $151,000 per sexual assault victim per year, leaving aside significant

2 2 additional costs like willingness to pay cost estimates to prevent sexual assault, which could push the total for sexual assault up to $448,000 per incidence (DeLisi, 2010). A conservative estimate of $100,000 per incidence of adult sexual assaults in Texas ($80,000 annually) yields a cost to victims and society of $8 billion each year, which would result in a rape tax of about $319 a year for each Texas resident (Busch-Armendariz, et al., 2011). Still, these costs are insignificant compared to a victim s pain and suffering and the losses she or he experiences. 4. Understanding Underreporting The vast majority of sexual assault cases go unreported (Busch, et al., 2003; Straight, 2007; The National Center on Women and Policing, 2001). In Texas, for example, it is estimated that only 18% of sexual assaults are reported to law enforcement agencies (Busch-Armendariz, et al., 2011; Busch, et al., 2003). Other national estimates range from 16 36% (Patterson & Campbell, 2010). College Students A 2014 Bureau of Justice Statistics study analyzed crime data from and concludes that college student as compared to nonstudents (80% versus 67% respectively) were more less likely to report to law enforcement (US Department of Justice, 2014). General Factors about Reporting & Increasing Reporting. Research indicates that it is very difficult for victims to report this crime because they often encounter insensitivity, doubt about the veracity of their story, and blame on the part of professionals (Aherns, 2006; Patterson & Campbell, 2010; Campbell, 2008). Other factors, such as not wanting other people to know about the rape, believing that evidence about the crime is insufficient, feeling uncertain about how to report the crime or even if a crime has occurred, and fear of retribution by the offender (Kilpatrick, et al., 2007), all contribute to delayed reporting and/ or failing to report the crime at all. Research also indicates that victims who initially delay but later report the crime typically seek informal advice from social support (Patterson & Campbell, 2010) and that reporting often is initiated or motivated once a victim considers other factors (e.g., that the offender may rape others, has identified the incident as a rape, has a medical concern, and/or after consultation with a friend who encourages the victim to report) (Patterson & Campbell, 2010). 5. Relationship of the Offender to the Victim Most victims of sexual assault are assaulted by someone that is related or known to them (Busch-Armendariz, et al., 2011; Busch, et al., 2003; Tjaden & Thoennes, 2000; Kilpatrick, et al., 2007). For women victims, 58% report the perpetrator was known to them, 37% was a relative and 14% were spouses or ex-spouses [this accounts for multiple victimizations] (Busch, et al., 2003). Most sexual assaults occur in locations that are familiar to the victim or perpetrator. (For women victims, 35% in their home/yard; 17% in perpetrator s home/yard) (Busch, DiNitto, Bell, & Bohman, 2010; Busch, DiNitto, Bell, Vohra-Gupta, & Rhodes, 2011; Busch, et al., 2003; Busch, et al., 2003). College Students 80% of rape and sexual assault victimizations college students and nonstudents knew their offenders (BJS, 2014). Martin and Bachman (1998) have suggested that rapes are most affected by the closeness of the relationship between the victim and the perpetrator and less affected by physical resistance by the victim. Victims may face increased difficulties formally reporting when the offender is someone known or related to them. 6. Trauma It is widely concluded by social scientists that many sexual assault victims suffer a specific array of effects resulting from the assault, including sexually transmitted infections and clinically diagnosable illnesses such as Post Traumatic Stress Disorder, substance abuse, major depression, and other mental health issues (Chen, 2010; Kilpatrick, et al., 2007; Center for Disease Control, 2009; Tjaden & Thoennes, 2006). It is puzzling because despite the demonstrated serious potential impact on survivors short-term and long-term physical and mental well-being, victims of sexual assault are less likely to report incidents (Patterson & Campbell, 2010) to law enforcement than other victims of violent crimes (Chen, 2010). This information is in no way meant to victim-blame; on the contrary, it is meant to assist professionals in designing reporting programs that are victim behavior-informed.

