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A GUIDE FOR INDIVIDUALS AFFECTED BY SEXUAL ASSAULT IN HENRY, JOHNSON AND PETTIS COUNTIES IN MISSOURI MOVING FORWARD A GUIDE FOR INDIVIDUALS AFFECTED BY SEXUAL ASSAULT IN HENRY, JOHNSON AND PETTIS COUNTIES IN MISSOURI TABLE OF CONTENTS ABOUT THIS MANUAL CHAPTER 1: SEXUAL ASSAULT WHAT IS SEXUAL ASSAULT? IS IT MY FAULT? DRUG-FACILITATED SEXUAL ASSAULT COMMON REACTIONS HOW TO GET HELP CHAPTER 2: WHERE TO GET HELP 24-HOUR HOTLINES LOCAL OPTIONS RESOURCES FOR PEOPLE IN THE LGBTIQLBGTIQ COMMUNITY RESOURCES FOR PEOPLE WITH DISABILITIES RESOURCES FOR INTERNATIONAL STUDENTS & IMMIGRANTS CHAPTER 3: MEDICAL CARE GENERAL MEDICAL CARE OTHER OPTIONS FOR MEDICAL CARE SEXUAL ASSAULT EVIDENCE COLLECTION CHAPTER 4: MAKING A REPORT REPORTING TO LAW ENFORCEMENT REPORTING TO UNIVERSITY OFFICIALS CHAPTER 5: THE LEGAL SYSTEM – CRIMINAL LAW CRIMINAL VERSUS CIVIL LAW THE LEGAL PROCESS FOR CRIMINAL CHARGES LEGAL DEFINITIONS & STATUTES FREQUENTLY ASKED QUESTIONS ABOUT CRIMINAL LAW MONETARY COMPENSATION CRIME VICTIMS’ COMPENSATION CHAPTER 6: THE LEGAL SYSTEM – CIVIL LAW ORDERS OF PROTECTION CIVIL LAWSUITS SECTION 7: HOW TO HELP A LOVED ONE WHAT YOU CAN DO WHAT TO DO IF IT JUST HAPPENED WHAT NOT TO SAY GETTING HELP FOR YOURSELF CHAPTER 8: CRISIS RESOURCES UNIVERSITY OF CENTRAL MISSOURI WARRENSBURG WHITEMAN AIR FORCE BASE CLINTON/HENRY COUNTY SEDALIA KANSAS CITY/MISSOURI UNITED STATES REFERENCES & SUGGESTIONS FOR FURTHER READING ABOUT THIS MANUAL Experiencing sexual assault can devastate your physical, emotional and psychological well being. It can affect your academic studies, your job, your relationships with loved ones, and your sense of control over your life. With all these issues to deal with, it is important to know where you can turn for help. This manual will provide basic information and resources specific to sexual assault, including: definitions, campus, local and national resources, information on seeking medical help or reporting the crime, and explanations of legal actions. If you have experienced sexual assault, you are not alone. Nationwide, one out of six women and one of out of ten men have endured similar violence 1. Individuals of all genders, sexual orientations, ethnicities, races, ages, levels of ability, marital statuses and religions can experience sexual assault – it can happen to anyone. Everyone deals with the experience of sexual assault differently, and you have the power to make choices that facilitate your healing process. This manual provides options that may help your recovery – it is your choice which options you decide are best for you. Most importantly, what happened to you is not your fault, no matter what the circumstances. No one asks or deserves to be sexually assaulted. The first section of this manual makes this point very clear – read and reread it, if you like, to help you maintain an accurate view of what happened – a crime that was committed against you. If you are a friend, partner or family member of someone that has experienced sexual assault, this manual can also be helpful to you. It provides information that will help you understand what your loved one is going through, and a section that gives specific advice on how to support this person and take care of yourself in the process. Whether you or a loved one has experienced sexual assault, simply the fact that you have begun reading this manual is a step toward empowerment and healing. Take your time in considering other steps you can take to move forward. And most of all, take the time to acknowledge how brave and courageous you are for beginning this process. 1 Tjaden & Thoennes, National Violence Against Women Survey, National Institute of Justice, 2000 CHAPTER 1: INTRODUCTION WHAT IS SEXUAL ASSAULT? Sexual assault is a broad term to describe any unwanted (nonconsensual) sexual contact gained with or without force that can include: • Rape • Oral Sex • Anal Sex • Fondling • Kissing • Touching Sexual assault can occur in a variety of contexts. It may be accompanied by stalking or partner violence in a dating or committed relationship. It can be a part of sexual harassment, constitute hate crime, or be perpetrated as part of a human trafficking crime. No matter the context, consensual sexual behavior is mutually desired and freely chosen. If you have been forced or coerced into sexual contact with someone without your consent, you have been sexually assaulted. Legal definitions may differ from the definition above. In the State of Missouri, sexual crimes include: • Forcible Rape • Forcible Sodomy • Sexual Assault • Deviate Sexual Assault • Sexual Abuse • Sexual Misconduct A list of laws and definitions relating to sexual assault can be found in CHAPTER 5. IS IT MY FAULT? If you have experienced sexual assault, you are a victim of a terrible crime. What happened to you is not your fault, no matter what the circumstances. No one asks or deserves to be sexually assaulted. Consensual sexual behavior is mutually desired and freely chosen. If you have been forced or coerced into sexual contact with someone without your consent, you have been sexually assaulted, even if you: • • • • • • • • • • • • • Just met this person Are in a committed relationship with this person Were attracted to this person Trusted this person Chose to be alone with this person Feel you may have led this person on Feel you were naive, foolish, or not cautious enough Feel like it was your fault Feel like others won't believe you Consented to other sexual contact with this person right before it happened Had sex with this person before Felt obligated to have sex Have had multiple sexual partners • • • • • • • • • • Were or still are a virgin Don't have physical injuries from the assault Didn't fight back Didn't say no Were under the influence of alcohol or other drugs Were sober Dressed a certain way Didn't tell anyone about it Didn't report it to university officials or police Told others and they didn't believe you Sexual assault can occur in a variety of contexts by any person, even if s/he: • Is your friend, girl/boyfriend, partner or spouse • Is your boss, supervisor, coworker • Is your classmate or professor • Says s/he cares about you • Has always been respectful and polite • Is popular or famous • Doesn't seem like the type of person to assault someone • Has never done anything like this before • Was or is a virgin • Was under the influence of alcohol or other drugs • Was sober • Did not physically force you into sexual activity • Seemed out of control of themselves sexually • Paid for your date • Spent a lot of money on you • Has been nice to you since then • Expected you to have sex with him/her • Is female • Is straight • Is gay, lesbian, bisexual, transgender, or transsexual • Is sorry for what s/he did • Apologized to you for what happened • Doesn't realize that s/he violated you DRUG-FACILITATED SEXUAL ASSAULT Sexual assault can be facilitated by predatory drugs such as GHB, Rohypnol, Ecstasy, Ketamine and alcohol to render an individual passive, unwilling or unable to resist unwanted sexual advances. Predatory drugs increase your vulnerability to sexual assault and other crimes. These chemical substances tend to make people feel like they have consumed a very large amount of alcohol – a person may feel extremely intoxicated without realizing why. If you have experienced memory loss, drowsiness, inability to keep track of time, disorientation and confusion, impaired judgment, nausea, vomiting, black-outs or loss of consciousness, you may have been drugged by a predator. When someone else deliberately gives a person these drugs in order to sexually violate them, or takes advantage of a person sexually when they are in a vulnerable state, a sexual assault has occurred. Even if a drug (such as alcohol) is willingly consumed by a person, that person may be too intoxicated to give clear consent. In fact, alcohol is the most common predatory drug. If you wake up and cannot remember the events of the night before, or if you feel someone has had sex with you but cannot remember any details, it may be because you were drugged. It is important not to blame yourself for what happened. Nothing you did asked for someone to drug and sexually assault you. You may want to seek medical attention if you think you have been drugged and/or sexually assaulted. Some drugs stay in your system for several hours, and the hospital can check for these. For more information on seeking medical help, refer to CHAPTER 3. COMMON REACTIONS TO SEXUAL ASSAULT As someone who has experienced sexual assault, you may react to what happened in a variety of ways. This is completely normal. Although your experience is unique, the following reactions are common to many survivors of sexual assault: • Shock/denial • Irritability/anger • Self-blame • Depression and anxiety • Social withdrawal • Numbing/apathy (detachment, loss of caring) • Reduced ability to express emotions • Nightmares/flashbacks • Difficulty concentrating • Diminished interest in activities or sex • Loss of self-esteem/self-confidence • Loss of security/loss of trust in others • Attempts to minimize the abuse/attack • Embarrassment • Guilt/shame • Impaired memory • Loss of appetite or increased appetite • Thoughts of suicide or self-harm • Substance abuse • Hypervigilance (always being “on guard”) • Insomnia • Exaggerated startle reflex • Eating problems/disorders • Panic attacks • Changes in sexual desire or activity • Difficulty functioning regularly in everyday life • Feeling of helplessness • Fear of continued abuse from attacker It can be extremely difficult to deal with these emotions alone. You may decide to talk to a trusted friend, seek counseling services, or call a hotline. Telling someone what happened can be an important step in your healing process. To talk to someone, contact: The Counseling Center (for UCM students) University of Central Missouri, Humphreys Building, Suite 131 660-543-4060 (Available during business hours) Rape, Abuse & Incest National Network (RAINN) 800-656-HOPE (24-Hour National Sexual Assault Hotline) rainn.org (24-Hour Online Instant Messaging Hotline) National Suicide Prevention Lifeline 1-800-273-TALK (24-Hour Hotline) 1-800-799-4TTY (TTY) HOW TO GET HELP If you have just been sexually assaulted, here are some suggestions on what to do. You may choose any or all of the following options. • Find Safety. You may want to call or go to a family member's house so that you are not alone. If you are a UCM student and are unsure of where to go or who to talk to, call the Survival Adult Abuse Center’s 24-hour hotline at 800-846-7547 or 660-429-2847. If you are a UCM student, you may