According to a study by the Centers for Disease Control (CDC), which included 5,000 college students at over 100 colleges, 20 percent of women reported having been forced to submit to sexual intercourse without their consent. Undoubtedly, sexual assault is one of the most serious safety issues surrounding college campuses today and people have finally begun to take notice. That is why if you have been accused of sexual assault by your college administration, it is a serious allegation that can have a profound negative impact on the rest of your life.
Often students who face this allegation believe that telling the truth and explaining their side of the story can help to make such accusations go away. Unfortunately, this is usually not the case and the investigation will continue.
What Constitutes Sexual Assault or Rape?
There are several manners in which sexual assault can occur, such as:
- Using force or the threat of force to make a person have sexual contact without their consent
- Engaging in sexual contact with an individual who is unable to provide consent due to drugs or alcohol
- Engaging in sexual contact with someone who is incapable of consent by way of mental, intellectual, or physical disability
The most severe form of sexual assault is called “rape.” Rape involves engaging in actual sexual intercourse. Regardless of the degree of sexual assault with that you are charged, the consequences are always very serious.
Title IX and the Clery Act
Schools that receive federal funding are subject to Federal laws regarding sexual assault or rape on campus. These laws fall under Title IX of the Education Amendments of 1972 and the Clery Act. Both require steps to report and prevent sexual violence among faculty and students. Since these laws are so strict, the school administration takes allegations of sexual assault and rape very seriously. Schools will generally impose the harshest penalties such as suspension or expulsion. Individuals who are expelled due to rape will generally find it extremely difficult to find another reputable school to accept them into any programs.
Aside from the harsh school-imposed penalties that you will likely receive, if the school administration finds that a sexual assault or rape did occur, they will very likely report it to local law enforcement, which will yield another investigation, this time with state-issued criminal charges hanging over your head. A conviction of these crimes can result in expensive fines and lengthy prison sentences.
Blischak Law Helps Those in Arizona Who Have Been Accused of Sexual Assault or Rape On Campus
If you or someone you know has been accused of sexual assault or rape on campus, it should not be taken lightly. Seeking the help of a knowledgeable and experienced Criminal Defense Attorney can be the difference between having your charges dropped or reduced, or receiving a criminal sentence, either of which will impact the rest of your life in different ways. At Blischak Law, we give our all to aggressively defend you and your rights. To learn more or to schedule a free consultation, contact us today!