|
Contents
1. What is sexual assault
2. Some established understandings
about sexual assault
3. How to respond to a complaint
4. Taking action after sexual
assault
4.1 Seek expert advice
4.2 Alternative sources of support
5. How to preserve evidence
6. Procedures for handling victim/survivors
of sexual assault for counselling support person
6.1 Promote effective recovery
and safety
6.2 Act only in the interests of the
victim/survivor
6.3 Conflict of interest
6.4 Requirement to provide
evidence
7. Managing the interests of the
alleged perpetrator
8. Maintaining records of instances
of reported sexual assault
9. Review of protocol
Implementation Issues
1. WHAT
IS SEXUAL ASSAULT?
SEXUAL ASSAULT IS AN ACT OF VIOLENCE BY ONE OR MORE
PERSONS OVER ANOTHER
Sexual assault is a form of sexual harassment. Sexual assault is any unwanted sexual act by one or
more persons directed towards, or upon another person
without their consent. Sexual assault occurs under the
circumstances of force, fear, threat or by virtue of
an inability of the victim to consent for any reason.
Sexual assault is an act of violence by one or more
persons over another.
If proven, sexual assault is a criminal offence. It
breaches civil laws as well as internal University policy
on sexual harassment and staff or student discipline.
2.
SOME ESTABLISHED UNDERSTANDINGS ABOUT SEXUAL ASSAULT
VICTIMS/SURVIVORS OF SEXUAL ASSAULT FEEL SHAME AND
GUILT
Sexual assault often occurs in environments
which are familiar to the victim, such as in
their place of residence or in a car.
Assaults may also occur in public places, such
as public toilets or areas surrounding establishments
which have liquor licences.
Sexual assault is predominantly carried out by men against
women, however, increasingly men are also the victims/survivors
of sexual assault.
The victim/survivor may confide in a friend or acquaintance and may be unsure how to proceed. They may be reluctant
to report the incident to the police, particularly in
the circumstance where the victim/survivor knows the alleged offender.
The victim/survivor may not report the incident immediately
after the event. It may take several hours, several
weeks, months or a year or more, for a victim/survivor
to overcome the shame and guilt that they feel before
they can tell somebody else about the sexual assault
they experienced.
The victim/survivor may insist that the information
that they give to you is confidential. As a consequence
you may be required to seek advice and support for the
victim/survivor without the victim/survivor having any
face to face contact with health professionals or other
members of the University and broader community.
You may receive complaints involving a variety of circumstances
including:
- the sexual assault has just occurred, is still occurring
or circumstances exist in which harassment may move
into assault;
- the victim/survivor of the sexual assault is a
friend, colleague, student or acquaintance of yours;
- the victim/survivor of sexual assault insists that
you keep all details confidential;
- the victim/survivor may identify the alleged offender;
- the victim/survivor may refuse to report the incident
to the police;
- the victim/survivor may refuse to attend professional
counselling;
- the victim/survivor may be perceived to be at continued
risk of attack from the alleged attacker. This risk
may arise in sporadic fashion on campus, or in class,
or in residential halls, or in other public places
on campus.
3.
HOW TO RESPOND TO A COMPLAINT OF SEXUAL ASSAULT
MINIMISE THE CONTINUED TRAUMA EXPERIENCED BY THE
VICTIM/SURVIVOR AND PROMOTE EFFECTIVE AND SPEEDY RECOVERY
YOUR RESPONSE IS CRUCIAL:
- ENSURE THAT THE INDIVIDUAL'S BASIC NEEDS ARE TAKEN
CARE OF - they have sufficient clothing, they are
warm, away from further harm and in a comfortable
and secure place.
- DO NOT ENGAGE IN DOUBTFUL QUESTIONING or invalidate
in any way the extent or nature of the trauma that
the victim claims to have experienced.
- ARRANGE MEDICAL ATTENTION if it is needed for the
treatment of injury. In the event that an individual
is unable to respond owing to the severity of their
injuries - eg failing consciousness - make contact
with emergency medical attention on their behalf.