call the UCM victim advocate’s 24-hour hotline: 660-441-4855. Students and community membersAnyone may also call/log in to the National Assault Hotline at 1-800-656-HOPE or rainn.org for support. • Seek Medical Attention. We encourage you to visit the hospital to check for injuries, especially because you may have internal injuries that you are not aware of. You may want to be tested for sexually-transmitted diseases, predatory drugs and pregnancy. A sexual assault exam is also available to you free of charge. You can request an advocate to meet you at the hospital by calling Survival Adult Abuse Center’s 24-hour hotline at 800-846-7597 or 660-429-2847. UCM students may call UCM’s victim advocate at 660-441-4855. Advocacy services are available 24 hours. • Make a Report. Whether or not you plan on filing criminal charges, you may want to report the crime to campus police or a local law enforcement agency. Reporting the crime can be beneficial for your empowerment and have criminal or on-campus disciplinary consequences for the attacker. You can request an advocate to meet you at UCM Public Safety or Warrensburg Police Department by calling Survival Adult Abuse Center’s 24-hour hotline at 800-846-7597 or 660-429-2847. Advocacy services are available 24 hours. • Get Help and Support. You may be feeling a variety of emotions and it is important you receive support from someone you trust. We encourage you to call/log on to the National Sexual Assault Hotline at 1-800-656-HOPE or rainn.org for support. • Learn More. If you are reading an office copy of this guide and wish to obtain your own copy, the guide is available for free download at www.ucmo.edu/survivorguide. www.ucmo.edu/cc/safe/survivorguide.cfm. CHAPTER 2: WHERE TO GET HELP 24-HOUR HOTLINES If you feel you may be in immediate danger, you can call 911 for police response. If your situation is less urgent or you do not feel not comfortable talking to police, you can contact one of the following hotlines for 24-hour support: Rape, Abuse & Incest National Network (RAINN) 800-656-HOPE (24-Hour National Sexual Assault Hotline) rainn.org (24-Hour Online Instant Messaging Hotline) Metropolitan Organization to Counter Sexual Assault (MOCSA) (816) 931-4527 (24-Hour Sexual Assault Hotline for Kansas City & Surrounding Area) Survival Adult Abuse Center 660-429-2847 or 1-800-846-7597 (24-Hour Domestic Violence Hotline for Johnson County, Missouri) UCM Victim Advocacy 660-441-4855 (24-Hour Hotline for UCM community) The National Domestic Violence Hotline 1-800-799-SAFE (24-Hour Hotline) 1-800-787-3224 (TTY) Men Against Sexual Violence (MASV) 1-888-772-PCAR (24-Hour National Information & Referral) National Suicide Prevention Lifeline 1-800-273-TALK (24-Hour Hotline) 1-800-799-4TTY (TTY) LOCAL OPTIONS The Counseling Center University of Central Missouri, Humphreys 131 660-543-4060 www.ucmo.edu/cc Psychologists at the Counseling Center support UCM students who are survivors of sexual assault, partner violence, stalking and related issues by providing these immediate services: • Confidential listening, support and referrals in a private, safe environment • Explanation of options for reporting the crime and seeking disciplinary action on or off campus • Explanation of the process for obtaining orders of protection • Assistance with safety planning • Help with questions about sexual assault, partner violence or stalking • Assistance with helping a friend or loved one in crisis • Assistance with individual concerns The Counseling Center offers counseling for UCM students. For more information contact 660-543-4060. Formatted: Font: Bold The Counseling Center is located on the UCM campus in Humphreys 131 and is open during regular business hours. The Counseling Center is a member of the Johnson County Sexual Assault Response Team. All services are confidential, free of charge and available to all students regardless of sex, gender, race, religion, sexual orientation or marital status. Office Hours Fall & Spring Semesters: Monday-Friday 8:00 a.m. – 12:00 p.m. 12:45 p.m. – 5:00 p.m. Summer Semester: Monday-Friday 7:30 a.m. – 12:00 p.m. 12:45 p.m. – 4:30 p.m. UCM Victim Advocacy 24-Hour hotline: 660-441-4855 Office of Mentoring, Advocacy, and Peer Support Dockery 212 https://www.ucmo.edu/maps/advocacy/ Victim advocates can provide: • Listening, support, and referrals in a private, safe environment • Assistance with academic or housing concerns • Options for reporting the crime to police and/or university officials • Assistance with safety planning or protection • Help with questions about sexual assault, partner violence, or stalking • Help with how to support a loved one Office Hours: Monday-Friday 8am – 5pm Survival Adult Abuse Center 137 E. Culton Street, Warrensburg 660-429-1088 (Office) 660-429-2847 or 1-800-846-7597 (24-Hour Domestic Violence Hotline) https://www.facebook.com/survival.house While Survival Adult Abuse Center is best equipped to assist victims of domestic violence, the center offers several services that survivors of sexual assault may find helpful, such as: • Assistance in obtaining an order of protection • Support through civil and criminal court proceedings • Free emergency housing (if you are in immediate danger because your abuser lives with you) • Referral to other resources in Warrensburg and the surrounding areas • Support groups for domestic violence • Information and assistance for domestic violence Whiteman Air Force Base Knob Noster, Missouri Sexual Assault Response Coordinator 660-687-7272 • Provides single point of contact for confidential (restricted) reporting of sexual assault • Provides 24-hour Whiteman sexual assault response advocacy system to provide on-going victim care including support through reporting and court processes Formatted: German (Germany) Formatted: Hyperlink, Font color: Auto, German (Germany) Field Code Changed Formatted: English (United States) Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font color: Black Formatted: English (United States) Formatted: Font color: Black Formatted: Font color: Black Chaplain 1-866-395-4357 (Hotline), 660-687-3652 (Office) • Offers counseling, information and referral options • Offers spiritual guidance Fuelling & Associates 407 E. Russell Ave, Ste 5A, Warrensburg, MO 64093 660-429-6678, Fax: 660-429-6672 702 S. Main St., Clinton, MO 64735 660-885-9892 or Toll Free 866-640-6678 • Offers counseling and psychotherapy for individuals, children and families • Accepts most insurance policies and uses a sliding scale based on income http://www.fuellingandassociates.com/ Catholic Charities 118 Hout Street #F, Warrensburg 660-747-2241 • Provides help to those in need regardless of religious affiliation • Provides free adoption and pregnancy services • Offers counseling services on a sliding scale according to income and accepts some insurance policies Healing Grace Christian Counseling Center 123 East Gay, Suite D, Warrensburg 660-747-9242 • Offers counseling and psychotherapy for individuals, children and families • Accepts most insurance policies and uses a sliding scale based on income http://www.lindagsmith.com/ Henry County Victim Advocate Henry County Courthouse 100 West Franklin St. Clinton, MO 64735 660-885-7220 • Provides support to residents of Henry County who have been victims of crime Families Assisted in Transitional Housing “FAITH” 1007 South Second St Clinton, MO 64735 660-885-6067 • Provide temporary housing for women and children RESOURCES FOR PEOPLE IN THE LGBTIQ COMMUNITY If you identify as lesbian, gay, bisexual, transgender, intersex or queer, Kansas City offers a local resource specifically dedicated to needs of people in this community. Kansas City Anti-Violence Project (KCAVP) P.O. Box 41121 Kansas City, MO 64141-1211 816-561-0550 (Office) kcavp.org • Provides needs assessment, court advocacy and emergency assistance for lesbian, gay, bisexual and transgender victims of violence • Offers free counseling for LGBT victims of violence, as well as a support group for LGBT survivors of domestic violence You may also consider contacting these other organizations for information: National Gay & Lesbian Task Force 122 W. Franklin Ave., Suite 210 (Many Locations) 612-821-4397 (Office) thetaskforce.org • Works to build the grassroots political power of the LGBT community to win complete equality • Provides information and reports on a variety of issues including hate crimes, partner recognition, health, HIV/AIDS, youth and legislative policy National Coalition of Anti-Violence Programs (NCAVP) 240 West 35th Street, Suite 200 New York, NY 10001 212-714-1184 (Office) 212-714-1134 (TTY) avp.org/ncavp Addresses the pervasive problem of violence committed within the lesbian, gay, bisexual, transgender and HIV-affected communities Documents national cases and advocates for victims of anti-LGBT and anti-HIV/AIDS violence/harassment, domestic violence, sexual assault, police misconduct and other forms of victimization The Network/La Red PO Box 6011 Boston, MA 02114 617-742-4911 (Bilingual Hotline) 617-227-791 (TTY) 617-695-0877 (Office) thenetworklared.org Devoted to ending abuse in lesbian, bisexual women’s and transgender communities Provides informational website and links to information regarding healthy s/m relationships RESOURCES FOR PEOPLE WITH DISABILITIES If you have a disability, you may benefit from information or services available through the following agencies and organizations: Office of Accessibility Services University of Central Missouri, Elliott Union 222 660-543-4421 ucmo.edu/access • Provides reasonable appropriate accommodations for equal access to education for students with verified disabilities • Advocate for students' interests and referral to and cooperation with other agencies. • Provide sign language interpreters and maintain TTY/TDD devices for campus use. Missouri Department of Public Health Crisis Services 1-888-279-8188 (24-Hour Mental Health Crisis Line) dmh.missouri.gov/crisis.htm • Provides mental health professionals for confidential crisis assistance • Offers support, information, referrals and resources Accessing Safety Initiative accessingsafety.org • Provides information to promote the understanding of disabilities, deaf culture and addressing disability • Provides information and resources to respond to violence and abuse in the lives of people with disabilities RESOURCES FOR INTERNATIONAL STUDENTS & IMMIGRANTS If you are an international student, you may already be familiar with the International Center on campus. International Center University of Central Missouri, Ward Edwards 1200 660-543-4195 ucmo.edu/international • Provides assistance with academic life • Counsels