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SEXUAL ASSAULT

SUB-CATEGORIES:

  • What is Sexual Assault?
  • Legal Definitions
  • SANE/SART
  • What to do if you are sexually assaulted
  • How to help someone who has been sexually assaulted
  • Statistics

WHAT IS SEXUAL ASSAULT?

Sexual assault is a broad term referring to crimes of violence that involve a sexual component.  Perpetrators use this type of violence to injure, control, dominated, and humiliate their victims. Sexual assault includes but is not limited to the following crimes:

  • Rape
  • Sodomy
  • Sexual Battery
  • Indecent Liberties with a child
  • Incest
  • Sexual Exploitation
  • Lewd and Lascivious Behavior

FACTS ABOUT SEXUAL ASSAULT

You have been raped when you have been forced to have sex against your will. It is not based on whether or not you chose to fight back.  Everyone is a potential victim. Rapists choose their victims without regard to age, socioeconomic status, physical appearance, race, reputation or gender.  Most rapes occur at home. They can also occur at a friends' house, at school, at the gym, in a car…anywhere. And it can happen to girls, boys, women, men, old, young…even to you or those you care about.  Sexual assault can happen between friends, dates, strangers, with people you know a little or a lot; people that you trust, relatives…anyone. Frequently, the rapist is an acquaintance or family member.

LEGAL DEFINITIONS -  according to KSA 21-3501

Sexual Intercourse
Any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. Sexual intercourse does not include penetration of the female sex organ by a finger or object in the course of the performance of:
a) generally recognized health practices; or
b) a body cavity search conducted in accordance with KSA 22-2520 through 22-2524, and amendments thereto.

Sodomy
Oral contact or oral penetration of the female genitalia or oral contact of the male genitalia; anal penetration, however slight, of a male or female by any body part or object; or oral or anal copulation or sexual intercourse between a person and an animal. Sodomy does not include penetration of the anal opening by a finger or object in the course of performance of:
a) generally recognized health practices; or
b) a body cavity search conducted in accordance with KSA 22-2520 through 22-2524, and amendments thereto.

Rape (KSA 21-3502) 

1) Sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following circumstances:
   a) When the victim is overcome by force or fear
   b) When the victim is unconscious or physically powerless; or
   c) When the victim is incapable of giving consent because the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known to the offender or reasonably apparent to the offender.
2) sexual intercourse with a child under 14 years of age;
3) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was medically or therapeutically necessary procedure.
4) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the intercourse was a legally required procedure within the scope of the offender's authority.

(It shall be a defense to a prosecution or rape under (a) (2) that a child was married to the accused at the time of defense.) Rape, as described under (a) (1) or (2) is a severity level 1, person felony. Rape as described under (a) (3) or (4) is a severity level 2, person felony.

Indecent Liberties With A Child (KSA 21-3503)

a) Indecent liberties with a child is engaging in any of the following acts with a child 14 or more years of age but less than 16 years of age:
   1) And lewd fondling or touching of the person of either the child or the offender done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
   2) Soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender, or another.

Indecent Liberties with a child is a severity level 5, person felony.

Aggravated Indecent Liberties with a Child (KSA 21-3504)

a) Aggravated indecent liberties with a child is:
  1) Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age.
  2) Engaging in any of the following acts with a child who is 14 or more bet less than 16 years of age and who does consent thereto:
     a) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or satisfy the sexual desires of either the child or the offender, or both: or
     b) Causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or
  3) Engaging in any of the following acts with a child who is under 14 years of age:
     a) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
     b) Soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender, or another.

Aggravated Indecent Liberties with a Child under (a) (1) and (a)(3) is a severity level 3, person felony. Aggravated Indecent Liberties with a child under (a)(2) is a severity level 4, person felony.

Criminal Sodomy  (KSA 21-3505)

1) Sodomy between persons who are 16 or more years of age and members of the same sex oar between a person and an animal;
2) Sodomy with a child who is 14 or more years of age but less than 16 years of age; or
3) Causing a child 14 or more years of age but less than 16 years of age to engage in sodomy with any person or animal.

Criminal Sodomy under (a)(1) is a class B non-person misdemeanor. Criminal Sodomy under (a)(2) and (a)(3) is a severity level 3, person felony.

Aggravated Criminal Sodomy (KSA 21-3506):

a) Aggravated criminal sodomy is:
  1) sodomy with a child who is under 14 years of age;
  2) causing a child under 14 years of age to engage in sodomy with any person or an animal; or
  3) sodomy with a person who does not consent to the sodomy or causing a person, without the person's consent, to engage in sodomy with any person or an animal, under any of the following circumstances:

     A) When a victim is overcome by force or fear
     B) When the victim is unconscious or physically powerless; or
     C) When the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known to the offender or was reasonably apparent to the offender.

