Sexual Assault Guide

Home I am a victim of sexual assault, what should I do? My friend has been a victim of sexual assault, how can I help? More Questions

I'm unsure...

  • What is considered sexual assault?
  • Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient.


  • What counts as consent?
    • Consent is an affirmative decision to engage in mutually acceptable sexual activity, and is given by clear words or actions.
    • Consent is an informed decision made freely and actively by all parties.
    • Consent may not be inferred from silence, passivity, or lack of resistance alone.
    • Consent to one form of sexual activity does not imply consent to other forms of sexual activity and the existence of a current or previous dating, marital, and /or sexual relationship is not sufficient to constitute consent to additional sexual activity.
    • Consent cannot be obtained from someone who is asleep, unconscious, or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition.
    • Consent cannot be obtained by threat, coercion, intimidation, isolation, confinement, or force. Agreement given under such conditions does not constitute consent.

  • Am I in an abusive relationship?
  • Relationship abuse is a pattern of abusive and coercive behaviors used to maintain power and control over a former or current intimate partner. Abuse can be emotional, financial, sexual or physical and can include threats, isolation, and intimidation.


  • Is it rape if we didn't actually have sex?
  • Rape is any non-consensual sexual activity, which can be anything from penetrative sex to unwanted sexual touching or groping. And rape doesn't require a penis — objects or fingers can be used to rape or assault.


  • Is it rape if we are dating?
  • Sexual assault can occur within relationships. Giving someone consent in the past does not give them consent for any act in the future. If you did not consent, they acted against the law—and you can report it.


  • I don’t have any evidence (i.e. took a shower, it’s been days, they used a condom), what do I do?
  • Most sexual assaults do not result in external physical injuries. It's important to receive medical attention to check for internal injuries. You can also choose to have a sexual assault forensic exam to check for DNA evidence that may not be visible on the surface.


  • What if my perpetrator gets mad at me for reporting? What if they attack me? What if they tell everyone?
  • If you are anxious about your safety, you should express your concerns when you file a report with the police. They can help you file a restraining order and provide legal protection against your assailant.


  • Is it rape if I didn’t fight back? Is it rape if I didn’t say no?
  • Unless a person gives clear, express consent to sexual activity, they are not a consenting sexual partner. The absence of "no," or even a partner's total silence, does not constitute consent. If a man or a woman shows disinterest in, or discomfort with, finishing a sexual activity, but their partner ignores their uneasiness so they can finish, that qualifies as rape.


  • I was drunk at the time, will I get in trouble?
  • You cannot consent to sex while under the influence of drugs or alcohol. This does not mean that anyone who is drunk and has sex is violating the law, but what it does mean is that you have personal rights that must be respected even if you are drinking. In cases of intoxication, the primary concern is the health and safety of the individual(s) involved.


  • I don’t remember anything about the incident.
  • Just because you don’t remember being assaulted doesn’t necessarily mean it didn’t happen or that it wasn’t rape. Memory loss can result from the ingestion of certain drugs and excessive alcohol consumption. Even if you chose to take drugs or to drink alcohol, what happened is not your fault.


  • I was assaulted by someone of the same gender, does that make me gay?
  • A common misconception is that if a person is sexually abused by a person of the same sex, it means that he/she will become sexually attracted to his/her own sex. Being attracted to others is not related to whether or not a person was sexually abused.


What happens if I report it?

  • Will I lose my scholarship/get kicked out of Penn if I report this?
  • No. Penn is committed to helping survivors access necessary care and support.


  • Who finds out if I report this?
  • If you report the rape to police, there will be a police file, and eventually your name will be a matter of public record. That's not the same as having it be publicly known, however. Someone would specifically have to be looking through physical paper documents, most likely, to come across your name.


  • I’m too busy, how long will this take?
  • An investigation can take a long time. If there is a prosecution it can take anywhere from 6 months to years from the time a report is made to the police until there is a trial or a plea agreement is reached. But please remember that there are services and people out there to support you, you don’t have to go through this alone.


  • What is the reporting process?
  • If you decide to report to law enforcement, the interviewing officer will need to ask you a series of questions. Sometimes these questions can be uncomfortable but the law enforcement officer needs honest answers in order in order to move the case forward. An advocate is available to accompany you during a law enforcement interview in order to provide support. Once you report to law enforcement, law enforcement will investigate and give a report to the district attorney, who will then decide if there is enough evidence to move forward with arrests and prosecution


    What happens if I seek medical attention?