students about immigration issues For more information on legal services and immigration rights, contact: Legal Momentum 212-925-6635 (Office) legalmomentum.org • Exists as a legal advocacy organization dedicated to advancing the rights of women and girls • Serves as the nation’s expert on the rights and services available to immigrant victims of domestic violence, sexual assault and other violence through the Immigrant Women Program National Network to End Violence Against Immigrant Women immigrantwomennetwork.org • Seeks to challenge and eliminate oppression and discrimination against immigrant women through a coalition of survivors, immigrant women, advocates, activists, attorneys, educators and other professionals • Provides training and technical assistance to service providers, promotes law and public policy to benefit immigrant women, and increases public awareness of violence against immigrant women If you need assistance with immigration issues, you can speak to someone anonymously by contacting: Rape, Abuse & Incest National Network (RAINN) 800-656-HOPE (24-Hour National Sexual Assault Hotline) rainn.org (24-Hour Online Instant Messaging Hotline) Metropolitan Organization to Counter Sexual Assault (MOCSA) 816-931-4527 (24-Hour Sexual Assault Hotline for Kansas City & Surrounding Area) If you are a victim of human trafficking (this can include, but is not limited to: labor exploitation, sweatshop factory work, migrant agricultural work, prostitution, pornography or exotic dancing), help is available through: The Human Trafficking Rescue Project Taskforce – Western District of Missouri acf.hhs.gov/trafficking 816-461-HOPE (Hope House Domestic Violence Services) 816-474-TIPS (Anonymously report crimes of human trafficking) • Provides assistance in Missouri for reporting cases of adult or child human trafficking 1-888-3737-888 (Trafficking Information & Referral Hotline) • Provides information and access to supportive services to help victims safely and securely rebuild their lives by connecting them to basic services for housing, health care, immigration assistance, food, income, employment and legal assistance • Provides assistance to those who suspect someone is a victim of trafficking CHAPTER 3: MEDICAL CARE GENERAL MEDICAL CARE If your situation is an emergency and you need an ambulance, call 911. Seeking medical treatment immediately after a sexual assault is very important, even if you choose not to report the crime. Ensuring your physical health and well-being can be the first step to regaining a sense of control. In Johnson County, Missouri, you can receive general medical treatment at the following locations: Western Missouri Medical Center 403 Burkarth Road, Warrensburg 660-747-2500 (ext. 4150 for Emergency Room) http://www.wmmc.com/ • Provides full medical evaluations and checks for injuries • Provides testing for sexually transmitted diseases • Provides pregnancy testing • Provides sexual assault evidence collection* *More information on sexual assault collection, see the next section of this chapter. University Health Center University of Central Missouri, 600 S. College Ave. 660-543-4770 ucmo.edu/uhc • Provides confidential, low-cost medical services to UCM students during business hours • Provides general health care and gynecological exams • Provides pregnancy and sexually transmitted infection treatment and protection • Assesses psychological needs and makes referrals Office Hours Fall & Spring Semesters: Summer Semester: Semester Breaks: Bothwell Regional Health Center 601 E. 14th Sedalia, Mo. 65301 660-827-9470 ( Trained S.A.N.E. nurses) 8 a.m. - 5 p.m. Monday-Friday 7:30 a.m. - 4:30 p.m. Monday-Thursday Limited Service Only OTHER OPTIONS FOR MEDICAL CARE If your situation is not an emergency or you have specific needs, you can seek low-cost services at the following local agencies: Johnson County Community Health Services 429 Burkharth 723 PCA Road, Warrensburg 660-747-6121 johnsoncountyhealth.org • Provides pregnancy tests, STD/HIV testing, immunizations, counseling and other related services at no charge or on a sliding scale • Provides WIC (Women, Infants & Children) supplemental nutrition program for counseling, support and food vouchers www.johnsoncountyhealth.org/docs/ph/wic.cfm Planned Parenthood 607 Burkharth Road, Warrensburg 660-747-6186 (Office), 800-908-9906 (After-Hours Emergency) plannedparenthood.org • Offers low-cost emergency contraception, prenatal care and OB/GYN services • Provides a confidential setting for clients to talk with physicians, nurse practitioners and other staff SEXUAL ASSAULT EVIDENCE COLLECTION If you have been sexually assaulted, having a forensic may be beneficial should you choose to report the crime to police. Even if you are not sure whether or not you want to report the crime, having this exam will preserve evidence that can be used in court to prosecute your attacker. It is always your choice whether or not to have a forensic exam. What is a Forensic Exam? A forensic exam is a medical examination specifically for individuals that have experienced sexual assault. In addition to the general care you receive at the emergency room (physical exam, treatment for injuries and testing for sexually transmitted infections and pregnancy), you can opt to receive a forensic exam that will check your body for evidence relating to the sexual assault. Physical evidence, such as hair, semen or photographs of injuries, will be collected during this exam and stored for possible future use in court to prosecute the person(s) who committed the sexual assault. You can receive the forensic exam at no charge. Where can I receive a Forensic Exam? The following hospitals provide specially-trained nurses who administer forensic exams. Western Missouri Medical Center 403 Burkarth Road, Warrensburg 660-747-2500 (ext. 4150 for Emergency Room) http://www.wmmc.com/ St. Luke’s East Hospital 100 N.E. Saint Luke’s Boulevard, Lee’s Summit 816-347-5000 saintlukeshealthsystem.org How much does a Forensic Exam cost? Legally, you cannot be charged for the cost of a forensic exam. You can, however, be charged for other medical care you receive at the hospital other than the forensic exam.* This might include a physical exam by a doctor, pregnancy testing, prescriptions, or other services. If you report the crime to police, you may be eligible for Crime Victims’ Compensation, which would reimburse you for any related expenses to the sexual assault. For more information on Crime Victims’ Compensation, contact: Survival Adult Abuse Center 137 E. Culton Street, Warrensburg 660-429-1088 (Court Advocate) *If you choose to travel to St. Luke’s East Hospital for medical care and the forensic exam, you can receive ALL services (forensic exam and any other related services) at no charge. If there anything I should (or shouldn’t do) before a forensic exam? If you have just been sexually assaulted, it is helpful for you to take measures to ensure that evidence of the crime is preserved. This way, evidence can be collected correctly during the sexual assault exam in case you decide to report the assault. You may also want to bring extra clothes to change into after the exam. Before the exam, try NOT to: • Shower • Drink • Eat • Change clothes • Use the bathroom • Brush your teeth Who conducts a Forensic Exam? The forensic exam is completed by a Sexual Assault Nurse Examiner (SANE) who has received specialized training in collecting sexual assault forensic evidence. In most cases*, SANES are available on an on-call basis, so you may have to wait a short while for one to arrive at the hospital. In the event that a SANE is not available, you have two options: 1. You can opt to have a doctor or nurse (who has not received specialized training for this exam) to complete the evidence collection. By law, these individuals can perform the exam. 2. You can decide to seek services at another hospital that has an available SANE. For example, if a SANE is not available at Western Missouri Medical Center, you could travel to St. Luke’s East Hospital to receive the exam. *SANES are only guaranteed to be available 24 hours a day, seven days a week at St. Luke’s East Hospital in Lee’s Summit. What can I expect during the Forensic Exam? The exam takes about three hours to complete. Here’s what you can expect during the exam: • • • • • At Western Missouri Medical Center: A local sexual assault advocate will arrive to provide support and assistance. Advocates receive extensive sexual assault response training and provide supportive, nonjudgmental and confidential support throughout hospital and reporting procedures. You can choose to accept or decline this service. A SANE will obtain your consent before proceeding with the examination. If at any time you wish to stop or take a break, just ask. You may also refuse any portion of the exam. You have the right to ask people (other than medical personnel) to leave the room at any time. You will be asked a variety of questions about your medical history and current health, similar to those you would be asked as if you were there for any type of medical visit. • • • • • • • You will be asked a variety of questions about the assault. You will be asked what fluids were exchanged and what parts of your body were touched. Although it may be difficult or embarrassing to answer these questions, it is important to answer them truthfully. Being honest with the nurse ensures that you will receive the best medical treatment and that something will not be overlooked. You will be asked to disrobe and your clothes may be taken as evidence. Other clothes will be made available to you after the exam. You may also call or ask a friend or loved one to bring extra clothes to you at the hospital or ask the advocate to do this for you. The nurse will scan your body for wounds, bruises, cuts, etc, and treat them appropriately. Evidence/samples will be collected from multiple locations on your body. These may include your mouth, genitals, hair and fingernails. If you are female, you will have a pelvic examination to assess and treat injuries and collect evidence. Blood and urine samples will also be taken. If you have been under the influence, you have the right to request a blood alcohol content/drug test. This may help to determine if you were unable to give consent prior to the assault. The hospital does not administer this test without a request from you unless it is medically necessary. What happens after the Forensic Exam? The evidence collected from your exam will be coded by number and stored at a local law enforcement agency. Your name will not be marked in any way on the evidence, and the hospital will be the