Reporting the Assault
It's your choice whether or not to report a sexual assault. On our campus, a victim can file a confidential and/or anonymous report. Filing a report does not obligate you to press legal charges or request university disciplinary action. You get to decide. However, if you file a report, our Sexual Assault Response coordinator will outreach to you to be sure you are aware of your rights and the resources available to you and offer on going support.
Reporting options can be reviewed by meeting with the campus Sexual Assault Response Coordinator through the UW-Green Bay Wellness Center, Dean of Students and/or Public Safety, Green Bay Sexual Assault Center or the Police department in the jurisdiction in which the assault occurred.
See Victim's Rights
- Discipline Through the UW-Green Bay Student Non-Academic Disciplinary Procedures
- Title IX Procedure
- Civil Prosecution
- Criminal Prosecution
For More Information, Contact
Although the legal definition of rape varies from state to state, rape is generally defined as forced or nonconsensual sexual intercourse. Rape may be accomplished by fear, threats of harm and/or actual physical force. Rape may also include situations in which penetration is accomplished when the victim is unable to give consent, or is prevented from resisting, due to being intoxicated, drugged, unconscious or asleep.
Sexual assault is a broader term than rape. Sexual assault is any act (verbal and/or physical), which breaks a person's trust and/or safety and is sexual in nature. Sexual assault is any sexual contact or intercourse without consent. (Consent means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual contact or sexual intercourse.) The term "sexual violence" includes: rape, incest, child sexual assault, ritual abuse, date and acquaintance rape, marital or partner rape, sexual harassment, exposure and voyeurism.
The term "drug-facilitated sexual assault" is generally used to define situations in which victims are subjected to nonconsensual sexual acts while they are incapacitated or unconscious due to the effects of alcohol/and/or other drugs and are therefore, prevented from resisting and/or are unable to give consent.
State law and University policy prohibit sexual harassment, including intentional verbal/physical conduct or other behavior that demeans the sex of a person or persons and which interferes with or creates an intimidating, hostile or demeaning environment for a student's education, employment or other university-authorized activity. This can include unwelcome requests of sexual favors, sexual slurs, jokes or threats.
Acquaintance rape is sexual assault by a friend, date, acquaintance, co-worker or relative. In most cases, the perpetrator is known and trusted by the victim.
A person stalks a victim in Wisconsin when s/he engages in a "course of conduct" that causes the victim to experience serious emotional distress or to fear bodily injury or death of her/himself, to a family member, or to a member of his/her household.
|First Degree Sexual Assault
|Sexual intercourse or contact with another person without the consent of that person, and 1) involving the use or threat of force or violence, 2) resulting in pregnancy or great bodily harm, or 3) aided by one or more persons.
||First-degree sexual assault is a felony. Imprisonment for not more then 60 years.
|Second Degree Sexual Assault
|Sexual intercourse or contact with another person without the consent of that person and 1) involving the use or threat of force or violence, 2) resulting in injury, illness, disease or mental anguish, or 3) if the person is known to be unconscious or suffering from mental illness or deficiency.
||Second-degree sexual assault is a felony. A fine not to exceed $10,000 or imprisonment not to exceed 40 years, or both.
|Third Degree Sexual Assault
s. 940.225 (3)
|Sexual intercourse with another person without the consent of that person.
||Third degree sexual assault is a felony. A fine not to exceed $25,000 or imprisonment not to exceed 10 years or both.
|Fourth Degree Sexual Assault
|Sexual contact with another person without the consent of that person.
||Fourth degree sexual assault is a misdemeanor. A fine not to exceed $10,000 or imprisonment not to exceed 9 months or both.
|Sexual Exploitation by a Therapist
||Intentional sexual contact with a patient or client during an ongoing therapeutic/patient relationship by a therapist or someone who claims to be a therapist.
||Imprisonment for no more then five years and/or fined not more then $10,000.
UW-Green Bay Policies
Victim's Bill of Rights
Victims are afforded rights by the federal government, the state and the institution. All students have the right to emotional and physical safety.
Federal law entitles sexual assault victims to the following rights:
- The accuser and the accused have the same opportunity to have others present throughout disciplinary proceedings.
- Both parties shall be informed of the outcome of any disciplinary proceeding. At no time can a victim be required to keep the outcome confidential.
- Victims shall be informed of their options to notify law enforcement.
- Victims shall be notified of counseling services available on- and off-campus.
- Victims shall be notified of options for changing academic and living situations.
- Victims may obtain a free forensic exam from a Sexual Assault Nurse Examiner at St. Vincent Hospital without filing a police report or involving the police in any way. Other hospital charges may apply; please ask.
Wisconsin State Law outlines the following:
- University of Wisconsin System Chapter 17 outlines the campus disciplinary process. Students have the right to know the range of sanctions the institution can impose on the accused [UWS 17.10(1)], which include the following: written reprimand; denial of specified university privileges; imposition of reasonable terms and conditions on continued student status; restitution; removal of the student from the course in progress; disciplinary probation; suspension; and expulsion. Full text of this UWS 17 may be found online.
- Victims have the right to know that any disclosure of a sexual assault made to a university employee can result in a report as an annual crime statistic (with victim's name withheld).
- Students have a right to privacy and confidentiality. In general, campus and community offices must have a waiver signed by the student in order to share information among one another or with any third party, including parents.
- Students have the right to receive sexual assault education and information on an annual basis.
Additionally, the institution is committed to ensuring that victims are afforded the following:
- The right to a victim advocate of their choosing. (For additional information and resources about victim advocacy, contact the Sexual Assault Center: 920-436-8899).
- The right to access STI testing and treatment, emergency contraception and pregnancy testing.
- The right to be informed of and have access to medical, mental health, crisis response, legal, forensic, campus disciplinary and/or victim advocacy services.
- Law enforcement officers are not required to issue a minor-in-possession violation to underage victims who were drinking alcohol on the occasion of the assault.
- In a campus disciplinary hearing, victims have a variety of options for how they offer their testimony, including video conference, phone or with room partition.