- REASSURE THEM IT IS NOT HER/HIS FAULT.
- DO NOT FORCE THE INDIVIDUAL TO RESPOND IN ANY PARTICULAR
WAY.
- REACTIONS TO SEXUAL ASSAULT MAY VARY.
Following a sexual assault, the victim/survivor may
feel a combination of emotions including shock, embarrassment,
shame, guilt, disbelief, anger, anxiety, or nothing
at all. These are all normal reactions to a violent
crime.
- PROVIDE THE VICTIM/SURVIVOR WITH A RANGE OF CHOICES
ON HOW TO PROCEED. After sexual assault it is important
to the victim/survivor's recovery that they are given
the opportunity to make their own choices. See the
following pages for a range of possible options for
the victim/survivor.
4.
TAKING ACTION AFTER SEXUAL ASSAULT
EXPERT ASSISTANCE AND GUIDANCE IS A POSITIVE FIRST
STEP FOR A VICTIM/SURVIVOR TO TAKE
4.1 SEEK EXPERT ASSISTANCE
- PROVIDE THE VICTIM/SURVIVOR WITH A RANGE OF POSSIBLE
RESPONSES TO THEIR CIRCUMSTANCES.
- THE FOLLOWING ORGANISATIONS CAN PROVIDE EXPERT ASSISTANCE
IN ALL ASPECTS OF MANAGING AN ASSAULT.
EXPERT ASSISTANCE FOR SEXUAL ASSAULT VICTIMS/ SURVIVORS
CONTACT DETAILS:
Wollongong Hospital Sexual Assault Service, Urunga
House Counsellors will attend to all needs including
reporting to the police if desirable and medical attention
as necessary
(02) 4222 5408(02) 4222 5000 after hours
Nowra Sexual Assault Service, Shoalhaven Hospital
(02) 4423 9211 (02) 4421 3311 after hours
Wollongong Police (02) 4226 7899
Rape Crisis Centre 1800 424 017
Child Sexual Assault - Contact this number for
advice.It is mandatory to report child sexual assault
to Child Protection and Family Crisis Section of the
Department of Community Services on the 24hour toll
free number.
1800 066 777 (02) 4226 6441
THE BEST RESPONSE IS THE ONE THE VICTIM/SURVIVOR
CHOOSES
4.2
ALTERNATIVE SOURCES OF SUPPORT
The victim/survivor may prefer to contact somebody
they already know. Or, they may make contact with an
individual they know in addition to the expert assistance
that they seek. The following list of persons may be
appropriate sources of support for the victim/survivor:
SOURCES OF SUPPORT CONTACT DETAILS:
A trusted relative, friend or other associate
Wollongong Women's Centre (02) 4228 1499
SALVO Care Line (02) 9331 6000
Lifeline Crisis Counselling (South Coast) 131114
ANGLICARE Emergency Assistance and Care (02) 42297911
Domestic Violence Advocacy Service (02) 8745 6999 1800
810 784freecall
Chamber Magistrate (02) 4223 3630
UNIVERSITY BASED SUPPORT CONTACT DETAILS:
Heads of Halls of Residence: 24 hour access
Mr James Atkinson (Campus East, Gundi, Kooloobong, Graduate
House) (02) 4221 3351
Ms Alison Hemsley (International House) (02) 4221
5255
Ms Leanne Robinson (Weerona) (02) 4221 5242
University Counselling Service: (02) 4221 3445
Dean of Students: Ms Yvonne Kerr (02) 4221 4355
Director of Employment Equity & Diversity: Mrs Lynne Wright (02)
4221 3917
Chaplain'Office -A list of visiting chaplains from a
range of religious denominations is available from the
Chaplain's Office (02) 4221 3534
Student Equity & Diversity Liaison Officers -
Viv McIlory Ex 3635 Faculties of Arts & Law;
Ann-Maree Smith Ex 4714 Faculty of Commerce & Graduate School of Business;
Kerry Banks Ex 4529 Faculties of Creative Arts & Education;
Virginie Schmelitscheck Ex 5670/3833 Faculties of Engineering & Informatics;
Erin Hiesley Ex 5332 Faculties of Science and Health & Behavioural Science
IT IS MANDATORY TO REPORT CHILD SEXUAL ASSAULT-
EVEN IF IT IS ONLY SUSPECTED
4.3 CHILD
SEXUAL ASSAULT
A "child" is defines as any person under
the age of 18 years.