only agency able to connect your name to the evidence. If you choose to proceed with the criminal reporting process, you will sign a release form to allow the hospital to release information pertaining to your exam. You may be asked if you would like to report the crime to law enforcement. At this point, you will have the option to proceed directly to a law enforcement agency to begin this process. CHAPTER 4: MAKING A REPORT Many survivors of sexual assault find it beneficial for their healing and empowerment to report the crime. Making a report involves giving a specific account of the event you experienced to a law enforcement agency or university officials. Depending on the type of justice you are seeking, you can choose to report to one or both of these entities. If you are seeking legal consequences for your attacker (i.e. prison sentence), reporting to law enforcement is the best option. If you are seeking disciplinary consequences through the university (i.e. suspension from the university), you should report to campus Student Affairs. There are many reasons you may choose to report the crime to police or campus officials. You may feel empowered by telling what has happened to you. This can help you regain a sense of control, and it can be satisfying to seek justice for person(s) who committed the harm against you. Reporting the crime may also prevent your attacker from harming others. Reporting the crime, however, does not guarantee justice for the crime that was committed. Whether or not a case moves forward to a criminal or campus hearing is dependent on a variety of factors, and attackers may or may not receive consequences for their actions. It is your decision whether or not to report. Although family and friends may pressure you into doing what they feel is best for you, the power to report or not report is ultimately yours. Regardless of what you decide, we encourage you to seek medical attention to ensure your physical health (for more information on seeking medical care, see Chapter 3). REPORTING TO LAW ENFORCEMENT If you are a UCM student, you can report the crime to: UCM Police 306 Broad Street, Warrensburg 660-543-4123 To report a crime confidentially or anonymously, you can call or complete a form online at: 660-543-TIPS http://www.ucmo.edu/surveys/?formID=2673 You can choose whether or not to include your name and contact information if you would like to remain anonymous. The information you give to UCM Police through the Tips Line or online form will be only used for data collection and included in the statistics of crime reported by UCM. However, if you provide your name and contact information over the phone or on the online form, you may be contacted by UCM regarding the incident. In Johnson County, you can also report your crime to: Warrensburg Police Department 102 S Holden Street, Warrensburg 660-747-9133 If you are affiliated with Whiteman Air Force Base, you can contact: Whiteman Air Force Base Law Enforcement 660-687-3700 Pettis County Sherrif'sSheriff’s Department 319 S. Lamine Sedalia, Mo.65301 660-827-0052 Sedalia Police Department 660-826-8100 What should I know about the reporting process? Before you decide to make a report to law enforcement, here are some things to keep in mind: • Choosing to report could be a step toward regaining control and empowerment in your life. • Making a report may lead to criminal charges; however, there is no guarantee that the assailant will be arrested and convicted. • It is likely that your attacker has harmed others before, and will probably do so again. Making a report will validate other statements and may prevent the assailant from harming others. • The earlier you report the crime, the higher your chances of obtaining justice for the crime. If the crime has just occurred, more evidence can be collected that will help your case. It can still be beneficial, however, to report the crime even if a significant amount of time has passed. • You will have to explain details of the assault, probably several times. This is needed for a thorough investigation. • Even if you report the crime, you still have the choice whether or not an investigation will occur. • Although every effort will be made to maintain confidentiality, a thorough criminal investigation requires interviews with any potential witnesses. Although these witnesses would not be provided with the details of the case, they would be aware that a report had been made and that an investigation was occurring. • If criminal charges are filed, it will become public knowledge that you have reported the assault. By choosing to report, you may be eligible for crime victims’ compensation to cover medical costs and counseling fees. Is there anything I should do before I report to law enforcement? If you have just been sexually assaulted, it is helpful for you to take measures to ensure that evidence of the crime is preserved. This way, evidence can be collected correctly during the investigation process. Police may also recommend that you receive a forensic exam at the hospital for evidence collection (for more on the forensic exam, see Chapter 3). For these reasons, before you report time crime, try not to: • Shower • Drink • Eat • Change clothes • Use the bathroom • Brush your teeth • Change the crime scene in any way You may find it helpful to write down information about the crime, such as the sequence of events and certain details, to help you recall the incident. What happens during the reporting process? Reporting to law enforcement can be a lengthy process. Here are some things you can expect: • A local sexual assault advocate will arrive to provide support and assistance. Advocates receive extensive sexual assault response training and provide supportive, nonjudgmental and confidential support throughout hospital and reporting procedures. You can choose to accept or decline this service. • You may be asked to visit the hospital for a sexual assault exam to collect evidence. • You will be interviewed and asked to give an account of the details of the assault. • • • • • • • If you feel more comfortable discussing the case with either a male or female officer, the law enforcement agency will try to make such arrangements to make the interview easier for you. When talking to law enforcement, it is important that each statement be accurate and truthful. Therefore, if you are uncertain of something, it is okay to say "I don't know." Tell the officers everything you can. Inaccurate or misleading information can be harmful to your credibility and the overall criminal case. It is important to be honest with the officer, including disclosing the use of drugs or alcohol prior to the assault. The officer is not there to judge you, but rather is a professional who is trying to help you. Also, the information may be beneficial to your case. In Missouri, a person cannot give consent if s/he is incapacitated by drugs and/or alcohol, even if this occurred through the victim's voluntary use. After the report is made, ask the interviewing officer what will happen next. Ask to be informed when the suspect has been interviewed. Before leaving, ask for the interviewing officer's business card. That way you know exactly who to contact with questions regarding your case. Ask the officer to write a reference of case number on the card for you. Remember that the officer is there to help you, not work against you. You have the right to ask questions, express your feelings, and stay informed. Depending on the circumstances of the crime, an investigation (and a criminal court process) may or may not occur. For more information on the criminal law process, see Chapter 5. What happens after I report the crime? Here are some important things to remember after you leave: • It is okay if you later remember an event or detail not given in the initial report. Simply write it down and contact the investigating officer or detective to inform them. • Experiencing flashbacks and recalling information is not uncommon, and the officer or detective will be receptive of the new information. • REPORTING TO UNIVERSITY OFFICIALS If you believe that the assailant is also a UCM student or the crime occurred on campus, you may want to pursue disciplinary options within the University system. The “Rights and Responsibilities” section of the UCM Student Handbook addresses issues of campus discipline and student rights. You can access the entire document at: http://www.ucmo.edu/student/handbook.cfm Additional information can be found here: https://www.ucmo.edu/titleix/ According to the Handbook, the violation of any local, state, or federal laws or of University regulations subjects the perpetrator to disciplinary actions, whether or not prosecuted by public officials. If you wish to report an incident, you can contact: Division of Student Experience and Engagement Chief Judicial OfficerAssociate Vice Provost for Student Services / Title IX Coordinator University of Central Missouri, Administration Building 214 660-543-4114 ucmo.edu/student If the incident is deemed serious and appears to violate University regulations, the disciplinary process will be initiated. The University may hold a hearing to determine appropriate punishment. While it is possible that the University may utilize various less formal actions, serious cases may constitute: • Disciplinary Probation Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: Bold • • • Suspension from University Housing Suspension from the University Expulsion CHAPTER 5: THE LEGAL SYSTEM – CRIMINAL LAW CRIMINAL LAW VERSUS CIVIL LAW The legal system is divided into two areas: civil law and criminal law. Separate courts handle the administration of these laws. The Criminal Law system handles cases that involve crimes such as harassment, assault, murder, stalking, and theft. Civil Law covers disputes where neither party is accused of a crime, and may involve Orders of Protection or civil lawsuits. Sexual violence cases may involve both civil and criminal action. For more information about civil law, see Chapter 6. THE LEGAL PROCESS FOR CRIMINAL CHARGES After you have reported the crime to law enforcement, the police may arrest your attacker and/or conduct an investigation. After an investigation takes place, a report is submitted to the county prosecutor’s office. The prosecuting attorney is the only person that decides whether or not to charge a person with a particular crime (or multiple crimes). If the prosecuting attorney feels s/he has enough evidence to move forward with the charges, the legal process will begin. You can communicate with the prosecuting attorney regarding your wishes to proceed or halt the legal