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Rape and Indecent Assault and Battery

Rape Defined
If a Rape Occurs
HUPD Response
Getting Help
Options for Further Action
Disciplinary Procedures
Privacy Concerns
Resources for Advice and Counseling
Harvard Resources
External Resources

Rape Defined
According to Massachusetts General Laws, Chapter 265, Section 22, rape is defined as follows:

Having sexual intercourse or unnatural sexual intercourse with a person and compelling such person to submit by force and against his/her will, or compelling such person to submit by threat of bodily injury punishable by imprisonment in a state prison up to 20 years.

Rape may occur between people who know each other and between people who have previously had consensual sexual relations. Under Massachusetts law, both men and women may be the victims or the perpetrators of rape. If a perpetrator intentionally has physical contact of a sexual nature with the victim without the victim's consent, the perpetrator can be charged with the crime of indecent assault and battery. Such contact may include touching a woman's breasts or buttocks, or the pubic area of a man or woman. Indecent assault and battery is a felony that may be punishable by up to five years imprisonment.

If you are uncertain whether a situation constitutes a rape or indecent assault and battery, please consult with either the HUPD, Office of Sexual Assault Prevention and Response (OSAPR), University Health Services (UHS), your resident Dean, a designated Sexual Assault/Sexual Harassment (SASH) Advisor, or other helping resources to get support and information, and to determine if a crime has been committed.

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If a Rape Occurs
Massachusetts General Laws and University policy seek to protect victims of rape, indecent assault and battery, and other sex offenses, and they encourage the reporting of such crimes to responsible University officials. These officials include the HUPD, OSAPR counselors, UHS counselors, SASH advisors, your resident Dean, Senior Tutor, human resources staff, or any other University counselor.

If you have been the victim of a rape or an indecent assault and battery, the HUPD strongly recommends one of the following options (information about other on- and off-campus options appears later in this section):

• Call the HUPD at (49) 5-1212 or (43) 2-1212 (Longwood Campus) to report the incident. HUPD can arrange for an officer to transport you to UHS, whether or not you decide to file a police report. You may call and request transportation to UHS without divulging that you have been raped or sexually assaulted. Simply request a medical transport to UHS and an officer will respond.
• Call the Office of Sexual Assault Prevention and Response at (49) 5-9100. OSAPR provides 24-hour-a-day, confidential support and information to student survivors of sexual violence over the phone or in person. The OSAPR staff is trained to provide options, listen supportively, and provide referrals to services on campus and off-campus.
• Seek medical assistance weekdays at UHS, Holyoke Center, (49) 5-2138, or evenings and weekends at UHS/After Hours Urgent Care, Holyoke Center, (49) 5-5711.
• Seek counseling assistance weekdays at UHS Urgent Care, Holyoke Center, (49) 5-5711, or evenings and weekends at UHS/After Hours Urgent Care, Holyoke Center, (49) 5-5711.

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HUPD Response
You can expect the following to occur when you notify the HUPD:

• Your identity will be maintained in confidence. Although community advisories about the incident may be circulated in cases that present a serious public safety risk, every effort will be made to maintain confidentiality and to respect the legitimate privacy concerns of all involved individuals.
• A uniformed or non-uniformed officer, by request, will respond to your location to assist you in obtaining medical treatment, assure your safety, and obtain a description of the suspect.
• He or she will ask you for the location and time of the rape, a description of the rapist, and a description of any injuries
• The HUPD’s Sensitive Crime Unit, which includes detectives from the Criminal Investigation Division and selected patrol officers, will be assigned to the case. All members of the Unit have been trained extensively in the investigation of sexual offenses and the impact of the crime on the victim. They will approach each case in a sensitive manner.
• The police will request a medical examination at the Beth Israel Deaconess Medical Center Rape Crisis Intervention Program to ensure that you have suffered no physical injury and to complete a medical report that can be used in a court proceeding if charges are pressed.
• You will be interviewed (you may specifically request a female officer). A friend or counselor may be with you during the interview. All statements you make may be used during any subsequent legal proceedings.

It is important to preserve any physical evidence that may be necessary to prove that a rape occurred. Both the HUPD and UHS can advise and assist you in the preservation of such evidence. At a minimum, don’t bathe, douche, or change your clothes. After a rape or indecent assault and battery, try to write down everything you can remember about the perpetrator, including a physical description, the use of force or threats, and any information you remember concerning the assailant’s identity. When you report a rape or indecent assault and battery to the police, you will be provided with immediate physical protection and transportation to a medical facility. You are not making a commitment to file charges or to testify in court. If you wish to report a rape or indecent assault and battery anonymously, you may contact the Sensitive Crime Unit at (49) 5-1796, relay information to the HUPD via a UHS counselor, or report the incident in writing to the Chief of Police at 1033 Massachusetts Avenue, Sixth Floor.