  • I’m on my parent’s insurance, will they find out if I go get help?
  • The cost of the evidence collection kit is free. However, there may be charges for other kinds of medical care, like preventative medications for STIs or for treatment of injuries you might have sustained. If you have other medical costs arising from an assault which requires hospital treatment, billing your insurance will list the services you received (an explanation of benefits) for whomever pays for your insurance (for example, a parent or a spouse.)


  • Do I need an STDs test?
  • It is recommended that you get an STDs examination if you are unaware of the perpetrator's health status.


What is a rape kit and do I need one done?

  • What is a rape kit and do I need one done?
  • The term rape kit actually refers to the kit itself—a container that includes a checklist, materials, and instructions, along with envelopes and containers to package any specimens collected during the exam. A rape kit may also be referred to as a Sexual Assault Evidence Kit (SAEK).

    You will need a rape kit done if you plan on pressing charges in the future. It is highly recommended that you complete one, just in case you change your mind about pressing charges later on.


  • Where can I get a rape kit done?
  • The Philadelphia Sexual Assault Response Center (PSARC) is the only location to get a rape kit conducted. Special Services can accompany you to PSARC and wait with you through the entire visit.


  • What’s the time limit for me to get a rape kit done?
  • In most cases, DNA evidence needs to be collected within 72 hours in order to be analyzed by a crime lab—but a sexual assault forensic exam can reveal other forms of evidence beyond this time frame that can be useful if you decide to report.


  • What happens if they take evidence from me and I don’t want to press charges anymore?
  • If you choose not to report to the police at the time that evidence is collected, you will be given an anonymous tracking number for your kit, and it will be stored by the State Crime Lab for 6 months. You can also have the storage time for your kit extended to prevent it from being discarded.


  • I’m on my parent’s insurance, will they find out if I go get help?
  • The cost of the evidence collection kit is free. However, there may be charges for other kinds of medical care, like preventative medications for STIs or for treatment of injuries you might have sustained. If you have other medical costs arising from an assault which requires hospital treatment, billing your insurance will list the services you received (an explanation of benefits) for whomever pays for your insurance (for example, a parent or a spouse.)


What do I do now?

  • Self-care for victims and friends of victims
  • Check out the CAPS website on tips and exercises for self help



  • I need somewhere safe to stay
  • Under the Clery Act, a federal law that intersects with Title IX, colleges and universities must provide students with alternate living accomodations. Also, Women Against Abuse of Philadelphia will provide emergency shelter and or transitional housing to all survivors.


  • I don’t have insurance.
  • By law, you should not be billed for the direct costs of a sexual assault forensic exam. Penn also provides free and confidential services to all Penn undergraduate, graduate, and professional students through CAPS.


What can Penn do for me?

  • I was assaulted off campus.
  • Special Services of Penn Police can help you no matter where you are in the world.


  • I’m in the same class as my attacker.
  • Penn resources, such as Special Services and Student Intervention Services, can coordinates with schools to help you adjust your course and exams schedule as needed.


  • I live in the same college house as my attacker.
  • Penn resources, such as Special Services and Student Intervention Services, can coordinates with housing administrators to help you adjust your housing needs as needed.


  • I don’t want to talk to someone affiliated with Penn.
  • Call the National Sexual Assault Telephone Hotline: 800.656.HOPE (4673)

    Question not listed? More information at Penn Violence Prevention



References:
https://secure.www.upenn.edu/vpul/pvp/
https://www.rainn.org/articles/rape-kit http://dean.williams.edu/policies/sexual-misconduct/
frequently-asked-questions-about-medical-care-after-sexual-assault/
http://www.rrsonline.org/?page_id=951
https://www.rainn.org/articles/what-is-consent
http://www.cosmopolitan.com/college/news/a30507/sexual-assault-misconceptions/
http://www.mtryrapecrisis.org/get-help/faq
http://endrapeoncampus.org/title-ix/#rights
https://www.bustle.com/articles/141289-7-things-that-can-be-rape-even-if-you-were-taught-to-think-that-they-cant