It is not necessary for you to know or be able to prove
child sexual abuse however you do need to know who is
responsible.
The Children (Care and Protection) Act 1987, requires
that categories of staff (teachers, social workers,
medical personnel) report any suspected sexual assault
on children. There is an expectation that persons outside
these categories will also abide by this requirement.
Notification can be made orally or in writing to the
Child Protection and Family Crisis section of the Department
of Community Services. A 24 hour toll free number is
available (1800 066 777).
There are further obligations if the alleged perpetrator
is a teacher, trainee teacher early childhood teacher,
childcare worker etc. The Care Management Unfit of the
Department of School Education should be notified (02
9561 8731).
5.
HOW TO PRESERVE EVIDENCE
THE PRESERVATION OF EVIDENCE MAY BE CRUCIAL TO APPREHENDING
THE PERPETRATOR OF SEXUAL ASSAULT
TIPS FOR PRESERVING EVIDENCE INCLUDE THE FOLLOWING
ADVISING THE FOLLOWING:
- Don't change anything. Help preserve evidence by
not changing anything about the scene where the assault
occurred. The victim/survivor should not wash any
part of her/his body, comb her/his hair or change
her/his clothes.
- Get medical attention as soon as possible. A medical
examination is important to detect injury and for
possible protection against a sexually transmitted
disease or pregnancy.
- Get a medical examination.Even if the victim does
want to prosecute, it is essential that she/he has
an appropriate medical examination at a hospital emergency
room or suitable medical service soon after the assault.
To increase her/his options later, this exam is recommended
even if she/he is unsure about prosecution.
- Think about reporting immediately to the police.
Telling the police does not mean that she/he has to
lay charges and prosecute (go to trial). Keep in mind
delay in reporting a sexual assault has the potential
to be viewed unfavourably if the matter does go to
trial.
6.
PROCEDURES FOR COUNSELLING SUPPORT PERSON FOR HANDLING
VICTIM/SURVIVORS OF SEXUAL ASSAULT
SUPPORT PERSON TO ACT ONLY IN THE INTERESTS OF THE
VICTIM/ SURVIVOR
Victim/survivors of sexual assault may go directly
to a relevant community service for support following
sexual assault, but more often they go initially to
someone they know or someone within the campus community.
This reaction cannot be predicted or controlled. Any
member of the campus community could be contacted by
a student or staff member to disclose sexual assault.
Section 6 of the protocol has been prepared for the
guidance of those contacted as a support person following
sexual assault. If contacted in this role the onus is
on you to provide to undertake the steps outlined in
the following text. If you are uncomfortable with the
role and the associated responsibility it is important
that you discuss and initiate referral to another support
person immediately.
6.1 PROMOTE EFFECTIVE RECOVERY
AND SAFETY
Upon advice that a sexual assault has allegedly occurred,
the counselling support person shall take all necessary
steps to promote the effective recovery and ensure the
safety of the victim/survivor of sexual assault.
The counselling support person shall with the consent
of the victim:
(i) consult with security staff on details of the assault
and on ways to continue to assure the safety of the
victim/survivor. This step is critical if one or more
people involved require continued access to University
premises;
(ii) try to ensure, in conjunction with University
Security or police, that the individual is not at continued
risk of harm through further contact with the alleged
perpetrator;
(iii) encourage the victim/survivor to undertake specialised
counselling;
(iv) provide the victim/survivor with information and
advice on surviving sexual assault. An information pack
shall be provided. This pack will include materials
produced by Wollongong Hospital Sexual Assault Service,
all University policy documents relating to sexual assault
and sexual harassment, and a pamphlet on applying for
an Apprehended Domestic Violence Order. Packs will be
held in the offices of the Dean of Students, Counselling
Services, EED and the SRC.
