According to a study done by the National Institute of Justice, less than five percent of attempted or completed rapes of college females are actually reported to law enforcement. In an effort to combat those statistics, the state has passed a new law which will create standard protocol on how colleges deal with incidents of sexual assault.
The Preventing Sexual Violence in Higher Education Act applies to all community, private, and public colleges and universities in Illinois and how they are to investigate reports of sexual assault. One of the main goals of the law is to create consistency in how these cases are handled.
The law applies universal definitions and references for all higher education sexual assault cases, including:
- Bystander intervention;
- Primary prevention programming;
- Sexual violence;
- Survivor; and
- Trauma-informed response.
The law also requires all schools to have a comprehensive policy in place at the institution on or before August 1, 2016. Under the law, this policy must address any student allegations regarding dating violence, domestic violence, sexual violence, and stalking. The policy must fully define and address:
- What constitutes consent and what does not in regards to sexual activity;
- Procedures which are in place for a student to report violations of the comprehensive policy, including contact information for Title X coordinator, confidential advisors; campus security or police, local law enforcement, medical facilities, community-bases sexual violence crisis centers; and how and where the student can file a complaint;
- Procedures which the institution will follow to investigate a student’s complaint;
- A written statement to be provided to victims which clearly and precisely explains what the institution’s obligation is to that victim, as well as the victim’s rights and options;
- A written statement which informs victims of what type of measures the institute will provide regarding academic, working, living, dining, and transportation issues in regards to any orders of protection or no contact orders that the courts may put in place; and
- A clear explanation of what the institution’s sanctions are for those who are charged with violating the comprehensive policy.
If you have been charged with sexual assault or any other type of sex crime, contact an experienced DuPage County defense attorney. Call the Law Offices of Salvatore C. Miglore & Associates at 630-933-8400 today for a free consultation.