process; the prosecuting attorney may or may not decide to move forward with the case. In most cases, there is a preliminary hearing, deposition and trial. This means that you would probably be asked to testify three times throughout the process. In a grand jury hearing, you may or may not have to testify. It is becoming increasingly common for prosecuting attorneys to successfully prosecute cases without victim testimony. Is there a statute of limitations for criminal cases? Missouri has statutes of limitations that set the maximum amount of time a prosecuting attorney can wait before filing a criminal case against an offender. In general, if a case is not brought within the time limits, the offender cannot be tried for the offense. Missouri, however, has no time limit for the filing of criminal charges against an offender for such crimes as forcible rape, forcible sodomy and attempted forcible sodomy. For other felony sexual offenses, including sexual assault, the statute of limitations is three years. That statute of limitations for a misdemeanor offense is one year. There are exceptions to the general statute of limitations which allow extensions when the offender is absent from the state (although the time limit cannot be extended more than three years); when the offender is concealing himself from justice either within or outside the state; when a prosecution against the offender for the offense is pending in this state; or when the offender is found to lack the mental capability to proceed. How long does the criminal law process take? The time it typically takes for an alleged crime to come to trial is 6-8 months, particularly because the legal process is slow and other crimes may take priority for court space. Hearings may also be delayed multiple times for various reasons, so this process can sometimes take more than a year. Is there any assistance available through this process? A general victim advocate for the Johnson County Prosecutor’s Office will assist you with the criminal process. This person will explain procedures, and answer your questions, and keep you update on the progress of the case. A court advocate is also available through Survival Adult Abuse Center to provide support and empowerment throughout this process. Contact: Survival Adult Abuse Center 137 E. Culton Street, Warrensburg 660-429-1088 (Office) LEGAL DEFINITIONS & STATUTES If your case is moving through the criminal court process, it may be helpful to become familiar with the legal terms related to the crime. This information might be used as a way to help you feel validating that what happened to you was actually a crime. Each state is responsible for writing their laws and criminal codes; therefore, the legal definition of sexual assault varies from state to state. Many colleges and universities also have their own sexual misconduct policies. Although the following terms and definitions are used by the legal system of Missouri, these policies may be different from those specific to other states or universities. Legal language can often be confusing and difficult to interpret. If you have questions, you can ask your prosecuting attorney, advocate or other legal professional. Please note that this is not the complete list of definitions and sexual crimes in Missouri, and that this information reflects Missouri statutes last updated in August 2007. For the complete list of Missouri sexual offenses, legal definitions and specific penalties, see Missouri’s Revised Statutes at moga.mo.gov/STATUTES/C566.HTM. Legal Definitions Deviate Sexual Intercourse: Any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. Sexual Conduct: Sexual intercourse, deviate sexual intercourse or sexual contact. Sexual Contact: Any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person. Sexual Intercourse: Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results. Forcible compulsion: • Physical force that overcomes reasonable resistance; or • A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of such person or another person. Consent: Consent or lack of consent may be expressed or implied. Assent does not constitute consent if: • It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or • • It is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or It is induced by force, duress or deception. Incapacitated: The physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of such person's conduct, or unable to communicate unwillingness to an act. A person is not incapacitated with respect to an act committed upon such person if he or she became unconscious, unable to appraise the nature of such person's conduct or unable to communicate unwillingness to an act, after consenting to the act. Capacity and Consent: Whenever the criminality of conduct depends upon a victim's being incapacitated, no crime is committed if the actor reasonably believed that the victim was not incapacitated and reasonably believed that the victim consented to the act. The defendant shall have the burden of injecting the issue of belief as to capacity and consent. Sexual Offense Statutes Forcible Rape: A person commits the crime of forcible rape if such person has sexual intercourse with another person by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. Sexual Assault: A person commits the crime of sexual assault if he has sexual intercourse with another person knowing that he does so without that person’s consent. Forcible Sodomy: A person commits the crime of forcible sodomy if such person has deviate sexual intercourse with another person by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. Deviate Sexual Assault: A person commits the crime of deviate sexual assault if he has deviate sexual intercourse with another person knowing that he does so without that person's consent. First Degree Sexual Misconduct: A person commits the crime of sexual misconduct in the first degree if such person purposely subjects another person to sexual contact without that person's consent. Second Degree Sexual Misconduct: A person commits the crime of sexual misconduct in the second degree if such person: • Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm; • Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or • Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person. Third Degree Sexual Misconduct: A person commits the crime of sexual misconduct in the third degree if he solicits or requests another person to engage in sexual conduct under circumstances in which he knows that his requests or solicitation is likely to cause affront or alarm. Sexual Abuse: A person commits the crime of sexual abuse if he subjects another person to sexual contact by the use of forcible compulsion. Mistake as to Incapacity: Whenever in this chapter the criminality of conduct depends upon a victim's being incapacitated, no crime is committed if the actor reasonably believed that the victim was not incapacitated and reasonably believed that the victim consented to the act. The defendant shall have the burden of injecting the issue of belief as to capacity and consent. FREQUENTLY ASKED QUESTIONS ABOUT CRIMINAL LAW If your case is moving through the criminal court process, it may be helpful to become familiar with the legal terms related to the crime. This information might be used as a way to help you feel validating that what happened to you was actually a crime. According to the state of Missouri, can a woman rape a man? The State of Missouri defines sexual intercourse as penetration of the vagina by the penis. This means that according to Missouri law, rape only occurs if it committed against a woman by a man. According to law, however, both men and women can be victims and perpetrators of sodomy. Remember that these definitions and policies may be different in other states and vary across college campuses. According to the state of Missouri, what is the difference between rape and sexual assault? In a legal context, it is a matter of forcible compulsion. Notice that “sexual assault” does not require the component of force, only a lack of consent. See the Sexual Consent section for more information. What if I’m having a hard time understanding all of the legal language? Legal jargon is often confusing, so do not be discouraged if you find it difficult to fully understand these statutes and definitions. An attorney or legal expert can provide more thorough clarification and answers to your questions. MONETARY COMPENSATION Not only does sexual assault affect your physical, emotional and psychological well being, but you must also find a way to afford medical procedures, lost wages, property damage, counseling and physical rehabilitation. There are a few avenues for you to pursue to be compensated for these expenses: • Restitution: In criminal court, the perpetrator may be ordered to reimburse certain expenses you incur. However, there are limitations on types of damages that can be included in a restitution order; therefore, restitution may fall short of meeting your needs. • Crime Victims’ Compensation: The state of Missouri has a fund to reimburse victims of crime who have suffered injuries causing a financial loss due to violent crimes. These funds are designed to reimburse you for expenses such as medical bills, lost wages and other “out-of-pocket” costs you may incur. The amount you receive may be lowered if you receive assistance from insurance or other sources, and state laws provide limits on how much can be given to an individual. • Civil Lawsuits: You may choose to file a civil lawsuit against your attacker for reimbursement not covered or awarded by other means. For more information on lawsuits, see Chapter 6. CRIME VICTIMS’ COMPENSATION Eligibility for Benefits You may be eligible for benefits if: 1. You sustained personal bodily injury; a. As a victim of a violent crime; or b. As the result of going to the aid of another person or peace officer, or while attempting to prevent a crime from occurring; or 2. You are a relative of a sexual assault victim requiring counseling in order to better assist the victim in their recovery 3. In the event of a victim’s death, a. You are the surviving spouse, child or other dependent of a deceased violent crime victim; or b. You are the family member who pays the medical and burial expenses of the crime; or c. You are a surviving family member of the deceased victim and required counseling as a direct result of the death of a victim or 4. You are a Missouri resident who suffers personal injury or death in a state that does not have crime victims’ compensation for which you would be eligible and that would be covered under Chapter 595, RSMo,*if the crime had occurred in Missouri, or