Sexual assault cases regularly make headlines and can potentially cause serious reputational harm to law enforcement agencies and police departments for mishandling the cases or not pursuing them vigorously enough. The picture on the left shows the latest developments in a long-term problem of sexual assault on college campuses. In June, Candice Johnson, OCR Acting Assistant Secretary for Civil Rights issued a memo that effectively stalled investigation of civil rights violations including sexual assault on campuses. A month later, Democratic Senators Kirsten Gillibrand from New York State and Claire McCaskill from Missouri urged Secretary of Education Betsy Devos to reverse this decision as unlawful because of failure to protect students under Title IX. Full text of the memo and Title IX, Sec. 1681 Sex are part of your lesson handout. Similar problem with widespread sexual assault, and especially against minors, is a long-term problem at cruise ships. Because of the nature of cruise ships, there is no immediate response by law enforcement and the ship guards that investigate the matter are the cruise company’s employees therefore often unlikely to be of meaningful help to the victims. Jurisdiction can be federal, state or foreign, depending on the ship’s flag. Finally, sexual violence in a workplace can be difficult to address because of the unequal relationship between parties and under-reporting. Recently, car company Tesla appeared in the news as a hostile workplace to women.

2. Sexual assault
Prepared July 2017
Training lesson plan
Lesson plan
• Timeframe: 60 minutes
• Audience: Law enforcement, corrections and department of parole and probation
• Number: 20
• Space: Class Room
Training objectives:
• Awareness of sexual assault cases that made the headlines
• Overview: definition of rape and sexual assault, White House Task Force to protect students,
statistics
• Barriers for victims in reporting and seeking assistance
• Best practices
• Requirements for first responders
• Victims’ rights resources
Assessment:
• Comprehension test
Instructor materials:
• Handouts (Appendices)
• Printout slides with narrative
Equipment needed
• Overhead projector, projector screen

3. Narrative
On the News for the Wrong Reasons
Have you watched the News lately? How many cases of sexual assault can you recall
seeing on the news? Right now, from the top of your head. (Audience shall come up with a
few examples)
Sexual assault cases regularly make headlines and can potentially cause serious
reputational harm to law enforcement agencies and police departments for mishandling the
cases or not pursuing them vigorously enough.
The picture on the left shows the latest developments in a long-term problem of
sexual assault on college campuses. In June, Candice Johnson, OCR Acting Assistant
Secretary for Civil Rights issued a memo that effectively stalled investigation of civil rights
violations including sexual assault on campuses (Candice Johnson, OCR Acting Assistant
Secretary for Civil Rights, 2017). A month later, Democratic Senators Kirsten Gillibrand
from New York State and Claire McCaskill from Missouri urged Secretary of Education
Betsy Devos to reverse this decision as unlawful because of failure to protect students under
Title IX (Bassett, 2017). Full text of the memo (Appendix 1) and Title IX, Sec. 1681 Sex
(Appendix 2) are part of your lesson handout (U.S. Congress, 1972).
Similar problem with widespread sexual assault, and especially against minors, is a
long-term problem at cruise ships. Because of the nature of cruise ships, there is no
immediate response by law enforcement and the ship guards that investigate the matter are
the cruise company’s employees therefore often unlikely to be of meaningful help to the
victims. Jurisdiction can be federal, state or foreign, depending on the ship’s flag
(Kozlowska, 2017).
Finally, sexual violence in a workplace can be difficult to address because of the
unequal relationship between parties and under-reporting (NPR, 2017). Recently, car
company Tesla appeared in the news as a hostile workplace to women (Carson, 2017).
Overview
Rape is a “Forced sexual intercourse including both psychological coercion as well
as physical force. Forced sexual intercourse means penetration by the offender(s). Includes
attempted rapes, male as well as female victims, and both heterosexual and same-sex rape.
Attempted rape includes verbal threats of rape” Sexual assault includes “A wide range of
victimizations, separate from rape or attempted rape. These crimes include attacks or
attempted attacks generally involving unwanted sexual contact between victim and offender.
Sexual assaults may or may not involve force and include such things as grabbing or
fondling. It also includes verbal threats” (Bureau of Justice Statistics, 2017).
In 2014, a White House Task Force was established to protect students from sexual
assault. The objective was to develop a methodology that could be used to evaluate campus
climate in regards to sexual victimization. In the nine participating schools, the sexual
assault victimization was 176 per 1.000 undergraduate females on average. The average
victimization incidence was 96 per 1.000 females for sexual battery and 54 per 1.000 for

