- Sexual Assault Definitions
- Loyola’s Sexual Assault Definition
- What to do if you have been Sexually Assaulted
- Campus Safety's Response
- What to Expect from a Legal Perspective
- Why you Should Report Sexual Assaults
- Anonymous Reporting
- Other Sex Related Crimes
Sexual Assault Definitions
Sexual Assault, is defined by Illinois Criminal Code to be;
(720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
Sec. 12-13. Criminal Sexual Assault.
(a) The accused commits criminal sexual assault if he or she:
(1) commits an act of sexual penetration by the use of force or threat of force;
(2) commits an act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent;
(3) commits an act of sexual penetration with a victim who was under 18 years of age when the act was committed and the accused was a family member;
(4) commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.
Simply speaking, Sexual Assault is sexual penetration or contact through the use or threat of force, no matter how slight, or if the victim was unable to give consent. This can include but not be limited to; cunnilingus, fellatio and anal penetration.
Loyola’s Sexual Assault Definition
Non-Consensual Sexual Penetration
Non-consensual sexual penetration (commonly known as “rape or “sexual assault”) is defined as any sexual penetration (anal, oral, or vaginal, including any contact between mouth and genitals) however slight, using any body part or object, by a person or upon another person regardless of sex or gender identity without consent.
Non-Consensual Sexual Contact
Non-consensual sexual contact (also a form of sexual assault) is defined as any intentional sexual contact, however slight, using any body part or object by a person upon another person, regardless of sex or gender identity, without consent. Sexual contact includes intentional contact by any body part or object with the breasts, buttocks, groin, or genitals; or making another individual touch you or themselves on the breasts, buttocks, groin, or genitals using any body part or object. Sexual contact may also include other intentional bodily contact that is done in a sexual manner.
Non-consensual activity includes situations where consent cannot be given because the victim is incapacitated due to alcohol or drug consumption or is unconscious.
Someone who is incapacitated cannot legally give consent to sex and therefore, sex with someone who is incapacitated is sexual assault. Please refer to the "Gender-Based Misconduct and Title IX" section of the Community Standards for definitions of consent and incapacitation.
What to do if you have been sexually assaulted
- The sexual assault was not your fault.
- No one deserves to be sexually assaulted.
- You are not alone.
- Support is available on campus and off-campus
Things to consider if the assault occurred recently:
- Get to a safe place as soon as you can.
- Seek medical attention. It is important to seek immediate and follow-up medical attention in an emergency room for several reasons:
- To assess and treat any physical injuries you may have sustained.
- To determine the risk of sexually transmitted infections or pregnancy and take appropriate medical measures.
- If you choose, you may have evidence collected to aid criminal prosecution if you later decide to file a criminal complaint. By law, Emergency Room staff must contact the police when they treat sexual assault survivors. The police will ask you to file a report, but you do not have to talk to the police or file a report if you do not want to.
- Consider reporting the assault. You may report the assault to the University or local police. Going to the hospital to seek medical attention does not obligate you to report the crime. The decision to report is very personal and one only you can make.
- Try to preserve physical evidence. It is best for any physical evidence to be collected immediately, ideally within the first 24 hours. However, evidence can be collected up to one week after an assault. Avoiding certain activities prior to an exam can help preserve evidence. Not bathing, changing clothes, combing hair, or going to the bathroom are among these. Note that it is natural to want to go through these motions after a trauma. If you have done any of these activities, you can still have an exam performed and evidence may still be preserved. You may want to bring a spare change of clothes with you to the hospital. If you have already changed clothes, you may want to bring the clothes you were wearing in a paper bag with you to the hospital.
Things to consider if the assault occurred some time ago:
Remember that you do not have to go through this alone. The Wellness Center can help with:
- Medical examination. You can be examined for injury, sexually transmitted infections, and pregnancy.
- Counseling. You can talk with a Wellness Center counselor or receive referrals to local resources.
- Discussing your options. Call 773-494-3810 to speak with a confidential trained sexual assault advocate.
Campus Safety's Response
If you contact Campus Safety to report a sexual assault an officer will be dispatched to your location. Campus Safety Officers have received training on how to handle sexual assault cases in a way that accommodates the victim in every way. When an officer arrives they will ask if you want medical assistance. From there they will ask you very basic questions about the assault. They will ask you if you want to sign complaints. Signing a complaint is what is commonly referred to as "pressing charges." Signing a complaint means that you want the case to be investigated by the Police.
If you agree to sign a complaint, the Chicago Police Department will be contacted and an officer will respond to take a report.
Campus Safety’s role is to ensure that you have someone with you that understands the legal process and is able to help you better understand what to expect from a legal perspective.
What to Expect from a Legal Perspective
If you have been raped and you decide to report it by calling Campus Safety, an officer will respond. If you request to make a police report, the Chicago Police will respond to take a report. (Note: if you go the hospital, the hospital is required by law to call the Police. You do NOT have to talk to them, but the hospital is required to contact the police and inform them of the assault).
If you choose to speak to the Chicago Police officer, they will give you a report number to be used as reference. Within days of reporting a sexual assault, a Detective from the Chicago Police Department will contact you to ask you follow-up questions. These questions are designed to help either identify the offender, or, obtain the necessary information or evidence to arrest an offender.
If an arrest is made there is a very good chance that you will have to appear in court to possibly testify against the offender. This can be an incredibly stressful and emotional experience but there are many resources in place for people to help you cope with the pressure and make it as easy on you as possible.
Why you should report sexual assaults
Gender-based violence of any kind is unacceptable at Loyola. Students found responsible for violating Loyola's Community Standards will be held accountable.
If you've experienced sexual assault, dating/domestic violence, or stalking and you would like to take legal or disciplinary action, you have options. You can take legal action, disciplinary action, both or neither. Note that if you have witnessed or are otherwise aware of an incident of sexual assault, dating/domestic violence, or stalking, you can also file a report with the police or the University. If you have any questions or concerns about your options, please consider reaching out to a confidential trained Loyola sexual assault advocate at 773-494-3810.
For emergencies, please call 911 or 44-911 from an on-campus phone or Campus Safety at 773-508-6039.
Campus Safety accepts anonymous reporting for all crimes that occur on campus including sexual assault. Please understand that by reporting the incident anonymously there is very little that can be done from a law enforcement perspective other than to have statistics that better represent sexual assaults on campus.
Other Sex Related Crimes
Criminal Sexual Abuse.
(a) The accused commits criminal sexual abuse if he or she:
(1) commits an act of sexual conduct by the use of force or threat of force; or
(2) commits an act of sexual conduct and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent.
(b) The accused commits criminal sexual abuse if the accused was under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed.
(c) The accused commits criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim.
(d) Sentence. Criminal sexual abuse for a violation of subsection (b) or (c) of this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (1) or (2) of subsection (a) of this Section is a Class 4 felony. A second or subsequent conviction for a violation of subsection (a) of this Section is a Class 2 felony. For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.
(e) "Sexual conduct" means any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
Indecent Exposure/Public Indecency
A. Any person of the age of seventeen (17) years and upwards who performs the following act in
a public place commits a public indecency:
1. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of
B. "Public place", for purposes of this Section, means any place where the conduct is or may
reasonably be expected to be viewed by others.