Threatened by my College for Reporting Rape, PLEASE HELP

OPSUBoy2010 · Jan 31, 2009

I'm a college student in rural Oklahoma. I was raped just over a week ago by a fellow student. I reported this to the Chief of Police the night that it happened and I was taken to the local hospital for a rape exam. Seemed like everything was going how it should, they seemed very professional and supportive... The Oklahoma State Bureau of Investigation was brought in... More than a week has passed though and no arrest has been made. I've been moved out of my dorm because it was unsafe for me to be in the same dorm as my rapist (I'm a guy... I never saw this coming, any of it).

Today, I was told by the Director of Campus Safety that if he finds out that I've been discussing what happened with anyone, I'll be charged with slander. Apparently the guy who did this to me has been telling people that I lied about it and the police believe him, not me. I was told that there's evidence of sexual contact but not enough to prove that it was rape.

I have a few questions. First, is it legal for them (the university and the OSBI) to threaten me with criminal charges simply for discussing something that happened to me? Second, the guy who did this is in the Texas National Guard. I realize that if the local authorities won't do anything about the rape, neither will they--But could I get him in trouble with the military for homosexual conduct? The police today told me that I am not a victim... But I am. A horrible thing happened to me and I want something done about it, I want to be safe and I want this guy to pay for what he did. What can I do?

I'm afraid to talk to anyone in the local area because it's a small town and everybody knows everybody--I know that if I tell anyone here about this, it will get back to the police sooner or later and I'm worried that they will follow through on their threat. My parents want me to go back home and drop out of school... I'm afraid to even go to my classes because I see this guy all the time and he's always looking at me, threatening looks, and today at lunch he came up to me and grabbed me very violently and threatened me...

I asked the university to do something. I was told today that this person will not be arrested and will not be removed from campus. They won't do anything. They're trying to punish me, they're threatening me, and I'm not even the criminal in this situation. I'm the victim.

What should I do? I'm completely lost out here. Someone please help.

Ozark_Sophist · Jan 31, 2009

thefire.org works specifically with higher education cases. There is a case submission form on their website, and their response time is fast.

Call a national rape crisis line for specific help and referral for working through psychological trauma. They can provide information about resources available in your area.

Jobbo · Feb 2, 2009

OPSUBoy2010 said:
I'm a college student in rural Oklahoma. I was raped just over a week ago by a fellow student. I reported this to the Chief of Police the night that it happened and I was taken to the local hospital for a rape exam. Seemed like everything was going how it should, they seemed very professional and supportive... The Oklahoma State Bureau of Investigation was brought in... More than a week has passed though and no arrest has been made. I've been moved out of my dorm because it was unsafe for me to be in the same dorm as my rapist (I'm a guy... I never saw this coming, any of it).

Today, I was told by the Director of Campus Safety that if he finds out that I've been discussing what happened with anyone, I'll be charged with slander. Apparently the guy who did this to me has been telling people that I lied about it and the police believe him, not me. I was told that there's evidence of sexual contact but not enough to prove that it was rape.

I have a few questions. First, is it legal for them (the university and the OSBI) to threaten me with criminal charges simply for discussing something that happened to me? Second, the guy who did this is in the Texas National Guard. I realize that if the local authorities won't do anything about the rape, neither will they--But could I get him in trouble with the military for homosexual conduct? The police today told me that I am not a victim... But I am. A horrible thing happened to me and I want something done about it, I want to be safe and I want this guy to pay for what he did. What can I do?

I'm afraid to talk to anyone in the local area because it's a small town and everybody knows everybody--I know that if I tell anyone here about this, it will get back to the police sooner or later and I'm worried that they will follow through on their threat. My parents want me to go back home and drop out of school... I'm afraid to even go to my classes because I see this guy all the time and he's always looking at me, threatening looks, and today at lunch he came up to me and grabbed me very violently and threatened me...

I asked the university to do something. I was told today that this person will not be arrested and will not be removed from campus. They won't do anything. They're trying to punish me, they're threatening me, and I'm not even the criminal in this situation. I'm the victim.

What should I do? I'm completely lost out here. Someone please help.