4. rape. At the worst scoring school, 20% of all females experienced some form of sexual
violence (Krebs et al., 2016).
Violent crime reported in the U.S. increased from 325,000 reported incidents in 2004
to 427,600 incidents in 2013. Of these, about 52.000 concern rape and sexual assault. This
represents about 0.2 percent of the population annually. In 2013, U.S. residents experienced
6.1 million violent victimizations, including rape and sexual assault. The crime rate declined
slightly from 26.1 incidents per 1.000 persons in 2012 to 23.2 per 1.000 per person in 2013.
About 40 to 60% of violent and serious violent victimizations remain unreported. For a
graph, see Appendix 3 (Bureau of Justice Statistics, 2017).
Timeline of major legislative changes is part of your lecture handout (Appendix 4)
(ijlincoln, 2017). The crime was originally defined as property crime rather than a crime
against a person. The definition of force is gradually changing also to include other types of
coercion. Victim perceptions are crucial to their willingness to report sexual assault rape
(Tracy, Fromson, Long & Whitman, 2012).
Barriers for victims in reporting and seeking assistance
The majority of sexual assault and rape victims are female. There are significant
stigma and shame associated with the experience of rape, especially in small towns and rural
communities. Victims of rape may be further stigmatized and even slut-shamed if they
decide to come forward. Such affair can seriously hinder their future chances in life to find a
suitable partner, finish education at the chosen institution, or keep their jobs. Institutional
record and culture is an important factor for the victims to feel safe to come forward.
According to RAINN, only 344 out of every 1.000 sexual assaults, i.e. 34%, are
reported to the police. Among female students, the reporting rate is only about 20%. In the
military, about 40% females and 10% males report the crime. If people decided to report the
crime, the reasons were usually to protect themselves and their families from further crimes
by the same person and to prevent escalation. If the victims refused to report, it was usually
because of fear of retaliation and the belief that the police would nothing to help them. In
addition, 30% of the surveyed respondents cited no reason at all (RAINN, 2017).
Victims of rape who decide to come forward and report the crime have to undergo an
examination that records the crime scene. This includes intimate photographs and taking
swabs and examining the victim’s body for traces of DNA evidence. The whole process
takes about five to six hours. Unfortunately, hundreds of thousands of rape kits remain
untested. The main problems that hinder the timely processing of rape kits are the failure of
police departments to process the rape kits and submit them as evidence, so-called
“unsubmitted rape kit backlog”, and the delay in crime labs that should test the evidence.
Ending the backlog is one of the most important ways to convict serial offenders and
encourage victims to come forward (End The Backlog, n.d.). The cost of rape kits and the
forensic examination itself is no small matter because the victims are often expected to
cover the costs. The cost of medical services paid by insured victims is $950 on average
(Crist, 2017).

5. Challenges for Criminal Justice professionals
There are multiple challenges the investigators will face when responding to sexual
assault or rape allegations. First, there are two crime scenes that need to be examined: the
location and the victim’s body. This requires an immediate search of the location and
questioning of the victim. Body fluids such as semen and saliva on the scene provide a great
opportunity to collect DNA evidence using a ultra-violet lamp. Touch DNA can now be
used as evidence even in the absence of bodily fluids. Evidence collected from the victim
includes documentation of any injuries including bite marks and bruises, and samples of
head and pubic hair, saliva and blood for any evidence of date rape drugs, fingernail
clippings, and anal, oral and vaginal swabs and slides. Any delay will likely destroy the
evidence. Additional challenges include the inability of the victim to provide a coherent
record of the events due to trauma or intoxication, contamination of crime scene, and
destroyed evidence (Weiss, n.d.).
The Philadelphia Model refers deliberate downgrading of rape cases by the Police
before 1999 when the department underwent a substantial reform. Unwarranted
classification of rape cases as “unfounded” is a common way of mishandling. The problem
is widely recognized in many cities. Not only the offender walks away free, including serial
rapists, it also seriously undermines the trust of the victims in the justice system. Victims
often withdraw from the investigation because of shame, stigma or coercion. Persons known
to the victim, such as acquaintances, co-workers or family, commit most sexual assaults.
Stranger rapes are specific because most of them are serial offenders. Making the
information about a serial rapist public is a double-edged sword that may help alert the
public and lead to arrest or scare the offender. The current consensus is that usually, it is
better to release such information earlier. At college campuses, victims are often intimidated
by criminal proceedings and accept internal disciplinary proceedings that offer more
privacy. Unwanted attention enabled by social media serves as a powerful deterrent to
reporting and prosecution. Sexual Assault Response Teams (SART) and training
substantially improve handling of such cases (Police Executive Research Forum, 2012).
Best practices for LE and community response to victims
Victims often delay reporting for days, months and even years and often lie about
some of their actions or the circumstances. Small communities make the situation worse
because of traditions and stereotypes and prejudice against the victims. First responders need
to take facts of the case including gender and age of the victim and determine if the situation
represents a medical emergency. The victim will also want to clean up as soon as possible.
Information about the suspect is critical because of possible apprehension by the police.
Police should refrain from judging any of the victim’s actions (The International Association
of Chiefs of Police, 2004).
Elaborate protocols exist for the collection of forensic evidence from the victims of
rape and sexual assault. The Department of Justice published separate protocols for medical
forensic examination of adults and adolescents (U.S. Department of Justice Office on
Violence Against Women, 2013) and a pediatric guideline (U.S. Department of Justice
Office on Violence Against Women, 2016). The topics covered in the guideline include
priority handling of rape victims as emergency care, patient privacy, obtaining informed