3 3 7. Understanding Connection to Alcohol Sexual violence, including rape and assault, more than many other crimes, is connected with alcohol consumption for both victims and perpetrators (Abbey, et al., 2007; Abbey, et al., 2001; Abbey, et al., 2003; Benson, Gohm, & Gross, 2007; Bernat, Calhoun, & Stolp, 1998; Carr & VanDeusen, 2004; Clum, Nishith, & Calhoun, 2002; Felson & Burchfield, 2004; Galvani, 2004; Gross, Winslett, Roberts, & Gohm, 2006; Norris, Davis, George, Martell, & Heiman, 2002; Parks & Miller, 1997; Testa, 2004; Ullman, Karabatsos, & Koss, 1999; & Zawacki, Abbey, Buck, McAuslan, & Clinton-Sherrod, 2003). Kilpatrick, et al. (2007) concluded that the highest sexual assault risk situation for college women is after they have become voluntarily intoxicated. Brecklin & Ullman (2002) found that 64% of male offenders used alcohol and or drugs prior offending and in 72-81% of cases in which a male rapes a female college student, the female victim is intoxicated (Lisak & Miller, 2002; Mohler-Kuo, et al., 2004). 8. Prosecution Rates Sexual assault is a complex crime and a number of factors compound its full adjudication in the criminal justice system. A BJS (2013) report found that 12% of sexual assault crimes led to arrest. At the National SART conference (2012) in Austin, Texas, it was reported that nationally fewer than 40% of sexual assault cases investigated by law enforcement agencies are presented to prosecutors. Consequently, most perpetrators of sexual assault are not held legally accountable for their crimes. Moreover, the social hurdles that police investigators, grand juries, prosecutors, and juries face in bringing perpetrators to justice are numerous and well documented, from blame the victim attitudes among the public and law enforcement, to the difficulty among victims to bring themselves to prosecute a family member, friend, or acquaintance for sexual assault. Specific Issues and Unique Challenges to Addressing Sexual Assault on College Campuses 1. Complexity of Dual Reporting, Liberties, Due Process, and Evolving Policies The rate of sexual assault on campuses is a great concern and yet at the same time, we know that most college students will never use their school s sexual assault victim services and/or report the sexual assault. Therefore, providing student victims with accurate information regarding the reporting system is challenging. Students may use their university or college s student disciplinary system and or a criminal justice system to report. As with other offenses there is a balance between pursuit of justice for victims and the principle of Due Process for alleged offenders and offender accountability. Sexual assault crimes are thorny and complex and this seems particularly true in a university setting with dual (or multiple) reporting systems where university actors may be under or untrained in all these proceedings in the context of evolving policy compliance. 2. Fear about Autonomy & Confidentiality College-aged victims may be worried about their parents and others finding out about the sexual assault. Specifically, college students may be particularly worried that parents will react to the disclosure in ways that will result in the students losing their relatively newly gained independence and autonomy. 3. Alcohol Consumption and Underage Alcohol Consumption College students who consumed alcohol before (or during) the sexual assault may minimize the sexual assault committed against them because of their alcohol consumption (either because they may have consumed a lot of alcohol or engaged in underage drinking). It is difficult to help victims understand that regardless of age and/or alcohol consumption, sexual assault is a serious crime and needs to be reported. 4. Perception of Lack of Accountability for Offenders There are perceptions among some students that universities may cover up allegations of sexual assault to protect the institution s reputation and/or may not hold offenders fully accountable. 5. Shared Community and Living Space Victims may face their offenders on a regular basis in classes, dorms, organizational meetings, etc. after the assaults or the adjudication process. 6. Student retention and graduation. After being victimized students may face challenges in pursuit of their degree programs.

4 4 Suggestions for Solutions & Collective Action at UT Austin 1. Sexual assault is a complex social problem that requires further exploration from multiple perspectives, particularly of victims and the professionals who assist them. On college campuses it is important that university administrators, staff, faculty, and students are all involved. 2. University actors need support and resources dedicated to the implementation of disciplinary processes, police investigations, and an advanced understanding of Title IX as it relates to sexual violence. There are many unintended consequences that will result for alleged offenders (those guilty and not guilty), universities and the process and outcomes have very real possibilities to re-traumatize victims. 3. Conviction Rates and Campuses Based on the foregoing, it is doubtful that that colleges and universities are likely to move the needle on the issue of conviction rates. Where appropriate, university actors can and should participate in a community Sexual Assault Response Team (SART) and, in that way, become connected with the district attorney and local law enforcement. At the same time, university police can engage with a community SART to establish and maintain lines of communication between professionals responding to sexual assault crimes moving through the criminal justice system. Universities may also help district attorneys understand the role alcohol, and complex consent issues often play in college sexual assault crimes. 4. Law enforcement Campus police, like all police, need more training regarding how to respond to reports of sexual assault crimes (e.g., the crime itself, how to collect forensic evidence, victim-centered, prosecutorial case preparation, etc.). IDVSA is working in partnership with key stakeholders on a Blueprint for Texas for College Police in Responding to Sexual Assault Crimes to be produced in August This product is our contribution to the White House s Not Alone campaign. 5. Alcohol Develop a think tank to address the intersectionality of alcohol and sexual assault among college-age students. University codes of conduct often address alcohol consumption and underage drinking. Still, these policies are not enough mostly because we know that sexual assaults are occurring off campus and at events sponsored by student organizations where university jurisdiction is problematic. Our conversations should take on these bold realities and work toward real solutions. 6. Collective Action Given the persistent prevalence and rates of sexual violence this country as a whole, is failing to address the root causes of sexual violence. We are concluding a four-year National Institute of Justice funded research project in Houston on untested sexual assault kits (often referred to as backlogged ) and the findings lead me to conclude that no single entity can prevent sexual violence. Because in fact, we do not yet know how to prevent it. However, if we are serious about reducing it and eventually ending it, we must develop a comprehensive plan, and colleges and universities have a role. Personal and professional connections make a difference in achieving (and maintaining) success. Faculty support and involvement will contribute to our continued work and success to address this issue at UT-Austin. 7. Be Courageous and Revolutionary to broaden the understanding of this crime and decrease its stigma. This may include prevention strategies that address the root causes of sexual assault, the role of alcohol in sexual assaults, organizational structures that contribute to its facilitation, programs to reduce it, and policies that will help to minimize its occurrence. We should strive for a No Rape campus while recognizing that achieving this goal will take our most creative and dedicated minds willing to be courageous and bold. Compliance, safety, rights and liberties must coexist at the 40 Acres as a model for the nation.

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