ABOUT SEXUAL VIOLENCE

Anyone can be a victim of “Sexual Violence”, including children, teenagers, people who are mentally and physically disabled, the elderly, women and men, regardless of race, sexual orientation or economic status. Sexual assault is a violent crime, not a sexual one.

“Sexual Violence” which may be used as an umbrella term that encompasses sexual assault can include several kinds of crimes: stranger rape, sexual harassment, child molestation, partner/ marital rape, date/acquaintance rape, indecent exposure, incest, stalking, exposure and voyeurism. Sexual assault also includes situations in which a person may be under the influence of any substance, unconscious, or has a disability and cannot consent to sexual
activity.

Survivors of sexual violence are forced, coerced and/or manipulated to participate in unwanted sexual activity. Survivors do not cause their assaults and are not to blame. Perpetrators are fully responsible for their actions. Perpetrators may be strangers, but more often are known to the survivor.  Usually the perpetrator is an acquaintance, partner, spouse, or other family member.

SEXUAL HARASSMENT

Under federal law, sexual harassment is not a defined criminal law, but is a violation of civil law (your civil rights) and can be cause for a civil lawsuit.

Sexual harassment is any unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or nonverbal conduct of a sexual nature that creates a hostile work or educational environment.

Like every other type of sexual violence, sexual harassment can happen to anyone regardless of gender, race, age, creed, or sexual orientation.

Sexual harassment is a civil, not criminal, violation. This means that the person guilty of sexual harassment may lose his/her job, be expelled from school, or have other consequences. Unless there are other criminal violations, this person will not go to jail.  If you are being sexually harassed, you can file a complaint with the Arizona Attorney General Civil Rights Division (520) 638-6500.

Sexual Abuse (Arizona Revised Statute 13-1404)

Class 3 felony if the victim is under 15; Class 5 felony if victim is 15-18.

A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.

Sexual Assault (Arizona Revised Statute 13-1406)

Class 2 felony

A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

Aggravated sentencing if the sexual assault involved the intentional or knowing administration of a “date rape drug”; if the sexual assault involved the intentional or knowing infliction of serious physical injury; if the person was at least eighteen years of age and the victim was twelve years of age or younger.

Sexual Assault Includes:

•  Sexual intercourse without consent means the penetration of the vulva, penis, or anus using anything.

•  Touching/fondling the penis, vagina, or breasts without consent

•  Being shown any of these body parts without consent

•  Oral sexual contact (with the vulva, penis, or anus) without consent - verbal threats, fear, or intimidation may be used to sexually assault someone.

Sexual Assault of a Spouse (Arizona Revised Statute 13-1406.01)

Class 6 felony; Class 2 felony for repeat offenses

Engaging in sexual intercourse or oral sexual contact with a spouse without consent of the spouse by the immediate or threatened use of force against the spouse or another (‘Spouse’ means person legally married and living together.)

Unfortunately, the law does not equally protect survivors of dating violence. That does not change the fact that dating violence causes terrible harm.

Being sexually assaulted by your partner is a form of domestic violence. (“Partner” may mean your husband, wife, boyfriend, or girlfriend).  Domestic violence also happens in same-sex relationships. Under Arizona law, spousal sexual assault occurs if there is the use of or direct threat of force. This is different from other sexual assault laws.

Whether or not you decide to stay with your partner, you might want to call a domestic violence hotline. Calling a domestic violence hotline can provide you with important information, support, and safety plans for you and your children.

CALL THE NATIONAL DOMESTIC VIOLENCE HOTLINE FOR SUPPORT & INFORMATION.

1-800-799-SAFE (7233)

24 HOURS/DAY, 7 DAYS/WK.

Stalking (Arizona Revised Statute 13-2923)

A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:

1.  Would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member and that person in fact fears for their safety or the safety of that person’s immediate family member.

2.  Would cause a reasonable person to fear death of that person or that person’s immediate family member and that person in fact fears death of that person or that person’s immediate family member.

Stalking behaviors can vary widely, some examples:

• Unwanted phone calls after you’ve asked someone to stop calling you.
• Following or spying on
• Sending unwanted letters or emails.
• Waiting at places for the victim.
• Leaving unwanted items, presents or flowers.
• Posting information or spreading rumors about the victim on the internet, in a public space or by word of mouth.

Individually these behaviors may not be criminal but repetitively these behaviors can cause you to fear for your and your families’ safety. If you are being stalked there are resources for you and safety tips (see “Safety Planning”).

Cyberstalking

Stalking may include the misuse of technology as a way to exert control over or monitor the survivor.  Technology may include household items, office equipment, and/or computer software. 

Some examples of cyberstalking include:

• Caller ID’s, cordless phones, cell phones/text messages, fax machines
• Wiretaps
• Global Positioning Systems (GPS)
• Wired or hidden cameras
• Computer monitoring software, keystroke logging hardware
• Email, instant messages, and other electronic communication
• Websites: credit and personal finance, social or discussion forums, chat rooms, message boards
• Online databases and information brokers

Stalking via the internet, email, or other telecommunication technology is a relatively new practice which has been termed cyberstalking. Although cyberstalking does not require physical access to the survivor, the deliberate and persistent intent of the perpetrator along with the terrifying impact on the survivor are consistent with any other form of stalking.  In some cases, cyberstalking has lead to physical harm to the survivor.

Documentation

In order to prosecute stalking cases, the survivor will need to build the case.  Documentation is key in proving stalking.  