6. consent, the scope and limitations of confidentiality, solving jurisdictional conflicts, and the
decision to report sexual assault cases to law enforcement. The guideline also provides
detailed provisions for exam payment, information on the sexual assault evidence collection
kit, detailed guidance regarding response to voluntary use of drugs and alcohol, testing of
sexually transmitted diseases and their prophylaxis, including HIV and the probability and
handling of pregnancy (U.S. Department of Justice Office on Violence Against Women,
2013).
Sexual assault 911 calls and non-emergency responses should be preserved as
evidence. Notifying a Victim Advocate should be one of the first priorities. Once the crime
scene has been photographed, the police should make an effort to identify and locate
witnesses, and especially the first person whom the victim told about what happened.
Privacy and dignity of the victim should be respected at all times (The International
Association of Chiefs of Police, 2004).
Applicable requirements for first responders in the relevant jurisdiction
Laws regarding rape and sexual assault vary by state. Sexual assault is prohibited in
all states but the exact definitions vary. Some states lump all related crimes in one category
whilst others distinguish individual forms. Sexual assault typically occurs due to the use of
force, coercion or incapacitation of the victim, i.e. because of the use of date rape drugs. In
all cases, sexual assault is a felony (Findlaw, 2013).
First responder checklists are created by local police departments and include
assistance to victims, including asking if there were anybody, the victim would like to
contact. A wide variety of emotional responses can be expected. A forensic medical
examination shall be conducted as soon as possible. The victim should not be charged for
the medical forensic exam. Consent to exam should not automatically require consent with a
prosecution. First responders should secure a private location where the victim’s narrative
can be recorded and documented. If the victim wishes to have another person present as a
support person, this wish should be accommodated. If an interpreter is required, it should be
a neutral party and not a friend or a family member. During the brief interview, first
responders should record who is the suspect and where is the person now, how did the
situation start and develop, and if there were any threats, whether expressed or implied. The
victim’s emotional condition should be noted. It is essential to ask whom the victim told
about the assault first and collect information about any potential witnesses who can
describe the victim’s condition before and after the assault. The victim should receive
statutory notices as required and relevant contact information. The in-depth interview shall
be scheduled as soon as possible. Toxicological reports shall follow identification of any
drinks or drugs by the victim. The next step is to secure any physical and electronic
evidence. Victims should not be pressed into polygraph examination or into pursuing
charges against the attacker. (Michigan Domestic and Sexual Violence Prevention and
Treatment Board & Prosecuting Attorneys Association of Michigan Violence Against
Women Project, 2011).

7. Applicable victims’ rights resources
Victim blaming is a natural response of many communities, especially in small
towns and rural areas. It is essential to provide the victims with resources and connect them
with support groups where they will have the opportunity to recover and resume life. Victim
blaming affects disproportionately minorities and tight-knit small communities where the
contact between victims and perpetrators is unavoidable. The picture shows a culture of
victim blaming (Minghui, 2016).
Comprehensive list of resources available to sexual assault victims is available at
RAINN website (RAINN, 2017) and at the website of the National Institute of Justice
(National Institute of Justice, 2017). List of available resources can be found in handouts
(Appendix 5).
Conclusion
Sexual assault is a felony in all states. The sexual assault became a serious problem
at college campuses and special jurisdictions such as cruise ships. Most victims know the
offender and have social contact with him but do not expect intimate contact. Rape is a
forced sexual contact that involves the use of force, coercion, or incapacitation of the victim.
Incapacitation is never a reason not to pursue a rape case. Cultural prejudices and societal
pressure contribute to the reluctance of the victims to come forward. Sexual assault it is still
underreported and many police departments fail to investigate the crime appropriately. The
backlog of forensic medical examination kits delay prosecution of serial offenders and
demoralize victims. Many reported cases of rape are downgraded or dismissed as
unsubstantiated by the police. Low conviction rate further discourages victims from
reporting the crime. The ways to break this vicious circle are the implementation of best
practices, policies and procedures, and training. First responders have to proceed with tact
and understanding when obtaining information from victims who often show signs of
emotional distress and cannot recall what exactly happened to them.