That's a horribly story. First, slander is, typically, a civil cause of action, meaning it's not something you'd go to jail for. (there are criminal libel statutes in some states). Second, he could mean "charge" in the sense of administrative charges at your school under some kind of code of conduct - expulsion, suspension, etc.

Is there another police agency you can contact? The poster above had excellent advice about contacting college organizations that deal with sexual violence.

You need a representative in the criminal justice system right now - if you retain a lawyer that's familiar with the local police, judges, justice system, etc, he can start "making noise" with respect to getting the response you deserve from the system.

One more thing - eventually you might bring suit against the school for their failure to act on this. Thus, document each conversation you have had and have from this point on with school officials, police, etc METICULOUSLY! Also, do everything you can to painstakingly document the behavior of your attacker from this point on - write detailed memos to yourself about what's happening. Creating a clear record will pay dividends down the road.

CdwJava · Feb 2, 2009

OPSUBoy2010 said:
More than a week has passed though and no arrest has been made.

Rape cases can take a long time to pursue. They can't just run out and arrest, hi, they will likely have to convince a grand jury or the DA that there is probable cause to make the arrest before your attacker gets taken in.

Rape can be a tough case to prove.

Today, I was told by the Director of Campus Safety that if he finds out that I've been discussing what happened with anyone, I'll be charged with slander.

Slander is a civil issue, not a criminal one. I can only suppose that the Chief did not want you talking to people because it might effect the case, and, because your attacker might be able to accuse you of slander.

I have a few questions. First, is it legal for them (the university and the OSBI) to threaten me with criminal charges simply for discussing something that happened to me?

That depends on the context. They CAN tell you waht might happen if you do something, certainly.

Second, the guy who did this is in the Texas National Guard. I realize that if the local authorities won't do anything about the rape, neither will they--But could I get him in trouble with the military for homosexual conduct?

He might get in trouble, but with the current presidential administration, I doubt that he will get into any serious trouble at all.

The police today told me that I am not a victim... But I am. A horrible thing happened to me and I want something done about it, I want to be safe and I want this guy to pay for what he did. What can I do?

You can seek a restraining order to keep him away from you ... you can hire an attorney an you can sue him for the attack. The burden of proof in a civil court is much lower than that required for a criminal conviction.

I asked the university to do something. I was told today that this person will not be arrested and will not be removed from campus. They won't do anything. They're trying to punish me, they're threatening me, and I'm not even the criminal in this situation. I'm the victim.

If there is insufficient proof, there is nothing they can do to change that. It could be that they would rather it not have happened, because it is a black mark against the university. But, it could also be that they have no defitive proof that it was rape.

If the test showed that sexual contact took place, that does not mean it was rape. Sex can occur without rape. Rape requires that the sexual activity be conducted through the use of force or fear ... was this force present? Is there some way that this can be shown? Did you yell for help? Were you held at gunpoint or knifepoint? Were threats made?

Rape can be tough to make.

- Carl

OPSUBoy2010 · Feb 9, 2009

This is getting WORSE!!!

Yes, there was threat of harm. He was an army ranger for six years before going to the National Guard, so obviously if I had fought he would have been able to do a lot of damage. I thought it was better to just let him do it. But it was definitely against my will.

I found out today that I've been put on conduct probation by the university, in part because I reported the rape and in part because I discussed it with a professor and a few students. Also, one of the charges on the letter given to me today by the university is that I was not supposed to report the campus security guy for threatening me with slander.

Is the university allowed to do this?!?!?! Can they really punish me for reporting a crime?????? It's a public university!!! And can they punish me for talking about it when I needed someone to talk to??? What about freedom of speech?

I can't call a lawyer, I don't have any money, and I e-mailed the FIRE people but they never e-mailed me back or called me.

If anyone knows of a lawyer who might help me out on a discounted rate or for free, in the Oklahoma Panhandle, PLEASE let me know!!!

CdwJava · Feb 9, 2009

OPSUBoy2010 said:
Yes, there was threat of harm. He was an army ranger for six years before going to the National Guard, so obviously if I had fought he would have been able to do a lot of damage. I thought it was better to just let him do it. But it was definitely against my will.