• To document phone calls include the date, time, where the call was received (home, cellular, work, etc.), name and number listed on the caller ID, and a description of the call or any other relevant notations.
• Save phone messages and text messages.
• Save cellular phone bills that list phone numbers for all incoming calls and text messages.
• Do not answer or delete emails; instead save and print the emails.
• Save any documentation that can be used as proof of cyber-stalking.  This can include:

              o  Messages, emails, photographs.

              o  Receipts from the computer store when your computer was

                  inspected. Please ask the store to provide an itemized listof

                  any viruses and/or spyware that are removed.

              o  Any other documentation of accounts accessed without

                  your consent- this may include entries, documentation from

                  financial institutions, and police reports.

• Take photographs of all vandalism or unwanted gifts.
•  Always keep accurate records.
• Notify the police and file a report.

Child Sexual Abuse

Sexual Conduct with a Minor (Arizona Revised Statute 13-1405)

Class 2 felony if victim is under 15; Class 6 felony if the victim is 15-18

A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

Child Molestation (Arizona Revised Statute 13-1410)

Class 2 felony

A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age.

Facts about child sexual abuse…

• One in three girls and one in six boys will be sexually abused before the age of 18.
• Child sexual abuse occurs in all racial, ethnic, economic, and religious groups.
• Nearly 85% of molesters are someone the child knows, loves, or trusts - an authority figure.

Facts about the people who abuse children…

• There is no such thing as a “typical” child molester. Many molesters appear normal. They may be men or women who hold responsible positions within the community.
• Incest (abuse by a family member) is the most common type of child sexual abuse.
• Abusers will often use bribes, threats, affection, and/or manipulation, instead of physical force. These are common strategies used by people who sexually abuse children in order to stop them from reporting the abuse.
• Individuals who sexually abuse children make a choice to do so.   The blame for the abuse belongs only with the abuser, NEVER with the child.
• Most abusers are repeat offenders. Reporting an incident of child sexual abuse may help prevent other children from being victimized. If you know of or suspect the sexual abuse of a child, take immediate steps to stop the abuse and protect the child.

Exhibitionism is Sexual Abuse.

Exhibitionism is against the law - even though the abuser may not have actually touched the child. (For example: A child is forced to look at the abuser’s genitals or vice versa, or if the abuser forces the child to watch pornography).

What do you do?

Believe the child. Even if some or all of the details of the child’s report are not true, it is critical that you listen supportively. When a child reports sexual abuse, it is likely that the child has experienced some type of abuse.

Do not get angry at the child. The child may be changing some of the details in order to test your reaction and see if it is safe to tell you everything.

Report child abuse to the police by calling 911.  Reports can also be made to Child Protective Services (CPS) by calling: 1-888-SOS-CHILD

1.Respond to the child as calmly as possible.

2.Do not pressure the child for details.

3.Remove the child from contact with the suspected abuser.

4.Contact the police or CPS and report the abuse - this is your legal obligation (ARS 13-3620). Persons reporting suspected child abuse (sexual, physical, and neglect) in good faith are protected from civil actions.

5.Obtain therapy for the child as soon as possible, and for your self and other family members. The emotional trauma resulting from sexual abuse is often too intense for a child to handle without professional support.

LET THE CHILD KNOW:

She/he is not responsible for the abuse.

You are not angry with her/him.

She/he will not be punished (even if the child broke some rules!).

HOW YOU CAN HELP

Teach children about the private parts of their bodies. Explain that other adults should never show these parts of their bodies to children. Teach children who they can tell if someone touches them inappropriately. Teach children to tell a parent, teacher, or other trusted adult if someone is touching or trying to touch them in any way that makes them feel uncomfortable.

Teach children things they can say if people touch or try to touch them. (For example: “Don’t touch me!” “I don’t like that,” “No, I won’t touch you,” or “She/He is not my mother/father”).

Children can learn to protect themselves.

Teach children about “touching safety.” Explain which ways of being touched are not safe. When teaching children about safety issues (crossing streets, playground safety), include “touching safety.”

Many people think that talking about sexual assault with children will scare or upset them. Concrete information carefully explained can help rid children of nameless fears and empower them. If sexual assault is presented as a safety issue, it is no more
frightening than discussing playground safety.

Talk with your child every day about her/his activities, needs, and concerns.

Be careful when choosing a childcare provider and/or babysitter.  Interview several people/agencies; be sure to request and verify references.  Make sure you have the right to “drop in” and visit your child’s day care program at any time.  Be sure you know the people who ‘hang out’ with your child.  Have children attend a sexual abuse awareness and prevention class. Contact the Southern Arizona Center Against Sexual Assault (The Center) for details.

INDICATORS OF ABUSE

A sudden change in a child’s behavior or personality is often a sign that something is wrong. Listed below are some of the more common signs of sexual abuse that may occur within a certain age range. The behaviors in these lists do not mean that sexual abuse is definitely occurring or has occurred.  Keep in mind that changes in a child’s surroundings or significant events can also affect his/her behavior.

INFANTS AND TODDLERS

  •  unusually quiet; lacks curiosity

  •  redness/soreness in genital area

  •  uneasy during diapering or bathing

  •  ‘acts out’ intercourse or oral sex

ELEMENTARY AGE

  •  regressive behavior (bed-wetting, thumb sucking, ‘baby talk’)

  •  aggression toward other children or small animals

  •  has chronic, yet minor, physical complaints

  •  has a sexually transmitted disease or infection

  •  avoids the suspected abuser

  •  uses sexually explicit language or behavior inappropriate for the  

     child’s age, culture, or living situation

TEENAGERS

  •  extreme isolation; withdrawal from friends

  •  has a sexually transmitted disease or infection

  •  decrease in personal hygiene and/or appearance

  •  depressed; has suicidal thoughts/behavior

  •  becomes sexually promiscuous

  •  eating disorders

  •  substance abuse

  •  loss of interest in school

  •  extreme moodiness

  •  outbursts of anger/rage

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