Sexual assault victims can use University, city court system

Each year, a small number of IU students fall victim to sexual assault. Many accounts go unreported, making it hard to distinguish the actual number of sexual assaults, but for those that do get reported there are two options for punishment. A victim of rape or sexual assault can take the case through the University judicial system or through the court system. \nIf the victim decides to go through the University judicial system, the case goes before the judicial board. The judicial board is made up of hearing officers who are trained for this specific type of case. The number of sexual assault cases reported in 2005 was 14, but the amount of cases that went before the board was less than that because most victims are unwilling to follow through and take their case beyond filing charges. \n"The J-board gives a recommendation (based on the hearing) as to what the sanction should be," said Dead of Students Dick McKaig. "It could be suspension, expulsion, probation, and then officially the dean of students endorses the sanction and it goes into effect."\nThe University is restricted as to how far it can punish a perpetrator.\n"University systems are based on University regulations, and the strongest sanction we can give is expulsion," McKaig said.\nSenior Megan Sharkey, president of IU's Feminist Majority Leadership Alliance, said she feels this is not enough.\n"The University really needs to get their act together on the severity of its punishments," she said. "Rape is one of the most intrusive crimes there is."\nAlong with possible suspension or expulsion, the perpetrator may be required to write a paper on rape if found "guilty" before the J-board.\nInformation on what punishment each perpetrator receives is private information, in order to protect both the victim and the perpetrator.\nThough lacking in severity, Assistant Dean for the Office of Women's Affairs Carol McCord said she believes the report is a very effective tool.\n"If we can change (the perpetrator's) behavior and make them realize it's a crime ... it's a better way to find someone responsible," she said. "I think it's a pretty good alternative."\nAs a second option, the victim can choose to take her case to the prosecuting attorney.\n"Victims could go to the prosecutor's office, but it's very hard to go to court," McCord said. "Prosecutors are voted on based on how many cases they win. So if they can't win, they won't take the case."\nIn 2005, there were six sexual assault charges filed with the Monroe County Courts, as opposed to the 14 filed with the IU Police Department.\n"The criminal court system has sanctioning alternatives that are much broader than those available to the University," McKaig said. "The courts also have much higher standards of proof required for conviction."\nCollecting the physical evidence needed to prove a case is sometimes easier said than done.\n"We need to collect the data right after the event," said IUPD Lt. Jerry Minger. "Even if the victim wants to wait a month before prosecuting, we need to collect the evidence right away because a month later the evidence won't be there.\n"Once a case is reported, we send an officer to take a preliminary report. He collects clothing, bed sheets, any evidence of the event occurring. It is then assigned to a detective, and the victim decides where it goes from there."\nSome students and faculty said they wish more could be done.\nGender Studies Professor Julie Thomas and Honors College Advisor Nigel Pizzini are working with the FMLA to prevent more rapes from occurring.\nThomas and Pizzini could not be reached for comment, but Sharkey explained the course would be a mandatory three-credit hour course, which would teach students about what rape and consent actually are.\n"It would open the door to how you can help and stop it," she said. \nWhile the University judicial system is more commonly used by rape victims, there some said they would like to see it altered.\n"I would like to see people take this situation seriously, to really respond," McCord said. "I want the hearing commission to be more willing to take action against the perpetrator." \nMcKaig defended both \nsystems.\n"I think both systems should be available to the student who feels victimized, but it is appropriate for us to be able to exercise some control over who attends IU and/or who receives an IU degree," he said.