And this was relayed to him ... how? verbally? By your fighting back in some way? How?

That's what the defense will ask if it ever gets to trial - "How did you communicate that you did not want to have relations with him?"

I found out today that I've been put on conduct probation by the university, in part because I reported the rape and in part because I discussed it with a professor and a few students. Also, one of the charges on the letter given to me today by the university is that I was not supposed to report the campus security guy for threatening me with slander.

That sounds retaliatory to me and it might be actionable in some way. If I were you, I'd consult a civil attorney and look into possible action against the university.

However, if you signed something previously agreeing to keep silent about the incident until it had been investigated, litigated, or whatever, then you may be on the losing side of things here.

I can't call a lawyer, I don't have any money, and I e-mailed the FIRE people but they never e-mailed me back or called me.

I do not know what FIRE is, so I can't help you there.

But! You can probably get some free consultations with attorneys. If your case is clear and heinous, then you might get an attorney to represent you on a contingency basis (in other words, they would get paid out of the award they would expect from any settlement).

- Carl

OPSUBoy2010 · Feb 9, 2009

I told him I didn't feel right doing it, that it wasn't something I could do. I said I didn't want it. But he grabbed me, pushed me down on the bed, held me there, and he just went and did it. He said if I resisted he'd "f me up really bad". And since he's a soldier it seemed pretty reasonable that he would follow through with that.

The letter given to me by the university says that I sexually harassed a student (which is crap and they have no evidence of it because it didn't happen). I think that's football players standing up for their teammate who raped me.

But it has a list of reasons why I'm being suspended. First on the list (and the largest paragraph, by far) is that I reported a "sexual incident" on January 22nd, obviously a reference to when I reported the rape. Also included as a reason is that I spoke to others about what happened. Note, the OSBI never told me not to talk about it, until after they heard I had discussed it with someone. Once they told me not to say anything, I obeyed them fully. The other reason listed is that, after the campus security director said he would charge me with slander, I reported him to the university administration. That apparently also is something that can get me on probation, even though none of those three things are even vaguely close to being against university policy.

HomeGuru · Feb 9, 2009

OPSUBoy2010 said:
I'm a college student in rural Oklahoma. I was raped just over a week ago by a fellow student. I reported this to the Chief of Police the night that it happened and I was taken to the local hospital for a rape exam. Seemed like everything was going how it should, they seemed very professional and supportive... The Oklahoma State Bureau of Investigation was brought in... More than a week has passed though and no arrest has been made. I've been moved out of my dorm because it was unsafe for me to be in the same dorm as my rapist (I'm a guy... I never saw this coming, any of it).

Today, I was told by the Director of Campus Safety that if he finds out that I've been discussing what happened with anyone, I'll be charged with slander. Apparently the guy who did this to me has been telling people that I lied about it and the police believe him, not me. I was told that there's evidence of sexual contact but not enough to prove that it was rape.

I have a few questions. First, is it legal for them (the university and the OSBI) to threaten me with criminal charges simply for discussing something that happened to me? Second, the guy who did this is in the Texas National Guard. I realize that if the local authorities won't do anything about the rape, neither will they--But could I get him in trouble with the military for homosexual conduct? The police today told me that I am not a victim... But I am. A horrible thing happened to me and I want something done about it, I want to be safe and I want this guy to pay for what he did. What can I do?

I'm afraid to talk to anyone in the local area because it's a small town and everybody knows everybody--I know that if I tell anyone here about this, it will get back to the police sooner or later and I'm worried that they will follow through on their threat. My parents want me to go back home and drop out of school... I'm afraid to even go to my classes because I see this guy all the time and he's always looking at me, threatening looks, and today at lunch he came up to me and grabbed me very violently and threatened me...

I asked the university to do something. I was told today that this person will not be arrested and will not be removed from campus. They won't do anything. They're trying to punish me, they're threatening me, and I'm not even the criminal in this situation. I'm the victim.

What should I do? I'm completely lost out here. Someone please help.