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Getting Help
Students will find their resident Deans, the College Dean’s office, the Office of Sexual Assault Prevention and Response (OSAPR), or the offices of student affairs in other schools helpful and supportive. These offices will provide assistance in changing academic and living arrangements in response to the incident if appropriate. You are strongly encouraged to report instances of rape or indecent assault and battery to these or other University officials. The Office of Sexual Assault Prevention and Response and schools within the University offer a variety of written materials, workshops, and other activities to promote awareness of the seriousness of sexual offenses, including rape, acquaintance rape, and indecent assault and battery. For more information on OSAPR and the resources offered please call (49) 5 – 9100 or visit http://www.fas.harvard.edu/~osapr/.

"The Office of Sexual Assault Prevention and Response was established in 2003 to provide confidential support, information, and resource referrals to Harvard students who are survivors of sexual violence. We are committed to supporting and empowering survivors of violence. We believe in preventing violence through education, personal and collective accountability, and social change. You can call us, 24 hours a day (617-495-9100), for information and resources. We are trained to listen and help, confidentially. Students are welcome also to email us (osapr@fas.harvard.edu), or stop by our office at Holyoke Center 340 from 9am - 5pm, Monday through Friday to see someone in person."

Heather Wilson—Office of Sexual Assault Prevention and Response

Harvard faculty and staff can find assistance and support at the Deans offices, the offices of human resources at each school or department, or the central Office of Human Resources in Holyoke Center.

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Options for Further Action
Prosecution
As a victim of rape or sexual assault you may want your assailant identified, apprehended, and prosecuted in court. If you choose to proceed in this manner, notify the HUPD immediately for assistance and guidance.

Non-Prosecution
You may also choose not to prosecute your assailant. There is no law in Massachusetts requiring a rape victim to prosecute.

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Disciplinary Procedures
If the alleged offender is a Harvard affiliate, you may report the incident to a University officer to file a complaint against the perpetrator under the applicable Harvard disciplinary procedure. The Dean’s office, office for student affairs, or human resources office in your school or department can provide advice. You may initiate a disciplinary process whether or not you seek to prosecute.

Reported rape and other sexual misconduct by students, faculty, or staff are grounds for initiating disciplinary procedures. Since these procedures vary among schools and administrative departments, you should consult the Dean's office in your school or the appropriate administrative office in your school or department for information on applicable processes.

The accuser and accused are entitled to the same opportunities to have others present during a disciplinary proceeding. University-imposed sanctions for rape or indecent assault and battery will vary depending on the nature and severity of the offense, and may include penalties up to and including termination of student status or Harvard employment. Both the accuser and the accused shall be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense.

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Massachusetts General Laws Chapter 41, Section 97D establishes that reports of rape and indecent assault and battery (or attempts to commit those offenses) are not public documents. Police departments must maintain such reports in a manner that will ensure their confidentiality.

Massachusetts General Laws Chapter 265, Section 24C similarly protects the confidentiality of court and police records relating to an arrest, investigation, or complaint for rape or assault with intent to rape. The law also provides that such records are not public records, and prohibits disclosing the victim’s name.

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Resources for Advice and Counseling
The University and various social service providers in Cambridge and Boston offer a range of counseling and support services for victims of rape and indecent assault and battery. If you choose not to take advantage of these resources immediately, at the very least you should find a friend, counselor, or other support person to comfort you and to help you deal with the experience. That person should be with you throughout the crisis situation and follow up, and should help you regain a sense of control over events.

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Harvard Resources
The staffs at the HUPD, OSAPR, and UHS are well trained to aid students, faculty, and staff who are victims of rape or indecent assault and battery. In addition, each school has administrative officers and counselors available to help. These individuals can be identified through the office for student affairs in each school, through the Office for Coeducation in Harvard College, or through the Harvard College Dean’s office.

Additional resources include:

Office of Sexual Assault Prevention and Response (OSAPR):
(617) 495-9100
www.fas.harvard.edu/~osapr/

UHS-Bureau of Study Counsel:
(617) 495-2581
www.fas.harvard.edu/~bsc/

RESPONSE (peer counseling):
(617) 495-9600
www.hcs.harvard.edu/~response

United Ministry:
(617) 495-5529
www.ministry.harvard.edu

The Wellness Corporation (Harvard employee assistance program):
(877) 327-4278
http://www.employment.harvard.edu/benefits/worklife/eap.shtml

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External Resources

Beth Israel Deaconess Medical Center, Center for Violence Prevention and Recovery:
(617) 667-8141
www.bidmc.harvard.edu/display.asp?node_id=5659&leaf_id=9619

Boston Area Rape Crisis Center (BARCC):
(617) 492-8306 24 Hour Hotline: (617) 492-7273
Monday - Friday: 9:00 a.m. to 5:00 p.m.
www.barcc.org

Cambridge Health Alliance Victims of Violence Program (VOV):
(617) 591-6360
www.challiance.org/departments_ii/victimsofviolence.htm

Middlesex County District Attorney?s Office:
Adult Sexual Assault Unit
(617) 591-7740

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