the victim is a Missouri resident injured by an act of terrorism which was committed outside of the United States; and 5. You suffered an out-of-pocked loss of $50 or more; or lost two or more continuous weeks of earnings or support. *For more information on Chapter 595 of the Revised Missouri Statutes, visit: moga.mo.gov/statutes/chapters/chap595.htm To receive Crime Victims’ Compensation, you are required to report the crime against your attacker to a law enforcement agency. However, if you are denied Crime Victims’ Compensation because the crime was not reported, you have the right to seek a “good cause” exemption or appeal the decision. For more information about Crime Victims’ Compensation and for assistance with the paperwork, contact: Survival Adult Abuse Center 137 E. Culton Street, Warrensburg 660-429-1088 (Office) CHAPTER 6: THE LEGAL SYSTEM – CIVIL LAW In addition to the criminal justice system, survivors of sexual offenses may pursue civil court remedies. These remedies may include filing a personal injury lawsuit against your attacker, pursuing employment rights actions, and/or seeking and Order or Protection in cases of stalking or sexual assault committed by an intimate partner or family or household member. Civil processes may occur separate from or simultaneously during criminal law processes. ORDERS OF PROTECTION A survivor of sexual violence may consider filing a petition for an Order of Protection. An Order of Protection is a court order that is designed to stop violent and harassing behavior and to protect you and your family from an abuser or attacker. While an order of protection is primarily designed to protect victims of domestic violence (abuse by a family or household member), victims of sexual assault can sometimes qualify. An Order of Protection can be granted if you have been stalked by your attacker, or your attacker is a family or household member. According to Missouri law, family or household members include: • Spouses • Former Spouses • Adults related by blood or marriage • Adults who are presently residing together or have resided together in the past • An adult who has is or has been in continuing social relationship of a romantic or intimate nature with the victim • Adults who have a child in common regardless of whether they have been married or have resided together at any time According to the state of Missouri, stalking is defined as occurring: “when an adult purposefully and repeatedly engages in an unwanted course of conduct that causes alarm to another person when it is reasonable in that person’s situation to have been alarmed by the conduct.” An Order of Protection can direct your attacker to refrain from any further acts of abuse, sexual assault or harassment, as well as other appropriate remedies, restrictions or requirements ordered by the judge. There are two types of orders: Ex Parte Order of Protection: If you are in immediate danger and have been abused or threatened with abuse, a judge may grant you an ex parte order. Ex parte orders may be granted without the abuser’s knowledge or consent. An ex parte order lasts until your court hearing for a full order of protection, which will take place within 15 days of filing your petition. Full Order of Protection: A full order of protection can be issued only after a court hearing in which you and the abuser or attacker both have a chance to tell your sides of the story. A full order of protection will protect you for a period of not less than 180 days, and not more than one year. For complete information about orders of protection and assistance filing the paperwork, contact the Survival Court Advocate: Survival Adult Abuse Center 137 E. Culton Street, Warrensburg 660-429-1088 (Office) CIVIL LAWSUITS You may choose to file a lawsuit in addition to pursuing crime victim’s compensation or other avenues for financial reimbursement as a result of the crime. Regardless of the outcome of the criminal prosecution, or even if there was no prosecution, crime victims can file civil lawsuits against offenders and other responsible parties. Unlike the criminal justice process, the civil justice system does not attempt to determine an offender's guilt or innocence. Offenders are also not put in prison. Rather, civil courts attempt to ascertain whether an offender or a third party is liable for the injuries sustained as a result of the crime. If defendants are found civilly liable, courts may order them to pay monetary damages to victims. While money awarded in civil lawsuits can never fully compensate you for the trauma of victimization or the loss of a loved one, it can be a valuable resource to help crime victims rebuild their lives. Moreover, the exposure to civil liability is a powerful incentive for landlords, businessmen, and other proprietors to enact the security measures necessary to prevent future victimizations. You may bring civil actions under numerous claims, including: • • • • • • • • Assault Battery Wrongful Death False Imprisonment Intentional or Reckless Infliction of Emotional Distress Fraud Conversion Negligence What are the benefits of filing a civil lawsuit? Some of the benefits of civil actions may include: Control of the Case: Victims have greater control in a civil suit than in a criminal case because they are a party to the civil case, cannot be excluded from the courtroom, and have final approval of settlement proposals. Compensation: Civil actions can provide greater compensation for victims for the monetary damages they suffered, such as medical expenses and lost income. Civil actions can also compensate victims for the emotional damage they have suffered. Justice and Accountability: Civil suits can hold offenders directly accountable to victims. These suits give victims their "day in court," regardless of whether there was a criminal conviction or any prosecution at all. Crime Prevention: In addition to suing perpetrators, victims can often sue other responsible parties. Civil actions provide economic incentives for crime prevention. Businesses such as hotels, apartments, and shopping centers sometimes fail to enact proper security measures because they view such expenses as unnecessary. When businesses are held accountable for safety lapses, proper security becomes cheaper than the cost of defending lawsuits. Crime victims' civil suits have resulted in increased security protection in public places, better oversight and supervision of daycare facilities, and countless other improvements. Is there a statute of limitations in civil cases? There are time limits set by law for filing civil suits. These statutes of limitations vary from state to state. Any suit filed after the expiration of the statute of limitations is "time-barred" and cannot proceed. According to Missouri law, a civil claim for a sexual offense can be brought within five years of the offense. There are a few exceptions that provide a longer statute of limitations. For example, if the personal injury from sexual contact was caused by a person related to the victim, the statute of limitations is 10 years. If you have questions about the statute of limitations regarding the crime committed against you, consult an attorney. What is the burden of proof in civil cases? In the civil justice system, liability must be proven by a preponderance of the evidence, which simply means that one side's evidence is more persuasive than the other's. In other words, the plaintiff must prove there is a fifty-one percent or greater chance that the defendant committed all the elements of the particular wrong. This standard is far lower than the "proof beyond a reasonable doubt" required for a conviction in the criminal justice system. Therefore, it is sometimes possible to find the defendant liable in a civil case even though a verdict of "not guilty" was rendered in the criminal case. (A civil case can also be successful even if the offender was never prosecuted.) Should I consult an attorney ? If you are considering a civil lawsuit, you should contact an attorney as soon as possible. Today, more attorneys than ever are representing crime victims in civil lawsuits, although relatively few specifically identify themselves as "crime victim" attorneys. To assist you in finding a qualified attorney, the National Crime Victim Bar Association provides victims referrals to local attorneys specializing in victim-related litigation. To access the referral service, contact: National Crime Victim Bar Association Attorney Referral Service 1-800-FYI-CALL (7:30am – 4:30pm) [email protected] (Email for Questions) victimbar.org CHAPTER 7: HOW TO HELP A LOVED ONE Sexual assault affects those whom victims choose to share their stories with – their family members, friends and loved ones. These individuals often feel confused and nervous about what to say or do. WHAT YOU CAN DO Be a supportive, empathetic and nonjudgmental listener. What is most important right now is that your friend feels safe, supported and comforted. Try not to ask too many questions and let your friend talk as s/he wishes. Recognize that your friend trusts you very much to tell you such critical information, and thank them for sharing this information with you. Let your friend know that s/he is not to blame. Many survivors of sexual assault blame themselves and need to be reassured that the attacker is fully responsible for his or her actions. You can help your friend remember that no one ever deserves to be assaulted and that s/he is not to blame for what happened. Believe your friend. It has taken your friend a great deal of courage to share this information with you, and your friend needs to know that you support her or him, especially because you may be one of the first individuals to learn about the assault. Accept what your friend tells you about what happened and be supportive. You may have to deal with your feelings separately if you feel that your friend was responsible for what happened. Help your friend feel safe. Sexual assault is a traumatic violation of a person. Especially in the beginning, it is often difficult for survivors to be alone after a sexual assault. Offer to let your friend stay at your place or offer to stay with your friend so s/he will not be alone. Explore options and resources with your friend. Offer to accompany your friend to the hospital, law enforcement agency or counselor's office. If you are unsure of where to go or who to talk to, call Survival Adult Abuse Center at 660-429-1088 or call/log on to the National Sexual Assault Hotline at 1-800-656-HOPE or rainn.org for support. Try not to pressure your friend toward a particular decision and accept the choice s/he makes. Your friend has been