Aggravated Criminal Sodomy is a severity level 2, person felony.

Sexual Battery  (KSA 21-3517)

(a) Sexual battery is the intentional touching of the person of another who is 16 or more years of age, who is not the spouse of the offender and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.

Sexual Battery is Class A person misdemeanor.

Aggravated Sexual Battery  (KSA 21-3518)

a) Aggravated Sexual Battery is the intentional touching of the person of another who is 16 or more years of age and who does not consent hereto, with the intent to arouse or satisfy the sexual desires of the offender or another under any of the following circumstances:
   1) When a victim is overcome by force or fear
   2) When the victim is unconscious or physically powerless; or
   3) When the victim is incapable of giving consent because of mental deficiency or disease, or when the when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known to the offender or was reasonably apparent to the offender.

Aggravated sexual battery is a severity level 5, person felony.

SANE/SART

Who is SANE?
A Sexual Assault Nurse Examiner (SANE) is a Registered Nurse who has been specially trained to provide comprehensive care to sexual assault patients and demonstrates competency in conducting a forensic exam (and demonstrates the expertise for effective courtroom testimony). 

What is SART?
The Sexual Assault Response Team (SART) is a community-based coordinated response to child and adult victims of sexual assault. The team is comprised of SANE's,  sexual assault victim advocates, law enforcement, prosecutors, judicial members, and any other professionals with a vested interest in assisting victims of sexual assault.

How does SANE/SART HELP a victim?
Victims are provide with compassionate, non-judgemental services by individuals who have the knowledge, experience and advanced education key to assisting victims.  Collaborative efforts by each team member assist in reducing the risk of additional trauma to the victim.  Exams are performed by a nurse examiner who is educated and experienced in the procedure.  Evidence is collected more efficiently and consistently to aid in future prosecution.  A support structure for the vicitm is provided and follow-up is readily available.

Statistics:

  • In 2004 95 exams were completed by SANE in Salina and surrounding counties.
  • In 2005 91 exams were completed by SANE in Salina and surrounding counties.
  • In 2006 138 exams were completed by SANE in Salina and surrounding counties.

For more information on SANE/SART education, please contact:
Karen Groot,RN and Susan Reinert, RN
SANE/SART Co-coordinators
Salina Regional Health Center
Santa Fe Campus
400 S. Santa Fe
Salina, KS  67401
(785) 452-7095
fax (785) 452-7282
kgroot@srhc.com/sreinert@srhc.com
 

WHAT TO DO IF YOU ARE SEXUALLY ASSAULTED

  • Get help/support immediately.  Call the police, DVACK, doctor, friend, relative
  • Do not wash, douche, change clothes or clean up in any way until after talking to the police and going to the hospital(this effects the possibility of evidence being collected).
  • Remember you are the victim.  You have nothing to feel guilty or ashamed about

HOW TO HELP SOMEONE WHO HAS BEEN SEXUALLY ASSAULTED

  • Sexual assault robs the victim of his/her sense of control. Help the victim regain control. Allow the victim to make his/her own decisions about reporting, talking to family or friends, etc….
  • For many people close to someone who's been assaulted, the initial reaction is intense anger and strong desire to seek revenge against the attacker. This is normal and understandable. However, the victim needs you to be calm and to have reasonable judgment.
  • Do not contact the attacker, even if you know the person. This could cause legal difficulties for the prosecution of the crime.
  • Do not make threats against the attacker. Your anger will take away from the needs of the victim. Your anger may also make the victim feel like he/she cannot talk to you about the attack because you will become angry.
  • Under no circumstances should you judge or accuse a victim. It is never the victim's fault.
  • Remind the victim that he/she is not responsible for being raped. Do NOT ask questions like, "Why didn't you fight back?" or "Why did you go into the room with him/her?"
  • Never suggest that the victim may have enjoyed the experience. Do not accuse male victims of being homosexual. Never equate the rape with promiscuity.
  • Be a patient and approachable listener. Don't get angry if the victim does not want to talk to you about it. Be available when he/she is ready to talk about it.
  • Suggest counseling. A counselor can help the victim work through issues he/she may be having trouble with.

Adapted from "If She is Raped," by McEvoy and Brookings. Published by Learning Publications, Holmes Beach, FL, 1991.

STATISTICS (Kansas Statistics in 2004)

  • One rape occurs every 7 hours, 37 minutes, 31 seconds
  • 1, 153 rapes reported to LEO.
  • 70% to 80% of these the offender knew the victim
  • Nearly 70% of rapes occurred in homes
  • There are approximately 109 rapes committed in Kansas every week, but only 22 of those rapes are reported-which means 1 in 5 are reported.

Statistics provided by KBI




 

PO Box 1854  |  Salina, KS 67402-1854  |  (785) 827-5862 or (800) 874-1499  |  fax: (785) 827-2410

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