8. Evaluation
1) List three examples of recent widely publicized sexual assault cases
2) Why are cases of sexual assault on cruise ships so difficult to prosecute?
a) No law enforcement on site during the initial response
b) Conflict of interests during initial investigation
c) Unclear jurisdiction
d) All of the above
3) Survivors of sexual assault challenge educational institutions for not protecting them
against sexual predators. What are the grounds?
a) The right to due process
b) Title IX Of The Education Amendments Of 1972, Section 1681 Sex discrimination
c) Protection against unreasonable searches and invasion of privacy
d) Alcohol and drug consumption laws
4) Circle all correct answers
a) Rape is a forced sexual intercourse that includes physical force (excl. psychological
coercion)
b) Rape includes male and female victims
c) Sexual assault includes unwanted sexual contact, distinct from rape or attempted
rape
d) Sexual assault does not include verbal threats

9. 5) What are the common barriers to reporting of sexual assault by the victims?
a) Fear of retaliation
b) Shame, stigma, embarrassment
c) Belief the police will not be helpful
d) All of the above
6) Circle all true statements:
a) Most rapes involve a person the victim knows
b) Most, but not all, rape victims are female
c) Rapes by a stranger often involve a serial offender
d) Many cases of rape are downgraded by the police or dismissed as unfounded
7) What are the main challenges encountered by the investigators
a) Victim often unable to remember key events
b) Destroyed evidence
c) Victims do not come forward
d) All of the above
Evaluation: 1 -responses will vary; 2d; 3b; 4b,c; 5d; 6a,b,c,d; 7d

10. References
Bassett, L. (2017). Betsy DeVos Is Under Fire For Scaling Back Campus Rape Investigations.
Huffington Post. Retrieved from http://www.huffingtonpost.com/entry/betsy-devos-
scaling-back-campus-rape-investigations_us_595e83ace4b02e9bdb0b441d
Bureau of Justice Statistics. (2017). Bureau of Justice Statistics (BJS) - Rape and Sexual Assault.
Bjs.gov. Retrieved 8 July 2017, from https://www.bjs.gov/index.cfm?ty=tp&tid=317
Bureau of Justice Statistics. (2017). Bureau of Justice Statistics (BJS) - Violent Crime. Bjs.gov.
Retrieved 8 July 2017, from https://www.bjs.gov/index.cfm?ty=tp&tid=31
Candice Johnson, OCR Acting Assistant Secretary for Civil Rights. (2017). OCR instructicns to
the Field re Scope of Complaints. OCR Acting Assistant Secretary for Civil Rights.
Retrieved from https://www.propublica.org/documents/item/3863019-
doc00742420170609111824.html
Carson, E. (2017). Tesla latest company to face scrutiny over workplace issues. CNET. Retrieved
8 July 2017, from https://www.cnet.com/news/tesla-latest-company-to-face-scrutiny-for-
workplace-environment/
Crist, C. (2017). Rape victims in U.S. made to pay part of the medical bill. Reuters. Retrieved 8
July 2017, from http://www.reuters.com/article/us-health-rape-usa-costs-
idUSKBN17M2KU
End The Backlog. (n.d.). What is the Rape Kit Backlog? | ENDTHEBACKLOG.
Endthebacklog.org. Retrieved 8 July 2017, from
http://www.endthebacklog.org/backlog/what-rape-kit-backlog
Findlaw. (2013). Sexual Assault Overview - FindLaw. Findlaw. Retrieved 8 July 2017, from
http://criminal.findlaw.com/criminal-charges/sexual-assault-overview.html
The International Association of Chiefs of Police. (2004). Training key # 571 Investigating
Sexual Assaults Part I: Elements of Sexual Assault & Initial Response. Alexandria, VA:
the International Association of Chiefs of Police. Retrieved from
http://www.theiacp.org/portals/0/pdfs/571InvestigatingSexualAssaultsPart1.pdf
ljlincoln. (2017). A brief history of sexual assault legislation timeline.. Timetoast. Retrieved 8
July 2017, from http://www.timetoast.com/timelines/a-brief-history-of-sexual-assault-
legislation
Kozlowska, H. (2017). Why cruise ships have a sexual-assault problem. Quartz. Retrieved 8 July
2017, from https://qz.com/1022245/why-cruise-ships-have-a-sexual-assault-problem/
Krebs, C., Lindquist, C., Berzofsky, M., Shook-Sa, B., Peterson, K., & RTI International et al.
(2016). Campus Climate Survey Validation Study Final Technical Report. Washington,
DC: Bureau of Justice Statistics. Retrieved from
https://www.bjs.gov/content/pub/pdf/ccsvsftr.pdf

