What is Sexual Assault?
Sexual assault is any unwanted, non-consensual sexual act in which a person is threatened, coerced or forced to comply against their will, or when a person is unable to give consent because they are a minor, unconscious, asleep or incapacitated due to drugs or alcohol.
A perpetrator of sexual assault may be known or unknown to the victim. He or she could be a date, partner, spouse, acquaintance, family member or stranger.
What is Affirmative Consent?
In California, “affirmative consent” is defined as positive cooperation. Consent must be freely and voluntarily given, and participants must have knowledge and understanding of the act.
Consent cannot be given when force, threat of force, coercion or fraud is used to
Consent cannot be given when someone
- is incapacitated due to alcohol or other drug use
- is asleep or unconscious
- is under the legal age of consent (18 years old in California)
- has limited mental capacity due to a disability or mental illness
Consent can also be revoked, even in the middle of a sex act. If an individual physically or verbally communicates to the other participant that she or he doesn't wish to continue the sexual act or encounter, the other person must immediately stop. If that pperson does not stop when asked, any sex act after consent has been revoked is considered assault.
The Sexual Harassment and Sexual Assault Policy adopted by the Foothill-De Anza Community College District requires consent to be affirmative, unambiguous and continuous.
What Should I Do if I’m a Victim of Sexual Assault?
The first thing you should know is that sexual assault is NEVER the victim’s fault.
Your safety is most important. Please make sure you are in a safe place.
If you have any injuries that need medical attention, you may choose to go to the hospital or the Student Health Center if the assault occurred on campus. The Student Health Center may refer you to obtain testing for sexually transmitted infections and emergency contraception.
Options for Evidentiary Exam within 72 Hours
If the sexual assault happened within 72 hours, you may choose to have an evidentiary exam in order to collect evidence of the assault.
Usually, law enforcement approves the exam for evidentiary purposes. However, if you are not sure you want to report the assault to the police, you may be eligible for an exam as specified by the Violence Against Women Act of 1994 (VAWA).
A VAWA exam may allow you to obtain evidence while it’s still possible to do so, and give you some time to think about reporting the crime.
Note: The De Anza College and Foothill College Health Centers do not conduct evidentiary exams.
The Santa Clara Valley Medical Center Sexual Assault Response Team (SART) in San Jose provides these exams. The SART provides medical and forensic response to victims of sexual assault who come into the center's Emergency Department, 24 hours a day. There are approximately 20 specially trained registered nurses who serve as SART Nurse Examiners.
For more information about the evidentiary exam process and purpose, please contact the Santa Clara Valley Medical Center SART coordinator at 408.885.6466.