Violence Against Women Reauthorization Act of 2013 or VAWA:
- President Obama signed into law on March 7, 2013
- Improve and expand how institutions, such as SJCL, address sexual offenses and sexual violence
Effective, July 1, 2015, Under VAWA, SJCL is required to:
- Adopt policy to address and prevent sexual offenses or acts of sexual violence
- Report campus crime statistics beyond the crime categories the Clery Act already mandates
- Offer training to incoming students and new employees promoting the awareness of domestic violence, dating violence, sexual assault, stalking, and consent
- Offer ongoing prevention and awareness campaigns to the college community centered around domestic violence issues
San Joaquin College of Law is committed to creating a college community free of sexual misconduct including, Sexual Violence, Domestic Violence, Dating Violence, Sexual Violence, or Stalking. All individuals have the right to study, teach, work and live free from sexual misconduct. Sexual assault and sexual misconduct are forms of sex harassment and will not be tolerated in any form at San Joaquin College of Law. Both sexual assault and sexual misconduct are serious crimes under the criminal laws of the State of California, and a conviction of these crimes could result in imprisonment and disqualification to practice law. Further, civil liability may attach to such conduct.
Key Definitions
Domestic Violence - includes any act of violence or threatened act of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by any other person against an adult or youth victim who is protected from that person’s acts under federal or California domestic or family violence laws. Examples of Domestic Violence include, but are not limited to, causing or attempting to cause physical or sexual assault or abuse; placing another in reasonable fear of serious bodily injury; restraining another’s liberty or freedom of movement; or Stalking, where such conduct is directed against the victim by his/her current or former spouse or intimate partner or any other person from whom the victim is protected under federal or California domestic or family violence laws.
Dating Violence - any act of violence or threatened act of violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Examples of Dating Violence include, but are not limited to, causing or attempting to cause physical or sexual assault or abuse; placing another in reasonable fear of serious bodily injury; restraining another’s liberty or freedom of movement; or Stalking, where such conduct is directed against the victim by someone with whom she/he is or has been in a romantic or intimate relationship.
Stalking - engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or to suffer substantial emotional distress. Examples of conduct that may constitute Stalking include, but are not limited to, unwelcome and repeated visual or physical proximity to a person; repeated oral or written threats; extortion of money or valuables; unwelcome and unsolicited written communications, including letters, cards, emails, instant messages, and messages on social media.
Consent - means an informed, affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity.
Consent must be voluntary, and given without coercion, force, threats, or intimidation. Consent requires positive cooperation in a particular sexual act, or expression of intent to engage in that sexual act through the exercise of free will.
Consent can be withdrawn or revoked. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity (or other sexual acts). Consent to sexual activity given on one occasion does not constitute consent to sexual activity on another occasion. The fact that two people are or were in a dating or sexual relationship does not constitute consent to engage in sexual activity. There must always be mutual and affirmative consent to engage in sexual activity. Consent to a sexual act may be withdrawn or revoked at any time, including after penetration. The victim’s request for the perpetrator to use a condom or birth control does not, in and of itself, constitute consent. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
Consent cannot be given by a person who is incapacitated. For example, a person cannot give consent if s/he is unconscious or coming in and out of consciousness. A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational judgments. Examples of incapacitation include unconsciousness, sleep and blackouts. Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments. A person with a medical or mental disability may also lack the capacity to give consent.
Being intoxicated by drugs or alcohol does not diminish a person’s responsibility to obtain consent from the other party before engaging in sexual activity. Factors to be considered include whether the person knew, or whether a reasonable person in the accused’s position should have known, that the victim did not give, or revoked, consent; was incapacitated; or was otherwise incapable of giving consent.
Sexual intercourse with a minor is never consensual when the victim is under 18 years old, because the victim is considered incapable of giving legal consent due to age.
Resources
- Violence Against Women Reauthorization Act of 2013
- Office on Violence Against Women
www.justice.gov/ovw - Jeanne Clery Act Information
www.clerycenter.org
Sexual Assault Community Resources
- Victims of Crime
(800) 656-4673 [24/7 hotline]
www.victimsofcrime.org - RAINN
(Rape, Abuse & Incest National Network)
[Online hotline] available through the website
www.rainn.org - RCS Fresno
(Resource Center for Survivors of Sexual Assault & Family Violence)
259 N. Blackstone Ave, Fresno CA 93701
(559) 222-7273 [hotline]
(559) 497-2900
www.rcsfresno.org - Family Healing Center
7025 N Chestnut #102, Fresno CA 93720
(559) 840-1012
www.fhcfresno.org - CVAC
Crime Victim Assistance Center
Fresno: (559) 600-2822
Visalia: (559) 636-5471
Porterville: (559) 782-9617
www.co.fresno.ca.us/cvac - Victims of Crime Resource Center
(800) 842-8467
www.1800victims.org - Marjaree Mason Center
1600 M St, Fresno, CA 93721
(559) 237-4706
www.mmcenter.org
For questions regarding SJCL policy and procedures related to Violence Against Women Reauthorization Act (VAWA), contact bpitcock@sjcl.edu