(v) liaise with the family and friends of the victim/survivor
to assist them to deal with the situation. This may
include advising them of the various policy and procedure
documents of the University which relate to sexual assault,
sexual harassment, serious misconduct etc.
(vi) check on the living arrangements of the victim/survivor.
If the victim/survivor resides in the same location
as the alleged perpetrator, alternative arrangements
for accommodation will need to be made. Contact should
be made with Heads of Halls of Residence regarding temporary
accommodation.
(vii) endeavour to minimise the adverse effects upon
ta victim/survivor's course of study or their employment
arising from any aspect of the assault in consultation
with the Dean of Students and/or Director of EED, as
appropriate. This may include liaison with appropriate
staff within the University to apprise them of the situation
and to seek special consideration, for example students
facing examinations.
(viii) ensure that University Security staff have been
adequately briefed about any assault that affects the
campus community. They need to be aware in the event
of any implications for ongoing safety on campus such
as retaliatory attacks from relatives or friends upon
the alleged perpetrator or attempted repeat attacks.
If an AVO is in existence, a copy should be lodged with
Campus Security.
(ix) In the event that the counselling support person
becomes aware of potential legal implications for the
University arising from the incident, he/she shall advise
the Director of Employment Equity & Diversity, who in
turn advises the Vice-Chancellor.
(x) make a record of the complaint in accordance with
the report form in attachment to the policy.
6.2 ACT
ONLY IN THE INTERESTS OF THE VICTIM/SURVIVOR
The counselling support person, upon having been briefed
on a matter of sexual assault in relation to a victim/survivor,
shall act only in the interests of the victim/survivor
and shall not be required to provide information or
assistance in any way to the alleged perpetrator in
the event that that person's identity is made known
to them.
It must be recognised that the alleged perpetrator
has legal and other rights and that complaints in which
the parties are all members of the campus community
are the most ethically and legally complex. A presumption
of guilt should not be made as the result of any allegations.
6.3
CONFLICT OF INTEREST
In the event that the counselling support person experiences
any conflict of interest in the handling of the matter,
he/she should promptly refer the matter onto another
recommended counselling support person listed above.
A conflict of interest may arise if the counselling
support person has or has had a relationship, collegial
or otherwise, with the alleged perpetrator, or in the
case wherein the counselling support person feels unable
to adequately support and/or represent the interests
of the victim/survivor.
Ideally, the reasons for the referral should be discussed
with the victim/survivor beforehand, to minimise any
trauma associated with multiple handling of the issue.
It is also recognised that in some types of conflict
of interest cases, it may not be in the interests of
the victim/survivor to advise them of the reason eg
if you have been sexually abused by the same person.
6.4
REQUIREMENT TO PROVIDE EVIDENCE
The counselling support person and any other person
who has had contact with a victim/survivor of sexual
assault may be required to provide evidence in court
in the event that the victim/survivor decides to make
a formal complaint.
Counselling support persons should be aware that victims/survivors
who are pursuing any type of action, but especially
criminal prosecution and if the victim/survivor is a
child, should not be encouraged to unnecessarily retelling
the events complained of, as this may detract from the
value of their evidence. This does not mean the counselling
support person should disallow a retelling of the story
as this maybe an intrinsic part of minimising trauma.
A supportive non-interrogatory role is required.
7.
MANAGING THE INTERESTS OF THE ALLEGED PERPETRATOR
A PRESUMPTION OF GUILT SHOULD NOT BE MADE AS THE
RESULT OF AN ALLEGATION
Insofar as it is possible, the University shall endeavour
to protect the identity of the alleged perpetrator until
such time as allegations against him/her are made formal.
