UCI Campus Assault Resources and Education (CARE)

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There are many reasons why reporting a sexual assault is a difficult decision. Know that you have many options and the decision is always up to you.

Outline of Reporting Options:

1. There is support: you can speak to someone at any time from Campus Assault Resources and Education (CARE). They can answer any questions you have and/or discuss your rights and options. CARE’s services are free and can be both confidential and anonymous.

2. Talking to your doctor about the assault: If you disclose that you have been sexually assaulted and/or if you answer questions in a way that implies sexual assault (i.e. “I don’t remember what happened,” or “I was too drunk.”) the medical professional is required to contact the police department.

This means:

The police must be called either while you are there or shortly after.
The incident must be documented including your name, your location, and the perpetrator’s name, if known.
It does NOT require a formal police investigation and/or you to talk to the police

3. You have a CHOICE about what to disclose: You may receive a medical exam to check for injuries and STD’s without disclosing an assault. This will avoid all police contact or involvement.

4. If you choose not to disclose the assault to your doctor: To receive medical treatment, without disclosure, tell your examiner that you would like: “A regular gynecologist exam with full STD screening”

*You DO NOT have to answer any of the specific questions that would lead to reporting (under number 2)

*You can file a report at a later date, as long as it is still within the current statute of limitations. However, delaying the reporting process can significantly weaken the case and impact the outcome.

*Be aware that receiving a medical exam by the Student Health Center may destroy evidence that would help in a criminal case, should you later choose to file.

5. If you choose to disclose the assault to your doctor: There are many different types of reports that you can choose to file including, but not limited to:

Mandated student health center report – documentation that the incident occurred
Formal police report – where you speak to the police and a formal report is filed and a criminal investigation occurs
Judicial Affairs report – if the perpetrator is a current UCI student, a report/campus hearing can take place through the UCI Judicial Affairs office. If the individual is found responsible, suspension/expulsion could occur

6. If you choose to have the mandated student health center report:

The mandated report only requires that the police be contacted and the incident be documented. It does not require a formal investigation and/or for you to speak to the police.
You may choose whether you want to speak to the police, or whether you want the health practitioner to report it
If you choose NOT to speak to the police, you may sign a waiver indicating that you are intentionally declining to speak to the police and/or file a formal report at this time.
The documentation of the incident will not be further investigated, but will remain in a closed confidential file in the police department.
You may change your mind at any time (as long as it is still within the current statute of limitations).

7. If you choose to make a formal police report today:

An officer from the UCI Police Department will come over and ask questions about the incident and inform you on the investigation process that is to follow

You have a right to have an advocate present with you while you talk to the police. An advocate can be someone you feel safe with (family, friend, etc.) or can be someone from Campus Assault Resources and Education (CARE).

*If you have any questions about the reporting process, please contact UCI Campus Assault Resources and Education (949) 824-7273 or go to UCIPD CARE’s

Your Decision to Report the Crime:

Sexual assault of any kind is a serious crime. Rape and many other types of sexual assault (such as using drugs or alcohol to impair the victim) are considered felony crimes. Yet, most sexual assaults are not reported to the police and many sexual offenders will rape again. Although this might be a factor in your decision about reporting the assault, it may not be your only consideration.

The decision to make a police report can be one of the most difficult decisions you will make after the rape. Uncertainty about reporting the rape is common among survivors, especially if you know the offender. If the offender is your spouse or partner, you might feel pressure not to report the crime because of your relationship. This can also be true for victims who are raped by an acquaintance, a “friend” or a co-worker. You might wonder if reporting the sexual assault will cause problems in your relationships. You could be afraid of what might happen if you report the rape. You may be worried about the trial or the publicity of a court case, or you might wonder if reporting the sexual assault will cause problems in your relationships. You may be worried about the trial or the publicity of a court case, or you might be afraid of what others will say. There are many reasons why reporting a sexual assault is a difficult decision.

If you do choose to report the rape, you will be thought of as a witness to the crime and you will probably have to testify in the case if it goes to court. Some victims find this process helpful in their recovery, especially if the rapist is found guilty. However, there is the possibility that your offender will not be arrested or go to trial.

The criminal justice process begins when you file a police report. The police will investigate the crime and present the case to the prosecutor. It is the prosecutor’s decision if the case goes to trial. If the crime occurred on campus, the university police will likely have jurisdiction. Crimes off campus, even in fraternities or sororities, are handled by the local police department. You can also report the offense to the University for non-criminal action.

This information was borrowed from “Coping with Sexual Assault: A Guide to Healing, Resolution, and Recovery.” (TS Nelson Publications, tsnelson.com)

Why should I report?

Making a police report can benefit you greatly, as well as help prevent others from being raped.

Reporting the assault is a way to regain your sense of personal power and control. It enables you to do something about the violent crime that was committed against you. Reporting also helps to ensure that you receive the most immediate and comprehensive professional assistance that is available. The police will assist you in getting specialized medical care, gathering and preserving evidence, and resolving concerns about your personal safety and security.

Reporting and prosecuting the assailant are essential to the prevention of rape and the protection of other potential victims. Most rapists are repeat offenders. If a rape is not reported, the assailant cannot be apprehended. Thus the risk to others is increased.

Questions about reporting or legal process?

UCIPD CAREs is a resource for students, staff, and faculty to gather knowledge about helping themselves or their loved ones.

For more information, dates and times, or to submit an anonymous online question, please go to UCIPD CAREs

Legal Resources and Advocacy

UCI Student Judicial Affairs ……………….(949) 824-5181

Provides information about filing a criminal complaint or pursuing a complaint through the campus disciplinary process
Provides resource information

Law Enforcement

UC Irvine Police Department...….911 or (949) 824-5223

Will take a report from the student if the incident occurred on campus property, or will refer to the appropriate law enforcement center
Will transport victims to hospital for a medical examination

*Note: If the incident occurred in a city other than Irvine, it is best to contact the law enforcement agency in the city where the incident occurred.

Civil

The student has the right to contact a lawyer to pursue civil prosecution of a sexual assault case.

Advocacy

CARE provides advocacy for survivors of assault or intimate partner violence. Services may include: answering questions, providing resources and information about rights and options, and legal or medical accompaniment.

Contact Info:
Mandy Mount, Ph.D.
Director, Campus Assault Resources and Education
Office of AVC-Counseling and Health Services
202 Student Services I, Room 208
Phone: 949-824-7273

What are my rights as a victim of crime?

1. If you have been assaulted you have the right to have a rape crisis advocate at any medical examination or legal proceeding related to the crime, including any meetings with law enforcement officers.

2. If you are at the hospital or with the police and an advocate hasn’t been called, you have the right to ask for one.

3. You also have the right to an advocate to be there for support whenever you meet with a prosecutor (county attorney) or go to court.

4. You have the right to: a free medical examination (Sexual Assault Evidence Exam), paid for by the State of California

5. You have the right to confidentiality from the media, the media cannot release your name in any circumstance, however your assailant is not protected by this right.

6. You have the right to apply for financial assistance from the Crime Victim Compensation Program

7. Most importantly, you have the right to know that by being a survivor of rape it is common to experience both short term and long term psychological effects. You must know that you are not alone, that you will get through this difficult time in your life, and that there are people who can help you through the healing process.