3.7: G. Resources and Legal Issues

Sexual assault is a crime, and a victim is protected under the law. The North Dakota Century Code addresses sexual assault. Please refer to Attachment L for the statutes. If convicted of sexual crimes, the offender must register as a sex offender for up to 10 years. If you are curious as to the presence of sex offenders in your area, you may call your local police department and request the addresses of such offenders who have registered or you may look at the database online. There are additional statutes covering related crimes such as indecent exposure, corruption of a minor, incest, and surreptitious intrusion (window peeping).

The North Dakota Crime Victims Compensation Fund may be able to assist with medical costs. To qualify, the victim must report the rape to the police within 72 hours, cooperate with law enforcement in their investigation and file an application within a year of the crime. The fund is a secondary source that pays for what the victim's primary insurance does not. Survivors of sexual assault are encouraged to call 1‑800‑472‑2911, which is available 24 hours, seven days a week. They may also contact a local crime victim witness program.

Ask students if they would know their rights as an offender. See how many they can list and ask them how they know these rights (typically they heard them on television). Then ask them if they would know their rights as a victim and compare to the list below. Discuss why these rights are not as readily portrayed in the popular media.

Victim rights vary somewhat from state to state, but typically sexual assault victims have the right to:

• Live without violence.
• Report the attack to a law enforcement agency and expect that action will be taken to apprehend and convict the offender in a timely, respectful manner.
• Be informed of the nearest crime victim assistance program or resource.
• File a civil suit against the attacker.
• Request that law enforcement withhold their identity from the public.
• Be notified of their rights, any proposed plea agreement, final disposition of the criminal case, and the offenders release or escape.
• Protection from HIV by requesting that a convicted sex offender be tested.
• Request a speedy trial.
• Submit a Victim’s Impact Statement at sentencing.
• Restitution as discussed above.

If the sexual assault occurs on a college campus, the victim may report the crime to campus police. The victim will file a report and the campus police will investigate. The Campus Security Act of 1990, amended in 1998, requires institutions of higher education to distribute to all current students and employees, and applicants for enrollment or employment, two types of information: (1) Descriptions of policies related to campus security, and (2) Statistics concerning specific types of crimes. Amendments enacted in 1998 were renamed Title 11 and are now known as the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act." The amendments require the disclosure of crimes that are reported to police and campus officials other than police, along with a breakdown of locations of criminal activity to be specified as on‑campus, non‑campus, residence hall or public property (University of Arkansas).

Each campus may have a different method for handling accusations of sexual assault or violence on campus. For example, at the University of North Dakota in Grand Forks, offenders may be subject to appropriate adjudication processes, disciplinary action, and/or criminal proceedings.

At the University of North Dakota, a victim may file a complaint on campus and/or a criminal complaint with law enforcement. The victim does not need to file a police report in order to file an administrative complaint through the Student Affairs and Diversity Office and is entitled to campus counseling services, support from Student Health, the University Community Violence Intervention Center Advocate, Affirmative Action, and other resources in the community. The individual accused is also entitled to support and counseling. The University Code of Student Life outlines procedures for on‑campus adjudication (University of North Dakota Sexual Assault Policy).

Group Exercise: Have students obtain procedures for filing a sexual assault complaint on campus. Many schools have their crime statistics on the Internet. Have them compare statistics. (It is remarkable how many campuses report zero or few sexual assaults. What does this suggest?) How hard was it to obtain this information? Have another group of students obtain the most recent year's statistics on sexual assault on campus. How hard was it for them to obtain these numbers? What do the numbers seem to suggest? Are they reflective of what they have "heard"? How aware were they of this information before this assignment? This assignment should provide a wonderful opportunity to discuss the expression, "numbers don't lie," and how this relates to research.