through a traumatic experience and needs to regain the freedom to decide what happens to her or him. Try not to be overly protective, and understand that your friend may make a choice different from what you think is the "right" decision. Support these choices even if you disagree with or are confused by the way your friend is responding to the assault. Be patient, understanding, and available. Everyone has her or his own timetable for recovering from a sexual assault. Continue supporting your friend, even if her or his recovery process takes a very long time. Your friend may need to talk at odd hours or a great deal immediately after the assault. Support your friend as much as you can, but realize your limits and recommend the use of other resources. Also, try to be willing to give your friend the space s/he needs, even if this means not talking to you about the assault. Prioritize your friend's feelings above your own. The variety of emotions you may be feeling is a normal response to the sharing of this information. Remain calm by taking a few deep breaths, and decide to tend to your own feelings at another time. Although your friend may feel supported to know that others are upset with what happened, it will upset your friend more if s/he has also to bear the burden of your anger. Talk to another trusted friend, counselor or Lighthouse staff about your feelings. WHAT TO DO IF IT JUST HAPPENED Find out if your friend needs medical attention. Discuss the benefits of going to the hospital to check for injuries, sexually transmitted diseases and pregnancy. Try not to pressure her or him into going to the hospital – remember, this needs to be her or his decision. Exception: If your friend appears to be severely injured and refuses to seek medical help, s/he may be in shock. It is appropriate to insist on going to the hospital or calling 911 for assistance if your friend is bleeding or cannot walk, as it may be an indication of severe or internal injuries. Explore immediate options with your friend. Offer to accompany your friend to the hospital, law enforcement agency or counselor's office. If you are unsure of where to go or who to talk to, call Survival Adult Abuse Center’s 24-hour hotline at 800-846-7597 or 660-429-2847 or call/log on to the National Sexual Assault Hotline at 1-800-656-HOPE or rainn.org for support. Request an advocate. If your friend decides to go to the hospital or law enforcement agency, ask her/him if s/he would like to have an advocate meet you there. Johnson County advocates receive extensive sexual assault response training and provide supportive, nonjudgmental and confidential support throughout hospital and reporting procedures. Help your friend call Lighthouse Services @ CPS at 660-543-4060 to request an advocate before you leave. Help your friend preserve evidence of the assault. If your friend decides to go to the hospital, share with her or him that it is better if s/he does not: • • • • • • Shower Drink Eat Change clothes Use the bathroom Brush teeth This way, evidence can be collected correctly during the exam if s/he decides to report the assault. You may want to bring extra clothes for this person to change into after the exam. WHAT NOT TO SAY What you say to your friend can help or hinder her or his recovery. Try to be patient with your friend and avoid judgment. Above all, let your friend know that you are there to listen. Keep in mind that silence is sometimes more helpful than a spoken response. Here are some suggestions for verbally supporting your friend: GETTING HELP FOR YOURSELF As someone experiencing the emotional affects effects of a friend or loved one’s sexual assault, you may want to seek support from a counselor (see resources). Remember that it is important that you take care of yourself. You may not realize how deeply another person’s experience can affect you. For more information on where to get help, see CHAPTER 2. CHAPTER 8: CRISIS RESOURCES UNIVERSITY OF CENTRAL MISSOURI Counseling Center Humphreys 131, 660-543-4060 ucmo.edu/cc Provides free, confidential crisis intervention and personal counseling for UCM students Offers emergency appointments during office hours Makes referrals to appropriate campus and community services Provides free counseling for UCM students for partner violence, sexual assault and stalking Offers information on options for reporting crimes, seeking campus disciplinary action and obtaining protection orders University Health Center 600 S. College, 660-543-4770 ucmo.edu/uhc Provides confidential, low-cost medical services to UCM students Provides general health care as well as gynecological exams Provides pregnancy and sexually transmitted disease treatment and protection Assesses psychological needs and makes referrals UCM Public Safety 306 Broad Street, 660-543-4123 (Answered 24 hrs) or 911 (Emergency), 660-543-4123 (Walking Escort) ucmo.edu/ps Responds to and investigates crimes including sexual assault, stalking, dating and domestic violence and harassment Provides assistance in reporting and disciplinary action procedures Provides opportunities for anonymous online reporting at http://www.ucmo.edu/surveys/?formID=2673 Provides the SAFE (Student Assistant Foot patrol & Escort) team from 8pm to 2am WARRENSBURG Western Missouri Medical Center 403 Burkharth Road, 660-747-2500 (ext. 4150 for Emergency Room) www.wmmc.com Provides caring hospital staff for emergency care of victims of sexual assault and dating violence Provides a certified SANE (Sexual Assault Nurse Examiner) to respond to needs specific to sexual assault Warrensburg Police Department 102 S Holden Street, 660-747-9133 http://www.warrensburg-mo.com/departments/police-department/ Responds to and investigates crimes including sexual assault, stalking, relationship and domestic violence and harassment Provides assistance in reporting procedures Johnson County Sheriff’s Department 135 W. Market Street, 660-747-6469 Survival Adult Abuse Center 137 E. Culton Street, 660-429-1088 (Office), 660-429-2847 or 1-800-846-7597 (24-Hour Crisis Hotline) Provides crisis intervention, support groups, court advocacy, children’s services and individual advocacy to victims of domestic violence Assists domestic violence victims in finding safe housing and obtaining orders of protection Johnson County Community Health Services 429 Burkharth 723 PCA Road, 660-747-6121 johnsoncountyhealth.org Provides pregnancy tests, STD/HIV testing, immunizations, counseling and other related services at no charge or on a sliding scale Provides WIC (Women, Infants & Children) supplemental nutrition program for counseling, support and food vouchers Legal Aid of Western Missouri 305 N. Holden, 660-747-7101 or 1-800-892-2943 lawmo.org Provides a wide range of low-cost legal services Provides assistance for obtaining orders of protection for victims of sexual assault and domestic violence Assists those trying to leave an abusive relationship, especially cases involving child custody and visitation Offers free representation to immigrants in the entire state of Missouri Planned Parenthood 607 Burkharth Road, 660-747-6186 (Office), 800-908-9906 (After-Hours Emergency) plannedparenthood.org Offers low-cost emergency contraception, prenatal care and OB/GYN services Provides a confidential setting for clients to talk with physicians, nurse practitioners and other staff New Beginnings Pregnancy Resource Center 208 E. Gay, 660-429-3800 (hotline) 660-747-3593 (office) http://pregnancyoptionsnow.org/ Offers confidential care and free pregnancy tests for women Provides non-medical emergency pregnancy consultation Paul Fuelling & Associates 510 E. Gay Street, 660-429-6678 Offers counseling and psychotherapy for individuals, children and families Accepts most insurance policies and uses a sliding scale based on income Healing Grace Christian Counseling Center 123 East Gay, Suite D, 660-747-9242 http://www.lindagsmith.com/ Offers counseling and psychotherapy for individuals, children and families Accepts most insurance policies and uses a sliding scale based on income Catholic Charities 118 Hout Street #F, 660-747-2241 catholiccharities-kcsj.org Provides help to those in need regardless of religious affiliation Provides free adoption and pregnancy services Offers counseling services on a sliding scale according to income and accepts some insurance policies Provides emergency financial assistance and direct assistance with medical costs Johnson County Emergency Care Coalition Offered through Catholic Charities, 660-747-2241 Offers Johnson County residents emergency financial assistance through Warrensburg church donations First Baptist Church of Warrensburg 1302 S. Maguire, 660-747-9186 fbcwburg.org Offers Celebrate Recovery ministry to help individuals heal from hurts and habits, including substance abuse, chemical and alcohol addiction and sexual issues Offers Lifebuilders program to assist the homeless and others in crisis through transitional housing and mentoring Offers classes and ministry groups for personal healing and life-skill building Johnson County HELP (Homelessness Eliminated by Loving People) 138 W. Culton, 660-747-HELP Provides emergency financial assistance Provides emergency housing shelter with food and necessity items Missouri Valley Human Resource Community Action Agency 124 N. Holden, 660-747-2245 Provides emergency shelter expense assistance Provides crisis intervention and assistance with employment needs Salvation Army salvationarmyusa.org 125 N. Holden, 660-422-4303 Provides emergency assistance for medical, utilities, transportation and other expenses American Red Cross – Johnson County Chapter redcross.org 208 Emerson, 660-747-5173 Provides emergency assistance for disaster relief Offers babysitting and information/referrals Pathways Community Behavior Healthcare, Inc. 520C Burkharth, 660-747-7127 pathwaysonline.org Provides treatment, counseling and psychotherapy for drug and alcohol addiction Accepts most insurance policies and uses a sliding scale based on income Recovery Lighthouse 107 E. Culton, 660-429-2222 http://www.recoverylighthouse.org/Pages/default.aspx Assistance in finding healthcare, housing, food, employment and support for chemical and alcohol addiction recovery Provides services for family engagement, individual and group recovery support and spiritual life skills Apple Court Apartments 321 North, 660-429-2933 Provides subsidized housing with 24 family units Warrensburg Housing Authority 205 N. Holden, 660-747-2281 Provides assistance with rent through Section 8 housing certification Provides program on waiting list basis Spring Ridge Apartments 602 Spring Ridge Rd, 660-747-7608 Provides subsidized housing