11. Michigan Domestic and Sexual Violence Prevention and Treatment Board, & Prosecuting
Attorneys Association of Michigan Violence Against Women Project. (2011). Sexual
assault first responder checklist. Michigan Model Policy on the Law Enforcement
Response to Sexual Assault. Retrieved from
https://www.michigan.gov/documents/mdhhs/SA_First_Responder_Check_list_550590_
7.pdf
National Institute of Justice. (2017). Rape and Sexual Violence | National Institute of Justice.
National Institute of Justice. Retrieved 8 July 2017, from
https://www.nij.gov/topics/crime/rape-sexual-violence/Pages/welcome.aspx
Police Executive Research Forum. (2012). Improving the Police Response to Sexual Assault.
Police Executive Research Forum. Retrieved from
http://www.policeforum.org/assets/docs/Critical_Issues_Series/improving%20the%20po
lice%20response%20to%20sexual%20assault%202012.pdf
RAINN. (2017). The Criminal Justice System: Statistics | RAINN. Rainn.org. Retrieved 8 July
2017, from https://www.rainn.org/statistics/criminal-justice-system
RAINN. (2017). National Resources for Sexual Assault Survivors and their Loved Ones |
RAINN. Rainn.org. Retrieved 8 July 2017, from https://www.rainn.org/national-
resources-sexual-assault-survivors-and-their-loved-ones
Tracy, C., Fromson, T., Long, J., & Whitman, C. (2012). Rape and sexual assault in the legal
system. Women’s Law Project. Retrieved from http://www.womenslawproject.org/wp-
content/uploads/2016/04/Rape-and-Sexual-Assault-in-the-Legal-System-FINAL.pdf
Weiss, D. (n.d.). Overview of Sexual Assault Crime Scene Processing. In Public Safety.
Retrieved 8 July 2017, from http://inpublicsafety.com/2015/04/overview-of-sexual-
assault-crime-scene-processing/
U.S. Congress. (2015). Title Ix Of The Education Amendments Of 1972 | CRT | Department of
Justice. Justice.gov. Retrieved 8 July 2017, from https://www.justice.gov/crt/title-ix-
education-amendments-1972
U.S. Department of Justice Office on Violence Against Women. (2016). A National Protocol for
Sexual Abuse Medical Forensic Examinations Pediatric. Department of Justice.
Retrieved from https://www.justice.gov/ovw/file/846856/download

12. Appendix 1 – Memo

13. (Candice Johnson, OCR Acting Assistant Secretary for Civil Rights, 2017)

14. Appendix 2 – Title IX 20 USC Sec. 1681
20 U.S.C. Ё 1681
TITLE 20 - Education
CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS
• Sec. 1681. Sex.
o (a) Prohibition against discrimination; exceptions.
o (b) Preferential or disparate treatment because of imbalance in participation or
receipt of Federal benefits; statistical evidence of imbalance.
o (c) "Educational institution" defined.
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1132f-1, 1232, 3041, 3042 of this title; title 29 sections
206, 1577; title 42 sections 290cc-34, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406.
Sec. 1681. Sex
(a) Prohibition against discrimination; exceptions
No person in the United States shall, on the basis of sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any education program or activity
receiving Federal financial assistance, except that:
(1) Classes of educational institutions subject to prohibition
in regard to admissions to educational institutions, this section shall apply only to institutions of
vocational education, professional education, and graduate higher education, and to public
institutions of undergraduate higher education;
(2) Educational institutions commencing planned change in admissions
in regard to admissions to educational institutions, this section shall not apply
(A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an
educational institution which has begun the process of changing from being an institution which
admits only students of one sex to being an institution which admits students of both sexes, but
only if it is carrying out a plan for such a change which is approved by the Secretary of
Education or
(B) for seven years from the date an educational institution begins the process of changing from
being an institution which admits only students of only one sex to being an institution which
admits students of both sexes, but only if it is carrying out a plan for such a change which is
approved by the Secretary of Education, whichever is the later;

15. (3) Educational institutions of religious organizations with contrary religious tenets
this section shall not apply to an educational institution which is controlled by a religious
organization if the application of this subsection would not be consistent with the religious tenets
of such organization;
(4) Educational institutions training individuals for military services or merchant marine
this section shall not apply to an educational institution whose primary purpose is the training of
individuals for the military services of the United States, or the merchant marine;
(5) Public educational institutions with traditional and continuing admissions policy
in regard to admissions this section shall not apply to any public institution of undergraduate
higher education which is an institution that traditionally and continually from its establishment
has had a policy of admitting only students of one sex;
(6) Social fraternities or sororities; voluntary youth service organizations
this section shall not apply to membership practices -
(A) of a social fraternity or social sorority which is exempt from taxation under section 501(a) of
title 26, the active membership of which consists primarily of students in attendance at an
institution of higher education, or
(B) of the Young Men's Christian Association, Young Women's Christian Association, Girl
Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so
exempt, the membership of which has traditionally been limited to persons of one sex and
principally to persons of less than nineteen years of age;
(7) Boy or Girl conferences
this section shall not apply to -
(A) any program or activity of the American Legion undertaken in connection with the
organization or operation of any Boys State conference, Boys Nation conference, Girls State
conference, or Girls Nation conference; or
(B) any program or activity of any secondary school or educational institution specifically for -
(i) the promotion of any Boys State conference, Boys Nation conference, Girls State conference,
or Girls Nation conference; or
(ii) the selection of students to attend any such conference;
(8) Father-son or mother-daughter activities at educational institutions