In the event that an individual staff member or student
is accused of sexually assaulting another individual
at the University, once a formal complaint is lodged
with the University, he/she shall be provided with access
to support and advice from a member within the University
on the following:
(i)a copy of any relevant documentation about internal
disciplinary proceedings;
(ii) his/her rights to union representation (if a member)
in the event of disciplinary action within the University.
In the event of any external legal action, the alleged
perpetrator should be advised to seek qualified legal
advice; and
(iii) his/her capacity to access confidential counselling
from someone with no contact with the victim/survivor.
The alleged perpetrator has a right to select their
representative and to only be dealt with through that
person. If an alleged perpetrator has formally identified
a representative, they should only be approached through
that person. Counselling and/or support can only be
offered to an alleged perpetrator who is a member of
the University community. It cannot be forced upon them
and any refusal should be respected.
When the parties are members of the University community
arrangements should be made limiting or ceasing any
on-going contact during the investigation phase. This
should occur in conjunction with University Security,
the Director of EED and/or the Dean of Students depending
on staff/student status.
8. MAINTAINING
RECORDS OF INSTANCES OF REPORTED SEXUAL ASSAULT
ACCURATE RECORDS ARE ESSENTIAL
Any member of the University Community who has received
a complaint of sexual assault shall make a record of
that complaint for the purposes of:
(i) monitoring campus safety. There is a report form
attached to this policy. The record shall not include
the identity of any victim/survivor without their consent;
and,
(ii) to protect the counselling support person in the
event there is a subsequent complaint from the victim/survivor,
the alleged perpetrator and/or their representatives,
that you failed to do a certain thing or did something
you should not have done. The greatest protection in
this situation is adhering to this policy and clear
record keeping.
The information shall be maintained within Counselling
Services and/or in the Office of Employment Equity & Diversity.
9. REVIEW
OF PROTOCOL
These protocols shall be reviewed by the University
Employment Equity & Diversity Committee after 12 months of operation.
SEXUAL ASSAULT REPORT FORM
Date:
Description of Alleged Perpetrator/s(Provide name/s,
association, contact information if known- or physical
description if unknown)
Location of Assault:
Description of Incident:
Witness Details (if any):
ALL DETAILS AND ACTIONS IN THE LOWER SECTION OF THIS
FORM SHOULD BE UNDERTAKEN WITH THE CONSENT OF THE VICTIM/SURVIVOR
Victim /Survivor Details to be recorded only with the
consent of the victim/survivor(Name, address, telephone
no., student/staff member)
CHECKLIST FOR SUPPORT PERSON YES NO
Victim /survivor safe/secure (3)*
Medical attention (3)
Provide support choices (4)including specialised counselling
(6.1.3)
Discuss medical examination (5)
Discuss reporting to Police (5)
Continued safety assured (6.1.1 & 6.1.8) - University
Security/Police
Provide Information Pack (6.1.4.)
Contact family/friends (6.1.5)
Suitable accommodation (6.1.6)
Actions to minimise effect on study/employment (6.1.7)
*Notations are reference points in the University of
Wollongong,Sexual Assault Protocol
RECOMMENDATIONS
FOR IMPLEMENTATION:
1. It is recommended the protocol and existing policy
on sexual harassment be packaged together for promotional
purposes.
2. The Protocol and sexual harassment package be launched
in targeted areas in conjunction with guest speakers
who are expert in management of sexual assault.
3. In particular it is recommended that the package
be launched at the Halls of Residence in conjunction
with a guest speaker from Urunga House or another sexual
assault service.
4. It is recommended that all persons who have responsibilities
under the protocol be invited to hear expert speakers
in the field talk about issues of evidence and support
counselling for survivors of sexual assault.
5. It is recommended that a poster be developed to
accompany the launch which offers emergency information
to individuals who require it.
6. It is recommended that the pamphlets be positioned
around the campus in appropriate locations and be provided
to students upon introduction to the University and
to staff upon their induction.
7. It is recommended the EED Unit conduct workplace
awareness sessions based on the Knowledge Equals Personal
Security package.
|
