What is sexual assault?

A person commits sexual assault if they intentionally touch another person, the touching is sexual and the person does not consent.  It involves all unwanted physical contact of a sexual nature and examples might include unwanted pinching, embracing, kissing or touching of intimate body parts; to rape and serious sexual assault which involves penetration without consent. There are links at the bottom of this article which will provide you with further information about sexual assault and what it means. 

Sexual assault is a criminal offence and contrary to the Equality Act 2010, which defines specific types of discrimination, and the University’s Student Disciplinary Procedure (Non-Academic) and Prevention of Bullying and Harassment, Sexual Misconduct and Victimisation Policy.  For staff, sexual assault is also contrary to the Equality, Diversity and Inclusion in Employment Policy. 

 

Sexual consent means a person willingly agrees to have sex or engage in a sexual activity – and they are free and able to make their own decision. Making sure you get and give consent before having any kind of sex with another person (or people) really matters. Sex without consent is rape or sexual assault.  It's also important to recognise that just because you have consented to one thing doesn’t mean you have consented to something else, and it’s completely OK to say no or stop at any point if you don’t want to continue. 

A person must have the capacity to give consent. Capacity is based on the person: 

  • Being the right age 
  • Being sober 
  • Having the mental and physical ability to freely agree 
  • Not being threatened or afraid of harm 
  • Not being detained against their will 

Sexual consent can sometimes be misunderstood and a number of myths surrounding sexual consent are commonplace in society.  Brook, a sexual health and wellbeing charity, debunks some of the most common myths. These include:

  • "Sex in a relationship is always consensual".  It’s always up to you if you want to have sex and consent must be sought and given every time. You can’t assume that someone wants to have sex at any given time – you have to ask and listen to the response;
  • "You only need consent to have penetrative sex". Consent applies to all sexual activity, including kissing and touching;
  • "A drunk or high person can consent to sex". This can be true, and it is possible to negotiate consent when you have been drinking or taking drugs; but not when you are too drunk or high to know what is happening. Having sex or sexual contact with someone when they are too drunk or high to understand what is going on is sexual assault or rape, as they cannot consent;
  • "Men can't be raped".  In law, rape is defined as non-consensual penetration with a penis: so a man can be raped by another man. However, it is important to recognise that this definition can feel restrictive and unhelpful to survivors of sexual violence. Lots of people use the word ‘rape’ to apply to some forms of sexual assault, usually any form of sexual assault by penetration, and non-consensual vaginal or anal sex. 
  • "People who flirt or wear revealing clothing are 'asking for it'". There is no excuse for sexual violence, and it is never the survivor’s fault. Whether or not someone is flirting, looks attractive or has laughed at the other person’s jokes is irrelevant when it comes to consent. It doesn’t matter how long you have flirted with someone, how attractive you think they are or how much you think they fancy you – someone flirting with you or looking attractive does not mean that they consent to having sex with you. 

The following resources, can help you explore and better understand consent:

·Tea and Consent: A video about consent: https://youtu.be/oQbei5JGiT8 Copyright ©2015 Emmeline May and Blue Seat Studios

·Cycling Through Consent: A video about consent: https://www.youtube.com/watch?v=-JwlKjRaUaw, Produced by Western University, Canada

·Meg-John and Justin produce podcasts discussing sex and healthy relationships.

·BISH is a blog and guide to sex and relationships for anyone over 14. 

 

What do I do if I have experienced sexual assault?

If you think you have been sexually assaulted, it may be hard to know what to do or how to feel. What happened was not your fault. What you do next is your choice.

If you are in immediate danger, or are seriously injured, you can seek emergency support by calling 999. If you are on campus and need additional support, you can call Security on 0121 331 6969, they are available 24/7.

If you have been recently sexually assaulted, and want support and advice about what to do, we would recommend you contact your local Sexual Assault Referral Center (SARC). They have 24/7 advice lines where you can speak to a trained crisis worker confidentially. They can offer you advice on seeking medical support if required, advice around emergency contraception and sexual health screening. They can also offer advice around the process of reporting to the police. Horizon is the SARC covering Birmingham. 

 

I am worried that I have assaulted someone

It can be very distressing if you have been accused of sexual assault.  The University will not make assumptions on the relative merits of a complaint.  No party will be considered ‘at fault’ until a complaint has been investigated.  All those involved in a complaint will be treated fairly and offered advice and support, both from the university and externally.

It’s good practice to take time to reflect about the other person’s perception of your behaviour. Even if you feel that your behaviour was well-intentioned, your words or actions may have hurt or offended another person, and this may be thought of as an opportunity for learning, or perhaps for a change of approach.