**A: I suggest you and your parents hire an attorney and file a civil complaint.

OPSUBoy2010 · Feb 9, 2009

My parents are in South Carolina and I'm here in Oklahoma, so they're not going to be able to help me all that much right now. And they don't have much money... I don't have any at all. I take my paychecks and I buy a little bit of food, save a few dollars for laundry, and put the rest toward tuition.

CdwJava · Feb 9, 2009

It would not surprise me if a university tried to cover up a rape allegedly committed by one of its athletes ... over the years there have been numerous allegations of that sort which WERE covered up and led to great embarrassment and legal trouble for the schools and the teams.

However, it is also possible that they believe nothing happened and they are trying to defend the student from what they might see as baseless accusations. Unfortunately, if the police can not make a case or believe that no crime occurred, then there may be a legal presumption that he is innocent and that you are slandering his good name.

Since this rape alleges homosexual conduct, it certainly adds an additional and more embarrassing wrinkle into the mix. Perhaps you should speak to the investigating agencies and let them know what is happening and see if they can provide any direction. You should also speak to some attorneys and get their take on things.

- Carl

OPSUBoy2010 · Feb 9, 2009

How could it even be considered as slander when there's absolutely no evidence to say that I made it up?

CdwJava · Feb 9, 2009

OPSUBoy2010 said:
How could it even be considered as slander when there's absolutely no evidence to say that I made it up?

There's no evidence to say it happened, either. However, even if you believe you can make a strong case to show it DID happen they way you say it did, do you have the money to defend against such a civil suit?

Consult an attorney.

- Carl

OPSUBoy2010 · Feb 12, 2009

I've called a few lawyers--none of the lawyers in town will agree to do a consultation because they don't want to go up against the university.

But I've done some digging and found out a few more things... This is from the Oklahoma Statutes:

§21 455. Preventing witness from giving testimony - Threatening witness who has given testimony.
A. Every person who willfully prevents any person from giving testimony who has been duly summoned or subpoenaed or endorsed on the criminal information or juvenile petition as a witness, or who makes a report of abuse or neglect pursuant to Sections 7103 and 7104 of Title 10 of the Oklahoma Statutes or Section 10-104 of Title 43A of the Oklahoma Statutes, or who is a witness to any reported crime, or threatens or procures physical or mental harm through force or fear with the intent to prevent any witness from appearing in court to give his testimony, or to alter his testimony is, upon conviction, guilty of a felony punishable by not less than one (1) year nor more than ten (10) years in the State Penitentiary.

The university has made *very* clear that I am not to discuss what happened to me with anyone and that if I do I will be suspended/expelled from the university. This seems consistent with the law as cited above. Does this fit the definition of "willfully preventing" me from giving testimony, or as intent to prevent me from giving testimony, or intent to alter my testimony?

I'm going through a formal appeals process at the university and if that solves the problem, I'll drop the issue. But if it doesn't... I don't know.

Ohiogal · Feb 13, 2009

Have you talked to the city prosecutor?

CdwJava · Feb 13, 2009

OPSUBoy2010 said:
I've called a few lawyers--none of the lawyers in town will agree to do a consultation because they don't want to go up against the university.

They actually TOLD you that? Or is that what you infer?

The university is a "deep pocket" and thus ripe for the picking if they are clearly in the wrong. If you cannot find a lawyer to take the case, I suspect that there is something wrong with the case. Or, the university is on some kind of arguably solid legal ground.

The university has made *very* clear that I am not to discuss what happened to me with anyone and that if I do I will be suspended/expelled from the university.

The statute you cited makes it a crime to dissuade a person from giving testimony (part of the legal process), not to dissuade you from telling others about the alleged offense.

This seems consistent with the law as cited above. Does this fit the definition of "willfully preventing" me from giving testimony, or as intent to prevent me from giving testimony, or intent to alter my testimony?

Only if you have been told not to speak to the authorities about it or you are being punished because of the report of the crime. Telling you not to speak to others would not appear to cover it. It seems that the university is trying to put a "gag" on the incident at the moment. Whether they have the legal right to apply that pressure, I cannot say. However, if you have really consulted attorneys for this and they have all declined to take the case, I suspect that the university has some legal basis for issuing the edict to you.

- Carl

Threatened by my College for Reporting Rape, PLEASE HELP

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