Definitions
Following sexual assault and/or intimate partner abuse, many survivors experience overpowering feelings of helplessness. Empowerment is accelerated when the survivor is able to make informed decisions based upon personal needs. The understandable urge to try to make decisions of the survivor can do more harm than good.
Acquaintance or Date Rape: forced sexual intercourse undertaken by someone known by the victor or as a result of threats, force or fear. Whether the perpetrator is a stranger, acquaintance or friend is irrelevant to the legal definition of rape.
Advocate: a trained individual (paraprofessional counselor) who ensures that the survivor has access to information about all of the services that are available. There are advocates with different areas of expertise (medical, legal, etc.). Advocates are available for support during or after a crisis situation and are not bound by mandatory reporting laws. Advocates are available to the survivor at any and all steps of any investigation and/or prosecution as well as at any point in the recovery process.
Complainant: the term used by Cuesta College, rather than "victim" or "survivor", for the person alleging harm was done to him/her. The counterpart is "Respondent".
Domestic Violance or Intimate Partner Abuse: abuse by one's partner or ex-partner, whether sharing ar esidence or not. It can
be:
- Emotional or psychological (name calling, threats, isolation from friends or family, withholding money or other
materials).
- Physical (including pushing, slapping, punching, kicking, choking, burning, pinching, use
of weapons or objects).
- Sexual (unwanted touching, false accusations, sexual insults, rape and other sexual assault,
or involve distruction of property
The abuse does not stop
unless help is received.
Emergency Protective Order: this is a temporary restraining order requested by the survivor when law enforcement officers respond to an emergency call. the order is valid for only five (5) days. A request for a restraining order must be filed with the Superior Court with those five (5) days.
Evidentiary Exam: involves collection of physical evidence such as semen, particles of the attacker's
hair and clothing, and a description of physical injuries by a trained medical provider.
Such evidence is often cruicial if the case goes to court. Evidence should be collected
as soon after the assault as possible (72 hours in the typical limit). The survivor's
informed consent is required for this procedure and it is ordered by and paid for
by law enforcement. A police report must be filed for this exam to be authorized.
Forced Sodomy: forced intercourse with another person, and/or against the person's will. Included
in date rape, sexual battery, or not forcibly against that person's will where the
victim is incapable of giving consent because of his/her youth, or because his/her
temporary or permanent mental capacity. this does not describe sodomy to me????
Harassment: a knowing and willful course of conduct directed at a specific person that seriously
alarms, annoys, torments, or terrorizes the person, and that serves no legitimate
purpose.
Intimate partner Abuse or Domestic Violence: see Domestic Violence or Intimate Partner Abuse
Mandatory Reporting: state laws list a wide variety of professional 0people who are required to report
knowledge or reasonable suspicion of assaultive or abusive conduct. Abuse that happends
to an individual under 18 years of age required different reporting responsibilities,
and includes medical professionals providng medical services. Assaultive or abusive
conduct includes battery and assault with the intent to commit mayhem, rape, sodomy,
or oral copulation.
Rape: non-consensual sexual intercourse which may involve threat of force, vilence, retaliation
or immediate bodily injury or intercourse where the victim is incapable of giving
legal consent. The latter includes being incapable because of his/her youth or because
of his/her temporary (e.g. being intoxicated by alcohol and/or drugs) or permanent
mental incapacity.
Rape or Sexual Assault Exam: medical exam which evaluates and treats injuries, sexually transmitted infections,
and pregnancy prevention after a sexual assault.
Respondent: term used by Cuesta College, rather than the term "accused" or "suspect", for alleged perpetrator. The count
part is "Complainant".
Restraining Order: 1) A legal document that is filed by the survivor with the Superior Court that prevents
contact betwwwen involved individuals; 2) The order may establish that the batterer
may not contact or disturb the complainant in any way. The batterer will be ordered
to stay away from the survivor, his/her work, family members, and possibly other places.
Restraining orders are available at little or no cost. Financial assistance is provide
by RISE.
S.A.F.E Nurses: Sexual Assault Forensic Examiner Nurses who are trained in doing evidentiary exams
and in providing appropriate medical care related tot he assault.
Sexual Assault: includes all rapes, all sexual batteries, all forced sodomies, all forced oral copulations,
and penetration by a foreign oject or threat of sexual assault.
Sexual Assault or Rape Exam: medical exam which evaluates and treats injuries, sexually transmitted infections,
and pregnancy prevention after a sexual assault.
Sexual Battery: unwanted touching of an intimate part of another person for the purpose of sexual
arousal.
Shelter: safe temporary living quarters for survivors (and their children) of domestic/intimate
partner violence.
Stalking: willful, malicious, repeated following or harassing of another person that would be
expected to instill fear in a reasonable person. You may be stalked by someone who
is unknown to you.
Cyber Stalking: harassment through email, bulletin boards, chat rooms, etc.
Survivor: individual who has been assaulted. This term is used rather than "Victim" to connote
empowerment and the healing that is possible after the trauma of the assault.
Victim: a person who suffers or is harmed. The term "survivor" is generally preferred.