Reporting and Assistance
Deciding whether to report sexual assault/rape can be very difficult. But it is ultimately the decision of the survivor(s). Some things to consider:
- Help survivor(s) regain a sense of personal power and control.
- Help protect others (see Clery Act Info Below).
- Increase chances of catching, convicting, or imprisoning the perpetrator (Police/criminal justice system).
A fully confidential resource on campus is Social Services, which is located on the 2nd Floor of the Tang Center.
Filing Charges & Taking Action
There are different ways to file charges and take action. Each has its own process and standards of evidence.
- Criminal Court:
Reporting to police process, filing charges, possibly going to court.
This impacts the perpetrator’ rights based on Federal and State Laws/Penal Code (“beyond a reasonable doubt”)
- Civil Court:
Filing your own law suit to seek remedy or damages (“preponderance of evidence”)
- Student Judicial Affairs:
Campus administrative process impacting a student’s academic future/Code of Student Conduct (“preponderance of evidence”)
- Residential Conduct Process:
Residential administrative process impacting a resident’s housing/housing contract)
If survivor thinks that he/she may want to report the incident and/or move forward with an investigation with police or Student Judicial Affairs (SJA), or at least keep that option open in future, that resident should consider preserving all evidence. Evidence can be very helpful in resolving the case.
- It is highly recommend that one does not wash, shower, or brush teeth in order to preserve DNA evidence (within 72 hours).
- Save clothes, sheets, etc in a paper bag (sexual assault/rape).
- Survivor(s) can decide to go to SART (Sexual Assault Response Team) facility to deal with the emotional and physical impact (closest to Cal is Highland hospital, Oakland)
- Keep any relevant letters, notes, emails, voicemails, etc. (sexual harassment/stalking)
- Write down any relevant facts: who, what, when, where to help create a chronology of events in case you decide to file a complaint in the future.
Clery Act Info
Jeanne Clery, a 19-year-old Lehigh University freshman, was assaulted and murdered in her dorm room in April 1986. The Jeanne Clery Act was enacted in the belief that crime awareness can prevent campus victimization. The law requires colleges and universities receiving federal funding to prepare, publish, and distribute, by October 1 of each year, campus security policies and crime statistics. These campus security policies and crime statistics must be distributed through appropriate publications or mailings, to all current students and employees, and made available to any applicant for enrollment or employment upon request. "Safety Counts" serves as the campus security report for the UC Berkeley Campus. (http://police.berkeley.edu/clery/csainfo.html)
This list is not exhaustive.