You may find it helpful to read about the behaviour you have been accused of, you can do this by seeing the “incidents and behaviours[LW1] ” support article.

Steps you can take if you have been accused of misconduct include:

  • Try to stay calm - It is important to react appropriately even if you believe the accusation is false.  Let the investigation take its course and do not contact the person who has accused you. 
  • Talk to someone you trust - It is important for you not to feel alone through the process so consider sharing with a friend, a family member, or a trusted colleague.  Remember to keep any details confidential, this is important for you and the person who has reported the behaviour. Students can also reach out to the BCU Mental Health and Wellbeing team for support, staff can use the Employee Assistance Programme for support.

·Listen carefully to the complaint and to the particular concerns expressed.

·Stop the behaviour that’s been complained about straight away; if you are deemed to have bullied or harassed somebody after their objection to your behaviour was made known to you, this will be seen as a more serious issue.

·You may wish to access advice and support to understand the complaint. It may be appropriate to seek legal advice from an independent source if you have been contacted by the police. Students can contact BCU Student Union advice team for support with the University Complaints process.

See here for more support available to people who have been accused of something.[LW2] 

 

What support is available from BCU for sexual assault?

If you have experienced, or you know someone who has experienced bullying or harassment it can be helpful to talk about this with someone you trust. You can speak to the University Mental Health & Wellbeing Team, who have trained advisors to support students at BCU. The Mental Health & Wellbeing team are available Monday-Friday 9am-5pm.

You can also choose to speak to the Student Support Centre or to your personal tutor for support and guidance.

BCU’s wellbeing app is an online support service that can be accessed by BCU students and staff for free. There are self-help resources and information on anxiety, stress, managing emotions and building confidence readily available. 

Extenuating Circumstances. If you feel your studies have been affected by what has happened, you can consider applying for extenuating circumstances. 

If you are a member of staff, you can contact People and Culture, your HR partner will be able to identify the support that’s available for you.  Staff members can also utilise the Employee Assistance Programme. If you are a member of a trade union, you may be able to access further support by getting in touch with them directly. The Equality, Diversity and Inclusion Team provides advice, support and guidance on equality, diversity and inclusion related issues to academic advisors and other staff in student-supporting roles. 

If you are worried or concerned about someone else, find out more about how you can help them.

 

What support is available externally for sexual assault?

·Independent Sexual Violence Advisors (ISVAs): ISVAs are available to support you at the Rape & Sexual Violence Project. ISVAs are trained to look after the needs of a survivor of rape or sexual violence to ensure they receive the best possible care and understanding. Contact them and ask to speak to an advisor in confidence. ISVAs are there to provide information to ensure an individual can make a decision that is right for them.

  • Citizens Advice provides information on rape and sexual assault
  • West Midlands Police  provide further information on definitions of sexual assault, rape and consent. 
  • Rape Crisis: Provide information on the different types of sexual violence. 
  • Brook: Provide information on sexual health and wellbeing including consent; relationships; sexuality; contraception; and STI's.
  • Galop: Galop provides support for members of the LGBT+ community who are victims/survivors of sexual violence and abuse.
  • Umbrella: Provide free sexual health services for Birmingham and Solihull and offer a range of advice and guidance on sexual health and wellbeing. Umbrella also partner with the Rape and Sexual Violence Project to deliver an Abuse Survivors Clinic.
  • The NHS also offers guidance on seeking help after rape and sexual assault.
  • Victim Support offer free and confidential advice and support.
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Reporting sexual assault

If you or someone else is in immediate danger, or are seriously injured, you can seek emergency support by calling 999. If you are on campus and need additional support, you can call Security on 0121 331 6969, they are available 24/7.

We encourage concerns of sexual assault to be raised via Report and Support. This system can be used by staff or students; you can choose to do this either anonymously or you can report with your contact details. If you choose to report with contact details, an advisor will be able to talk you through the options and support available to you, in confidence. You can report an incident no matter where it took place.

You can also report the incident to the police. If you're thinking of reporting to the police, rape crisis have produced a useful list of things to think about.

If you would like to report the incident anonymously, you can call crime stoppers at any point on 0800 555 111 or use their online form.

 

If you choose to make a formal complaint [LW3] to the University about a student or member of staff, there are procedures linked below which set out the steps you'll need to follow. If a student or member of staff wishes to make a complaint involving a serious sexual assault they can contact the Assistant Director Student Governance, Mental Health & Wellbeing or the Director of Human Resources directly.

 If you are worried or concerned about someone else, find out more about how you can help them.

 

If you would like to submit information on a support service you think might help others, please contact us.  

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There are two ways you can tell us what happened

Report anonymously or Report with contact details