Rape: a matter of concern
The one reported rape on Utah State University campus in 2002 went without prosecution.
A common story.
As relayed to USU Police, in October a 29-year-old male befriended a woman he knew from the Logan Institute. He invited her to his apartment, where she consented to some physical contact.
As things progressed, she said stop. He didn’t.
One month later, the man pulled a similar move on another woman. The incident characterized sexual assault, meaning it did not end in intercourse.
The women worked with police to take their cases to the county attorney, who informed them of their slim chances at winning. The typical “he said, she said” dilemma was in place, and there wasn’t enough evidence at the time to back the women’s stories.
Lt. Steve Milne of USU Police said the alleged rapist had been suspected of a 1998 sexual crime in Ogden.
“When I look at his past track record … I really believe this is happening,” he said.
Milne said he feels the man has other victims.
Police turned the cases over to USU Student Services.
“We’re kind of at a dead end,” he said.
Dallin Phillips, campus judicial officer, explained the informal nature of the university justice system.
“The campus judicial process is a lot easier than the criminal process,” he said, pointing out that his burden of proof is preponderance of the evidence instead of beyond a reasonable doubt.
“We’re not trying to throw them in jail,” he said.
The worst-case scenario is that the student will be called to a hearing, where a board of faculty and students choose to permanently expel him from school. At the light end of the punishment scale, a student could receive only a warning.
In 2001-02, the campus judicial program dealt with 126 cases. USU expels or suspends students about four to five times a year for serious breach of university policy, Phillips said.
The alleged rapist in the above story probably won’t be included in those numbers. He split, and Student Services can’t find him. So while the campus justice system works to protect university life, it isn’t law.
Victims of sexual crime at USU have four options, Milne says. They may keep quiet. They may report the incident to police. They may report it to police and take action through Student Services. Or they may report it and take action in court.
No matter what option a victim chooses, she can get personal help. Over the past decade, Milne says, police have learned to put more emphasis on the victim’s needs. If she chooses to report the incident, the 24-hour Sexual Assault Response Team (SART) will be on hand. The team comprises officers, counselors and nurses.
Victims can go to a special, private clinic instead of a hospital. Nurses trained in collecting and preserving evidence will tend to their physical needs for free.
When a victim is ready, she can tell her story all at once to SART members instead of reliving it multiple times for various people, Milne explained.
After the incident, if a victim struggles in school, SART will help make arrangements with her teachers.
“The professors here are pretty good to work with people,” Milne said.
School trouble is only one ailment on a list of difficulties a female may face after dealing with sexual crime.
Mary Doty, director of the USU Counseling Center, said most people don’t understand the level of trauma rape can cause for a victim.
“Think of the worst day you’ve ever had,” she said. “Multiply it by 10, and extend it out over months.”
Victims often get post-traumatic stress disorder, Doty said, noting typical responses. They can’t concentrate. They are afraid to be alone. They are depressed. They have nightmares. They can’t sleep. They lose trust. They are in denial. They are easily startled. They are humiliated.
On top of that, victims are required to face the widely accepted myths surrounding their ordeal.
Rape is never the victim’s fault, Doty said multiple times.
Contrary to popular belief, she explained, it is myth that:
* Strangers often attack and rape women spontaneously.
* Women say no when they mean yes.
* A woman owes a man if he pays attention to her.
* A woman may like to be raped; force can be exciting.
* A woman is asking for sex if she dresses or behaves provocatively.
* A man cannot rape a woman with whom he has had consensual sex in the past.
* A woman couldn’t have been raped if she didn’t fight.
“Victims buy into the same myths the general public does,” Doty said, explaining that women often question whether they were really raped.
Doty appeared in court as an expert witness for one of the most prominent cases of USU rape history. During jury selection, she said, attorneys asked prospectives whether there are circumstances that justify rape.
Many said yes, playing into the rape myths, Doty explained. They were not allowed on the jury.
Stacey Nelson-Waggoner had been charged with five counts of rape and two counts of sexual assault, crimes committed during 1997. Milne said he befriended his victims, telling them about his interest in their religion and love for his two children.
In some cases, Nelson-Waggoner took the women to his dorm room, where he raped them while playing loud music so no one could hear their screams, Milne said.
In 2001, Nelson-Waggoner was sentenced to 15 years to life in prison.
Cases of sexual crime often take a long time to try, Milne said, pointing to two boxes — about 15 inches by 10 inches each — stuffed with files and booklets from the Nelson-Waggoner ordeal.
Scott Wyatt, former Cache County attorney, agreed.
“Today’s rapist is not what we think he is,” he said. “It’s purely and simply a setup.”
Rapists “cruise and groom,” looking for victims who they think won’t report the incident, Wyatt said. The man will plan his attack so it appears he is friends with his victim, so outsiders will think the incident must have been consensual.
But if the investigation goes well — if physical, psychological or other evidence is available — and the victim is cooperative, there is more than a 50 percent success rate in prosecuting rapists, Wyatt said.
“We don’t take them to court unless we know there’s a good chance we will win,” he said, explaining he doesn’t want the victim’s crisis to continue.
Doty said women often choose not to prosecute, because in their traumatic state, they cannot handle the pressure.
“The defense attorneys are ruthless,” she said, adding that they ask the victim what she was wearing and why she was with the man in a way that places blame.
The defense tries to uncover the victim’s sexual history, Doty said, and she may feel ashamed to have her personal life dragged out in front of everyone.
Wyatt said he understands the difficulty of pressing charges, but he hopes more women will find a way to come forward so justice can be served. Rapists rape more than once, he said.
Victims of sexual crime can visit USU Police or the USU Counseling Center. Specialists encourage women to bring their friends for support if it will help.
Sgt. Shane Sessions of USU Police said women who want to guard against sexual assault should look into his rape aggression defense course. When a women is being assaulted, she should struggle and fight, he says, unless the attacker has a weapon.
–amarie@cc.usu.edu