16. this section shall not preclude father-son or mother-daughter activities at an educational
institution, but if such activities are provided for students of one sex, opportunities for reasonably
comparable activities shall be provided for students of the other sex; and
(9) Institution of higher education scholarship awards in "beauty" pageants
this section shall not apply with respect to any scholarship or other financial assistance awarded
by an institution of higher education to any individual because such individual has received such
award in any pageant in which the attainment of such award is based upon a combination of
factors related to the personal appearance, poise, and talent of such individual and in which
participation is limited to individuals of one sex only, so long as such pageant is in compliance
with other nondiscrimination provisions of Federal law.
(b) Preferential or disparate treatment because of imbalance in participation or receipt of Federal
benefits; statistical evidence of imbalance
Nothing contained in subsection (a) of this section shall be interpreted to require any educational
institution to grant preferential or disparate treatment to the members of one sex on account of an
imbalance which may exist with respect to the total number or percentage of persons of that sex
participating in or receiving the benefits of any federally supported program or activity, in
comparison with the total number or percentage of persons of that sex in any community, State,
section, or other area: *Provided*, That this subsection shall not be construed to prevent the
consideration in any hearing or proceeding under this chapter of statistical evidence tending to
show that such an imbalance exists with respect to the participation in, or receipt of the benefits
of, any such program or activity by the members of one sex.
(c)"Educational institution" defined
For purposes of this chapter an educational institution means any public or private preschool,
elementary, or secondary school, or any institution of vocational, professional, or higher
education, except that in the case of an educational institution composed of more than one
school, college, or department which are administratively separate units, such term means each
such school, college, or department.
(Pub. L. 92-318, title IX, Sec. 901, June 23, 1972, 86 Stat. 373; Pub. L. 93-568, Sec. 3(a), Dec.
31, 1974, 88 Stat. 1862; Pub. L. 94-482, title IV, Sec. 412(a), Oct. 12, 1976, 90 Stat. 2234; Pub.
L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was in the original "this title", meaning title IX
of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29,
Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and
Welfare. For complete classification of title IX to the Code, see Tables.
AMENDMENTS
1986 - Subsec. (a)(6)(A). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for

17. "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26"
thus requiring no change in text.
1976 - Subsec. (a)(6) to (9). Pub. L. 94-482 substituted "this" for "This" in par. (6) and added
pars. (7) to (9).
1974 - Subsec. (a)(6). Pub. L. 93-568 added par. (6).
EFFECTIVE DATE OF 1976 AMENDMENT
Section 412(b) of Pub. L. 94-482 provided that: "The amendment made by subsection (a)
[amending this section] shall take effect upon the date of enactment of this Act [Oct. 12, 1976]."
EFFECTIVE DATE OF 1974 AMENDMENT
Section 3(b) of Pub. L. 93-568 provided that: "The provisions of the amendment made by
subsection (a) [amending this section] shall be effective on, and retroactive to, July 1, 1972."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-259, Sec. 1, Mar. 22, 1988, 102 Stat. 28, provided that: "This Act [enacting sections
1687 and 1688 of this title and section 2000d-4a of Title 42, The Public Health and Welfare,
amending sections 706 and 794 of Title 29, Labor, and section 6107 of Title 42, and enacting
provisions set out as notes under sections 1687 and 1688 of this title] may be cited as the 'Civil
Rights Restoration Act of 1987'."
TRANSFER OF FUNCTIONS
"Secretary" substituted for "Commissioner" in subsec. (a)(2) pursuant to sections 301(a)(1) and
507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which
transferred all functions of Commissioner of Education to the Secretary of Education.
COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS
For provisions relating to the coordination of implementation and enforcement of the provisions
of this chapter by the Attorney General, see section 1-201(b) of Ex. Ord. No. 12250, Nov. 2,
1980, 45 F.R. 72995, set out as a note under section 2000d-1 of Title 42, The Public Health and
Welfare.
REGULATIONS; NATURE OF PARTICULAR SPORTS: INTERCOLLEGIATE ATHLETIC
ACTIVITIES
Pub. L. 93-380, title VIII, Sec. 844, Aug. 21, 1974, 88 Stat. 612, provided that the Secretary
prepare and publish, not more than 30 days after Aug. 21, 1974, proposed regulations
implementing the provisions of this chapter regarding prohibition of sex discrimination in
federally assisted programs, including reasonable regulations for intercollegiate athletic
activities considering the nature of the particular sports.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1682, 1687 of this title.

