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Sexual assault allegations, at times referred to as sexual harassment, are the most serious and misunderstood allegations in a college setting. While many understand the concept of rape and what it entails (sexual intercourse against the others’ will or without consent) they would be wrong on many campuses. Many colleges have a requirement that consent is only valid if given verbally while many other colleges note that while consent can be given both verbally and by action “non-verbal consent is not as clear as talking about what you want sexually and do not want sexually.”
This creates a situation that we do not see in society, the need to have a verbal agreement to have sexual relations and the scope of those sexual relations. Can you imagine being prosecuted for rape because you did not verbally ask if your partner wanted to engage in sex despite your partner showing every indication, he or she wanted to have sex and assisted in performing the sexual act?
While that standard would never survive the scrutiny of our criminal system it is the standard many colleges follow to determine wrongdoing on our campuses. Many students that find themselves in this situation believe if they just tell the truth the allegation will go away. Instead, they have often inadvertently hurt their situation by describing sex they believe was consensual but lacked the schools' requisite verbal consent. Further, the production of evidence following the sexual act that demonstrates the voluntariness of the sexual act e.g., continued relationship, text messaging, snap chatting etc. is viewed by the disciplinary offices as irrelevant because you have admitted you did not verbally ask for permission before you had sex.
Again, a standard not found anywhere else in our society because of the ridiculous results it would produce.
Regardless, many sexual assault allegations often result in severe disciplinary actions such as suspension or expulsion, which can have enduring implications for a student’s academic, athletic, and career ambitions.
Furthermore, in cases where school authorities determine that a sexual assault or rape has occurred, they are obligated to report the incident to local law enforcement. This may trigger a criminal investigation that will create an unimaginable amount of stress and uncertainty for a college student. Those investigations can also produce criminal charges that carry prison sentences.
There are few crimes that are more serious than an allegation of sexual assault. The best ways to protect yourself is knowing the sexual assault rules laid out in your colleges code of conduct, conforming to those rules, and getting legal representation immediately upon learning there may be an issue.