Varsity Investigation: sexual assault in Cambridge
Details of the Varsity sexual assault investigation, including student experience of assault, student opinion and the legal definition of what constitutes sexual assault
A Victim of Sexual assault speaks to Varsity
I was sexually assaulted by a stranger, which makes my case slightly unusual since in most cases of rape the attacker is someone known to the victim. On the 4th of May 2009 I was walking back to College at about 3am from Bateman Street, visiting friends. I wasn’t drunk at all, nor was I dressed provocatively, although I don’t believe this should make a difference in cases of rape. There’s a particular section of Hills Road which is low-lit, but since it’s such a well frequented area I didn’t feel vulnerable. After a while I became aware of a car driving very slowly behind me and, while my instincts told me to cross the road, I didn’t, believing that Cambridge is too safe a place for anything bad to happen. My attacker was a serial offender who’d followed me from the bar in town; he threatened me with a pocket knife and hit my head against the car several times. I feel guilty that I didn’t fight back hard enough. Cyclists cycled passed several times throughout the attack without stopping. Afterwards he got into his car and drove off, leaving me with bite marks, bleeding from my head and my clothes ripped. The Porters dealt with the situation very well; they called the police and took me to hospital. The police provided me with my own individual person, and the College offered me counselling sessions, although I didn’t find these helpful. I still get panic attacks now and have suffered depression in the last six months, even though I’m starting to feel better about it now. I would advise victims to take advantage of the support available and talk to someone about incidents of assault."
Student Experience of Sexual Assault
"A close friend of mine was sexual assaulted at [a popular nightclub]. Two older men were involved. The men were thrown out but no further action was taken or charges pursued by the club. I think it is both appalling and disgusting that [the club]neglected to follow this up."
"As a male victim of sexual assault I really could have benefited from being able to participate in Cambridge Reclaim The Night. It is very difficult to articulate precisely how excluded, anonymised, and trivialised one’s experiences are when one is not allowed to take advantage of the pastoral services available for university members."
"The response from my College regarding the issue of sexual assault of a student was not good enough: the victim was told to feel sorry for the attacker by her tutor who said that the attacker was feeling picked on. This led to another student, who was raped in College, refusing to tell anyone about the incident, because she did not want them to think she was making a big fuss."
The Legal Definition of sexual assault
The Sexual Offences Act 2003 was enforced on 1st May 2004. It repealed almost all of the existing statute law in relation to sexual offences. The purpose of the Act was to strengthen and modernize the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders.
Under the Sexual Offences Act 2003, sexual assault is defined as when person A:
a) Intentionally touches another person B
b) The touching is sexual
c) B does not consent to the touching
d) A does not reasonably believe that B consents
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
Under the Act the non-consensual offences are rape, assault by penetration, sexual assault and causing a person to engage in sexual activity.
The Act has three important provisions relating to consent. They are:
1. A statutory definition of consent. This is that a person consents if he or she agrees by choice to the sexual activity and has the freedom and capacity to make that choice. The circumstances at the time of the offence will be considered in determining whether the defendant was reasonable in believing that the complainant consented. People will be considered most unlikely to have agreed to sexual activity if they were subject to threats, or fear of serious harm, unconscious, drugged, abducted or unable to communicate because of a physical disability.
2. The test of reasonable belief in consent
3. The evidential and conclusive presumptions about consent and the defendant’s belief in consent
Student Opinions
"In Cambridge there is a culture of sexual abuse and exploitation, masquerading under the guise of ‘fun banter’. This normally occurs within college drinking societies which actively foster anti-feminism sentiments, both ideologically and in practice."
"Self-defence classes are all well and good, but encouraging women to be physically "empowered" in response to sexual assault is monumentally dangerous and leads to a false sense of security."
"There is a general lack of awareness within certain aspects of the university community that male sexual assault and rape does occur, and it is of equivalent psychological impact to male-on-female assault or rape."
"I think education for men about the fact that if a woman is unconscious due to alcohol this does not count as consent, is crucial."
"I think that women also need to be educated, and I say this as a woman. Women need to be aware that certain actions can put them in danger: walking home alone in the dark is an obvious one."
"I believe that this survey is more sensationalist than useful."
"It worries me how much young women I know feel ‘obliged’ to have sexual contact with someone, even when they don’t want to, on the grounds that ‘he took me out for dinner, I didn’t want to be rude’, or ‘I didn’t feel ready, but I do like him, and if I hadn’t have slept with him straight away he would’ve broken up with me’."
"I wouldn’t say that non-consensual sex in a relationship or marriage can be called something as damning as rape but it does suggest that the initiator has dominance or control issues."
"Drinking society culture emphasises, alongside getting as wasted as possible, getting with or scoring girls from swaps, and putting girls in a situation where they feel pressured to engage in sexual activity they otherwise normally wouldn’t consent to, whether that’s on the dancefloor of Cindies or in the bedroom. The onus shouldn’t be on a girl to ‘not get raped’; the responsibility also lies with the man in deciding not to sexually assault or rape women."
These anonymous comments were collected as a part of Varsity’s Sexual Assault Survey.
How to get help
Linkline: 01223 245888; http://www.linkline.org.uk
Cambridge Rape Crisis Centre: 01223245888; http://www.cambridgerapecrisis.co.uk
Sexual Assault Referral Centre (SARC), based at The Oasis in Peterborough. 0845 089 6262; http://www.cambs.police.uk/victims/sarc.asp
Mpower: A phoneline for male victims of sexual assault. 0808 8084231; http://www.male-rape.org.uk/
Choices Counselling: A confidential counselling service in Cambridge for those whose lives are affected by childhood sexual abuse. 01223 358149; http://www.choicescounselling.co.uk/
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