18. Appendix 3 – Violent crime statistics
(Bureau of Justice Statistics, 2017)
0
50
100
150
200
250
300
350
400
2004 325,018
2012 313,834
2013 427,599

19. Appendix 4 – Legislation timeline
(ljlincoln, 2017)

20. Appendix 5 - Resources for victims
RAINN. (2017). National Resources for Sexual Assault Survivors and their Loved Ones |
RAINN. Rainn.org. Retrieved 8 July 2017, from https://www.rainn.org/national-
resources-sexual-assault-survivors-and-their-loved-ones
National Institute of Justice. (2017). Rape and Sexual Violence | National Institute of Justice.
National Institute of Justice. Retrieved 8 July 2017, from
https://www.nij.gov/topics/crime/rape-sexual-violence/Pages/welcome.aspx

22. •
•
•
(Candice Johnson, OCR Acting Assistant Secretary for Civil Rights, 2017)
(Bassett, 2017), (Kozlowska, 2017), (NPR, 2017), (Carson, 2017)

23. Sexual Assault, Rape, and Sexual Battery
Campus Climate Survey Validation Study Final Technical Report
Source: Bureau of Justice Statistics (Krebs et al., 2016)
(Krebs et al., 2016)
(Bureau of Justice Statistics, 2017)
(Tracy & Fromson, 2012)
(ljlincoln, 2017)

24. (RAINN, 2017)

25. (RAINN, 2017)
(End The Backlog, n.d.)
(Crist, 2017)
Shame & Stigma
Fear of retaliation
Police not helpful
Low conviction rate
Cost of forensic kits
 $950 per victim
 $5,800 per insurer
 Most kits unprocessed
Further victimization

26. •
•
•
•
•
•
•
•
(Weiss, n.d.)
(Police Executive Research Forum, 2012)

27. BEST PRACTICES
INITIAL CODING
POLICIES & TRAINING
SPECIALIZED UNITS
AUDIT, REVIEW
INFORMATION RELEASE
COLLECTION OF DATA
(U.S. Department of Justice, Office on Violence Against Women, 2016)
(U.S. Department of Justice, Office on Violence Against Women, 2013)
(the International Association of Chiefs of Police, 2004)

28. BEST PRACTICES
(U.S. Department of Justice, Office on Violence Against Women, 2016)
(U.S. Department of Justice, Office on Violence Against Women, 2013)
(the International Association of Chiefs of Police, 2004)

29. APPLICABLE REQUIREMENTS
• DEFINITION OF RAPE AND SEXUAL ASSAULT VARY
• INCLUDES: FORCE, COERCION, INCAPACITATION
• FIRST RESPONDER CHECKLISTS
• ASSISTING THE VICTIM
• FORENSIC MEDICAL EXAMINATION
• OBTAIN VICTIM’S SAFE CONTACT INFORMATION
• SECURE PRIVATE LOCATION
• BRIEF MINIMAL FACT INTERVIEW
• DOCUMENT FROM VICTIM’S NARRATIVE
• NOT: POLYGRAPH, WRITTEN STATEMENT, PURSUE PROSECUTION
(Findlaw, 2013)
(Michigan Domestic and Sexual Violence Prevention and Treatment Board & Prosecuting
Attorneys Association of Michigan Violence Against Women Project, 2011)

30. National Sexual Assault Hotline
National Sexual Violence Resource Center
National Organization for Victim Assistance
National Online Resource Center on Violence Against Women
U.S. Department of Justice: National Sex Offender Public Website
The National Center for Victims of Crime
National Domestic Violence Hotline
National Teen Dating Abuse Online Helpline
Americans Overseas Domestic Violence Crisis Center
National Coalition against Domestic Violence

31. CONCLUSION
• COLLEGE CAMPUSES, CRUISE SHIPS, WORKPLACE
• MOST VICTIMS KNOW THE OFFENDER
• FORCE, COERCION, INCAPACITATION
• FELONY
• UNDER-REPORTED
• FAILURE TO INVESTIGATE
• RAPE KIT BACKLOG
• LOW CONVICTION RATE
-----------------------------
BEST PRACTICES & TRAINING

