How do I know whether someone is incapacitated (i.e., by drugs or alcohol) and thus, cannot consent to sexual conduct?
Signs of incapacity include, but are not limited to: slurred speech, bloodshot eyes, stumbling or difficulty maintaining balance, vomiting, inability to focus eyes, inability to communicate/comprehend situation, and unconsciousness. If you are unsure whether someone is incapacitated, do not engage in any sexual contact, and always make sure that they are safe.
What if I am underage but was intoxicated at the time of the sexual assault – will I get charged with underage drinking if I report the assault?
No. If you have been sexually assaulted while underage and intoxicated, neither you nor a friend assisting you will be charged with underage drinking by Paul Smith’s College.
The health and safety of every student at the Paul Smith’s College is of utmost importance. Paul Smith’s College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Paul Smith’s College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to College officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to the College officials or law enforcement will not be subject to Paul Smith’s College code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
Policy for alcohol and/or drug use amnesty in sexual and interpersonal violence cases
The health and safety of every student at Paul Smith’s College is of utmost importance. Paul Smith’s College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Paul Smith’s College strongly encourages students to report incidents of domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Paul Smith’s officials or law enforcement will not be subject to Paul Smith’s College Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.
Paul Smith’s College Sexual Harassment and Sexual Violence Policy holds perpetrators accountable for their actions, through campus judicial or personnel procedures if appropriate, and by working with community agencies and law enforcement as appropriate.
What is the role of alcohol and drugs with sexual assault?
Alcohol is present in 80-85% of reported sexual assaults. Drinking too much in no way makes being assaulted the fault of the victim. Legally, if you were intoxicated or passed out as a result of over-drinking or drugs, it was impossible to give consent. Alcohol and/or drugs are often used as a tool by perpetrators.
What do I do if I suspect I’ve been drugged and sexually assaulted?
Get to a safe place and call Campus Safety at 518-327-6300. Determine whether you want to report the incident to the police. If there is any chance you do want to report the assault, you should not shower, bathe, change clothes or straighten up the area until medical and legal evidence is collected because these actions will destroy evidence.
If you want to report the incident, Campus Safety can help you call the police and then go to the hospital and have medical evidence collected.
If you do not want to report the assault to the police or are unsure if you want to report it to the police, it is very important that you still go to a hospital, clinic or private doctor for treatment of external and/or internal injuries, tests for pregnancy and STDs, and support services.
Request a urine test as quickly as possible to detect the presence of drugs because every hour matters. Chances of getting proof that you were drugged are best when the sample is obtained soon after the substance has been ingested, but depending on the substance used, the test can be reliable even on a sample obtained 72 hours later.