Sex assault victims ask panel for legislation
15% of undergrads at UT report rapes; defining consent eyed
AUSTIN —The University of Texas on Thursday confirmed that 15 percent of undergraduate females at UT-Austin report being raped.
The figure is included in a report on sexual assaults at the UT system’s 13 campuses across the state that officials said will be released in the coming weeks.
That finding came as rape survivors from universities across Texas shared their stories with a state Senate committee Thursday, asking lawmakers to pass legislation that would define consent and make it easier for victims to report assaults.
Sen. Joan Huffman cited the assault numbers from a University of Texas study. A spokesman for the university confirmed the number and said UT is expected to release a comprehensive report
in the coming weeks.
“Sen. Huffman accurately cited a fact from the survey, that 15 percent of undergraduate females at The University of Texas at Austin report having been raped, either through force, threat of force, incapacitation or other forms of coercion such as lies and verbal pressure,” UT spokesman J.B. Bird wrote in an email.
“The survey includes a wide range of statistics across multiple campuses, looking at rape, sexual harassment and other forms of misconduct. These findings, which reflect problems endemic to our society, are highly disturbing. UT Austin is committed to addressing sexual misconduct by speaking about it openly and developing programs and initiatives to end sexual violence, change behaviors and discipline offenders.”
The email included a comment from UT-Austin President Gregory L. Fenves: “The first injustice committed in every assault or inappropriate behavior is the act itself, but the second injustice is often the silence of the community surrounding the survivor. We must not be silent anymore and we must not be afraid to face the very real problems that exist at our university and in society in general.”
The legislative hearing and confirmation of the report came one day after a federal appeals court overturned the 2015 sexual assault conviction of a former Baylor University football player.
Several of the bills targeting campus rape were filed as a result of last year’s sexual assault scandal that tarred Baylor’s resurgent football team and led to the firing of its popular football coach and the resignation of the private school’s president. The most recent federal lawsuit filed against the university alleges at least 52 rapes were committed by more than 30 Baylor football players.
‘Affirmative consent’
Among the bills discussed Thursday were measures that would define “affirmative consent,” allow electronic anonymous reporting of rapes at universities and provide amnesty to students who report incidents of sexual assault.
The House Higher Education Committee held a hearing Wednesday on three other bills targeting sexual assault on college campuses, including one that would require schools to create a comprehensive prevention and outreach program on sexual assault, family violence and stalking.
A bill by Sen. Kirk Watson, DAustin, would define and codify consent standards on campuses.
“The absence of no does not mean yes,” Watson told the committee Thursday.
Witnesses said the need for a uniform definition of consent was highlighted by a state appeals court’s decision Wednesday to overturn former Baylor football player Sam Ukwuachu’s sexual assault conviction. The conviction was overturned when a three-judge panel ruled that text messages between Ukwuachu’s accuser and friend suggested consent by the accuser and should have been used as evidence in his trial.
Affirmative consent means that there must be explicit consent obtained before engaging in any sexual activity. That consent must continue throughout the sexual encounter and may be withdrawn at any time.
Several universities, including Texas State University, the University of North Texas and the University of Texas-Tyler, already have affirmative consent policies on the books, but Watson said the bill would “streamline affirmative consent policies” and ensure they are not overlooked in student handbooks.
‘Stop protecting my attacker’
A national survey of students attending top universities last year found that almost 1 in 4 female students and nearly 6 percent of male students said they were victims of sexual assault or rape.
Baylor student Paige Hardy told lawmakers she was sexually assaulted and voiced her support for Watson’s electronic reporting bill.
“If I didn’t call the police within minutes of my attack, I must be lying,” Hardy told lawmakers, saying that sexual assault survivors often are blamed for their rapes. “Please stop protecting my attacker. Please stand up and do what is right.”
The committee also heard Huffman’s anti-rape bill, cosponsored by Watson, that would require school employees and certain student leaders to report instances of sexual assault within 48 hours of becoming aware of the incident. The bill would penalize staff and students who fail to report.
“I realize these reporting requirements may be the most stringent in the country,” Huffman said. “Texas must lead the way.”
The prevalence of false reporting is between 2 and 10 percent, according to a 2012 report from the National Sexual Violence Resource Center.
Huffman said her legislation does not address false reporting and that if an eyewitness was required for all incidents of sexual assault, rapists would rarely be caught and brought to justice.
The higher education committee left the bills pending on Wednesday, and all four sexual assault bills heard Thursday were left pending in the Senate state affairs committee.