32. REFERENCES
Bassett, L. (2017). Betsy DeVos Is Under Fire For Scaling Back Campus Rape Investigations. Huffington Post.
Retrieved from http://www.huffingtonpost.com/entry/betsy-devos-scaling-back-campus-rape-
investigations_us_595e83ace4b02e9bdb0b441d
Bureau of Justice Statistics. (2017). Bureau of Justice Statistics (BJS) - Rape and Sexual Assault. Bjs.gov.
Retrieved 8 July 2017, from https://www.bjs.gov/index.cfm?ty=tp&tid=317
Bureau of Justice Statistics. (2017). Bureau of Justice Statistics (BJS) - Violent Crime. Bjs.gov. Retrieved 8 July
2017, from https://www.bjs.gov/index.cfm?ty=tp&tid=31
Candice Johnson, OCR Acting Assistant Secretary for Civil Rights. (2017). OCR instructicns to the Field re
Scope of Complaints. OCR Acting Assistant Secretary for Civil Rights. Retrieved from
https://www.propublica.org/documents/item/3863019-doc00742420170609111824.html
Carson, E. (2017). Tesla latest company to face scrutiny over workplace issues. CNET. Retrieved 8 July 2017,
from https://www.cnet.com/news/tesla-latest-company-to-face-scrutiny-for-workplace-environment/
Crist, C. (2017). Rape victims in U.S. made to pay part of the medical bill. Reuters. Retrieved 8 July 2017, from
http://www.reuters.com/article/us-health-rape-usa-costs-idUSKBN17M2KU
End The Backlog. (n.d.). What is the Rape Kit Backlog? | ENDTHEBACKLOG. Endthebacklog.org. Retrieved 8
July 2017, from http://www.endthebacklog.org/backlog/what-rape-kit-backlog
Findlaw. (2013). Sexual Assault Overview - FindLaw. Findlaw. Retrieved 8 July 2017, from
http://criminal.findlaw.com/criminal-charges/sexual-assault-overview.html
The International Association of Chiefs of Police. (2004). Training key # 571 Investigating Sexual Assaults Part I:
Elements of Sexual Assault & Initial Response. Alexandria, VA: the International Association of Chiefs of Police.
Retrieved from http://www.theiacp.org/portals/0/pdfs/571InvestigatingSexualAssaultsPart1.pdf
ljlincoln. (2017). A brief history of sexual assault legislation timeline.. Timetoast. Retrieved 8 July 2017, from
http://www.timetoast.com/timelines/a-brief-history-of-sexual-assault-legislation

33. Kozlowska, H. (2017). Why cruise ships have a sexual-assault problem. Quartz. Retrieved 8 July 2017, from
https://qz.com/1022245/why-cruise-ships-have-a-sexual-assault-problem/
Krebs, C., Lindquist, C., Berzofsky, M., Shook-Sa, B., Peterson, K., & RTI International et al. (2016). Campus Climate
Survey Validation Study Final Technical Report. Washington, DC: Bureau of Justice Statistics. Retrieved from
https://www.bjs.gov/content/pub/pdf/ccsvsftr.pdf
Michigan Domestic and Sexual Violence Prevention and Treatment Board, & Prosecuting Attorneys Association of
Michigan Violence Against Women Project. (2011). Sexual assault first responder checklist. Michigan Model Policy
on the Law Enforcement Response to Sexual Assault. Retrieved from
https://www.michigan.gov/documents/mdhhs/SA_First_Responder_Check_list_550590_7.pdf
National Institute of Justice. (2017). Rape and Sexual Violence | National Institute of Justice. National Institute of
Justice. Retrieved 8 July 2017, from https://www.nij.gov/topics/crime/rape-sexual-violence/Pages/welcome.aspx
Police Executive Research Forum. (2012). Improving the Police Response to Sexual Assault. Police Executive
Research Forum. Retrieved from
http://www.policeforum.org/assets/docs/Critical_Issues_Series/improving%20the%20police%20response%20to%20s
exual%20assault%202012.pdf
RAINN. (2017). The Criminal Justice System: Statistics | RAINN. Rainn.org. Retrieved 8 July 2017, from
https://www.rainn.org/statistics/criminal-justice-system
RAINN. (2017). National Resources for Sexual Assault Survivors and their Loved Ones | RAINN. Rainn.org. Retrieved
8 July 2017, from https://www.rainn.org/national-resources-sexual-assault-survivors-and-their-loved-ones
Tracy, C., Fromson, T., Long, J., & Whitman, C. (2012). Rape and sexual assault in the legal system. Women’s Law
Project. Retrieved from http://www.womenslawproject.org/wp-content/uploads/2016/04/Rape-and-Sexual-
Assault-in-the-Legal-System-FINAL.pdf
Weiss, D. (n.d.). Overview of Sexual Assault Crime Scene Processing. In Public Safety. Retrieved 8 July 2017, from
http://inpublicsafety.com/2015/04/overview-of-sexual-assault-crime-scene-processing/
U.S. Congress. (2015). Title Ix Of The Education Amendments Of 1972 | CRT | Department of Justice. Justice.gov.
Retrieved 8 July 2017, from https://www.justice.gov/crt/title-ix-education-amendments-1972
U.S. Department of Justice Office on Violence Against Women. (2016). A National Protocol for Sexual Abuse
Medical Forensic Examinations Pediatric. Department of Justice. Retrieved from
https://www.justice.gov/ovw/file/846856/download