for families Central Taxicab 204 East Young Street, 660-429-5523 Provides general local taxi services Offers transportation to Kansas City with 24-hour notice WHITEMAN AIR FORCE BASE Sexual Assault Response Coordinator 660-687-7272 Provides single point of contact for confidential (restricted) reporting of sexual assault Provides 24-hour Whiteman sexual assault response advocacy system to provide on-going victim care including support through reporting and court processes Life Skills/Family Advocacy 660-687-4342 Offers counseling, information and referral options Assists in reporting family and domestic violence Chaplain 1-866-395-4357 (Hotline), 660-687-3652 (Office) Offers counseling, information and referral options Offers spiritual guidance Law Enforcement 660-687-3700 Assists with crime reporting Provides information for victims of violence CLINTON/HENRY COUNTY Henry County Health & Senior Services 1661 N. Second / P.O. Box 626 Clinton, MO 64735 (660)885-5531 Missouri Department of Health and Senior Services P.O. Box 570 Jefferson City, MO 65102 (573) 751-6010 Providing Information on Available Resources Family Care Safety Registry (866) 422-6872 They can find available local resources for any county. Call and tell them where you live what your need is. United Way of Greater Kansas City (816)474-5112 They can find available local resources for any county. Call and tell them where you live and what type of assistance you need. Resource Website www. sharenetworkmo.org Samaritan Center 1317 South 2nd Street Clinton, MO 64735-2829 (660) 885-8555 Financial assistance, Food Pantry, Clothing Pantry Hours 9am - 1pm Mon, Tues, Wed, Fri Thrift Store (660) 885-3407 Family Support Division 1661 N Second / P.O. Box 626 Clinton, MO 64735 (660)885-5531 Food Stamps, Temporary Assistance for Needy Families, MO HealthNet, Child Care Assistance. Henry County Victim Advocate Henry County Courthouse 100 West Franklin St. Clinton, MO 64735 660-885-7220 Provides support to residents of Henry County who have been victims of crime Families Assisted in Transitional Housing “FAITH” 1007 South Second St Clinton, MO 64735 660-885-6067 Provide temporary housing for women and children SEDALIA Child Safe of Central Missouri Inc. 102 E. 10th Sedalia, Mo. 65301 660-829-3434 Citizen's Against Spouse Abuse Inc. P.O. Box 2575 108 E 5th Street, Sedelia, MO 65302 660-827-5555 Emergency: 660-207-7504 Bothwell Regional Health Center 601 E. 14th Sedalia, Mo. 65301 660-827-9470 Trained S.A.N.E. nurses Burrell Behavioral Health and Pathways Crisis Line 1-800-395-2132 Therapy services Child Abuse and Neglect Hotline 1-800-392-3738 Text: 7-800-669-8699 Elder Abuse Hotline 1-800-392-0210 Pettis County Sherrif's Department 319 S. Lamine Sedalia, Mo.65301 660-827-0052 Sedalia Police Department 660-826-8100 Pettis County Victim Advocate Shelley Kruger 660-827-3700 Benton County Victim Advocate Nancy Leonard 660-438-5209 KANSAS CITY/MISSOURI St. Luke’s East Hospital 100 N.E. Saint Luke’s Boulevard, Lee’s Summit 816-347-5000 saintlukeshealthsystem.org Provides medical care & forensic exams for sexual assault-related situations at no charge Metropolitan Organization to Counter Sexual Assault (MOCSA) 816-531-0233 (24-Hour Crisis Line), 816-931-4527 (Office) mocsa.org Provides intervention, treatment and advocacy programs for victims of sexual violence Offers community outreach to prevent sexual violence Kansas City Anti-Violence Project (KCAVP) P.O. Box 41121 Kansas City, MO 64141-1211 (Information), 816-561-0550 (Office) kcavp.org Provides needs assessment, court advocacy and emergency assistance for lesbian, gay, bisexual and transgender victims of violence Offers free counseling for LGBT victims of violence, as well as a support group for LGBT survivors of domestic violence The Missouri Coalition Against Domestic & Sexual Violence (MCADSV) 1-800-799-SAFE (National Domestic Violence Hotline), 1-800-787-3224 (TTY) mocadsv.org Offers free support to victims of domestic violence and sexual assault Provides local resources to help battered women and their children The Human Trafficking Rescue Project Taskforce – Western District of Missouri acf.hhs.gov/trafficking 816-461-HOPE (24 hour support concerning human trafficking) 816-474-TIPS (Anonymously report crimes of human trafficking) • Provides assistance in Missouri for reporting cases of adult or child human trafficking 888-428-7581 (Trafficking Information & Referral Hotline) • Provides information and access to supportive services to help victims safely and securely rebuild their lives by connecting them to basic services for housing, health care, immigration assistance, food, income, employment and legal assistance • Provides assistance to those who suspect someone is a victim of trafficking Missouri Protection & Advocacy Services (MO P&A) moadvocacy.org 925 South Country Club Drive, Jefferson City, Admin; 573-893-3333, 866-777-7199, Mo Relay 1-800-735-2966 (TDD) Provides advocacy and legal services for people with disabilities Investigates reports of abuse, neglect and serious physical harm against people with disabilities Missouri Department of Public Health Crisis Services 1-888-279-8188 (CommCare AA Hotline), 816-482-5770 (Alcohol & Drug Abuse Crisis, Voice/TT) dmh.missouri.gov/crisis.htm Provides various resources and information for alcohol/drug abuse, mental crisis, suicide, gambling and disabilities UNITED STATES Rape, Abuse & Incest National Network (RAINN) 800-656-HOPE (24-Hour National Sexual Assault Hotline) rainn.org (Online Hotline) Offers free, confidential support and counseling Provides information, resources and programs The National Domestic Violence Hotline 1-800-799-SAFE (24-Hours), 1-800-787-3224 (TTY) ndvh.org Provides hotline advocates for victims and anyone calling on their behalf to provide crisis intervention, safety planning, information and referrals to agencies in all 50 states, Puerto Rico and the U.S. Virgin Islands Offers assistance in English and Spanish with access to more than 140 languages through interpreter services Men Against Sexual Violence (MASV) 1-888-772-PCAR (24-Hour Info. & Referral), 717-728-9740 or 800-692-7445 (Office), 877-585-1091 (Office TTY) menagainstsexualviolence.org Provides information about sexual assault for male sexual abuse survivors Offers support for male victims through hotline Male Survivor malesurvivor.org Provides support, information and sources for male sexual abuse survivors Provides a directory of professionals wishing to offer services to male sexual abuse survivors Working to Halt Online Abuse (WHOA) haltabuse.org Provides online information about online harassment and cyberstalking Provides online assistance for reporting cyberstalking incidences National Suicide Prevention Lifeline suicidepreventionlifeline.org 1-800-273-TALK, 1-800-799-4TTY (TTY) Offers free 24-Hour Hotline to provide immediate assistance to individuals in suicidal crisis by connecting them to the nearest available suicide prevention and mental health service provider Field Code Changed Covenant House covenanthouse.org http://www.1800runaway.org/ Provides 24-hour crisis support in English and Spanish for children and teens in the U.S. and Canada regarding any issue Provides immediate crisis counseling and refers callers to help in their area Formatted: French (France) Childhelp National Child Abuse Hotline childhelp.org 1-800-4-A-CHILD (24-Hour hotline) Provides confidentiality and anonymity for callers reporting suspected abuse or neglect Offers crisis intervention, information, literature and referrals Provides professional crisis counselors for assistance in 140 languages Formatted: French (France) REFERENCES & SUGGESTIONS FOR FURTHER READING RESOURCES REFERENCED IN THIS MANUAL: • • • • • • • • • • • • The Bacchus Network, “Predatory Drugs.” Johnson County (Missouri) Sexual Assault Response Team Legal Momentum Metropolitan Organization to Counter Sexual Assault (MOCSA) Missouri Coalition Against Domestic & Sexual Violence, “A Framework for Understanding the Nature and Dynamics of Domestic Violence.” Missouri Coalition Against Domestic & Sexual Violence, “A Framework for Understanding the Nature and Dynamics of Sexual Violence.” National Center for Victims of Crime National Crime Victim Bar Association, “Civil Justice for Victims of Crime.” Partners in Prevention, “Predatory Drugs.” Rape, Abuse & Incest National Network (RAINN) Tjaden & Thoennes, National Violence Against Women Survey, National Institute of Justice, 2000. U.S. Department of Health & Human Services, “Look Beneath the Surface: Human Trafficking.” SUGGESTIONS FOR FURTHER READING: • • • • Domitrz, M. (Ed.) (2005). Voices of courage: Inspiration from survivors of sexual assault. Greenfield, WI: Awareness Publications: thedatesafeproject.org. From tragedy to triumph, inspiring stories unfold in this one-of-a-kind book by twelve survivors of sexual assault. Lauer, T. M. (2002). The truth about rape: Emotional, spiritual, physical and sexual recovery from rape. Gold River, CA: Raperecovery.com. This resource contains interviews with more than 40 women who share their obstacles in recovery and discuss their emotional, spiritual, physical and sexual healing. Ledray, L. E. (1994). Recovering from rape. New York: Henry Holt. A resource for survivors of sexual assault, as well as their partners, family and friends, this book looks at the trauma of sexual violence and emotional responses. Pierce-Baker, C. (1998). Surviving the silence: Black women’s stories of rape. New York: W. W. Norton. This book contains interviews with black women who speak about their experiences of sexual violence as informed by their Formatted: French (France) Formatted: French (France) Field Code Changed Field Code Changed Formatted: French (France) • race and gender identities. It places rape within a historical and cultural context, explaining the shroud of silence that surrounds it within the black community. Weaver-Franciso, P. (1999). Telling: A memoir of rape and recovery. New York: HarperCollins. In this intimate memoir, the author tells of her fifteen-year journey to recognize and overcome the effects of rape. • • • • • • • IN THIS GUIDE, YOU WILL FIND HELPFUL INFORMATION REGARDING: What to do if you have just been sexually assaulted Definitions and information about sexual assault Where to get help Medical care Making a report Criminal and civil court processes Hot to help a friend or loved one INFORMATION IS ALSO INCLUDED ABOUT CRISIS RESOURCES IN: • • • • • • • • Clinton / Henry County Sedalia / Pettis County Warrensburg / Johnson County University of Central Missouri Whiteman Air Force Base Kansas City, MO Missouri United States Revised 8/20132015
