Mock Sexual Assault Trial Held in Sunbury
On April 18, 2017, Transitions hosted a mock sexual assault trial at the Northumberland County Courthouse. It was well-attended, with a full courtroom of approximately 100 people. This was a public event and invitations were distributed widely to high schools and colleges in the area as well as community organizations. The mock trial was created by the DC Street Law Clinic through Georgetown University. Actors were provided with statements given by their characters but otherwise improvised during the trial. The two attorneys spent the most time preparing for the trial. There was only one rehearsal prior to the event.
This mock trial was created in 2009, but the issues it raises continue to be relevant. College students are at a higher risk of being victimized; statistics state 1 in 5 women and 1 in 16 men are sexually assaulted while in college. There has been a lot of discussion in the past few years about sexual violence on college campuses, including from then-President Barack Obama, a documentary, sexual discrimination under Title IX, and the list goes on.
We brought this particular mock trial to our area because it is relevant to the Susquehanna Valley. Within a couple hours driving distance, there is Bucknell University, Susquehanna University, Bloomsburg University, McCann School of Business, Luzurne County Community College, Penn College of Technology, and this list is not exhaustive. As a community, we send our 18 year olds to the military, to college, off into the world independently, often without having enough conversations about communication and consent.
Consent was the issue that the mock trial verdict, and often verdicts in real sexual assault trials, turned upon.
Can someone say no if they had previously had consensual sex with the other person?
Yes, consent is not a one-time contract. Each interaction and each type of contact should be consented to by all parties.
Can someone verbally say no, but say yes with their body language? No means no and if someone verbally says “no” or “stop,” then do so. STOP.
Can someone consent when alcohol is involved? One of the aggravating factors that can cause rape to be charged, as opposed to a lesser charge of sexual assault, is when a rape occurs “Where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.” Alcohol and consent do not mix. Alcohol can impair judgment quickly, and don’t you want your sexual partner to be using their best judgment when they chose to have sex with you? Survivors of alcohol-facilitated sexual assault experience the same rate of PTSD and depression as survivors of forcible rape. Alcohol assisted sexual assault is one of the most underreported crimes.
After all of the evidence was presented, the jury voted 3 to 9 for a not guilty verdict on 1st degree sexual abuse, 4 to 8 for a not guilty verdict on 3rd degree sexual abuse and 12 to 0 for a guilty verdict on misdemeanor sexual abuse. Although these charges are fictitious for the purpose of the mock trial, they are similar to the PA charges of rape, sexual assault and indecent assault.
When the mock trial concluded, Transitions CEO Susan Mathias spoke about these issues of consent, alcohol, and the responsibility we all have to be educated about sexual violence since any of us could be called upon to be part of jury hearing this type of case.
She discussed that according to 18 PA Code Sections 3121 and 3123 – First Degree Felony - Rape and Deviate Sexual Intercourse – someone cannot have sex with another person who is in and out of a consciousness. She also discussed 18 PA Code Section 3124 – Sexual Assault, which is much easier to prove, carries 2-3 years in state prison with a conviction. Specifically under the sexual assault section, a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without their consent.
Susan also discussed that we need to believe victims when they disclose that they have been sexually abused. She discussed supposed false reports of rape, which are estimated to be between 2-8% of reports.
Susan also explained the number of times that victims need to state their account of what happened to them—to their friends, to the hospital, to the police, to the court system, etc. Having to relive this traumatic experience over and over, might not be worth it to victims. When victims report, there is still a chance that their rapist will not serve any jail time.
In 2016, there were 85 reported sexual offenses in Northumberland County, according to the Uniform Crime Report.
Submitted by Katy, with comments from Susan Mathias.
This mock trial was created in 2009, but the issues it raises continue to be relevant. College students are at a higher risk of being victimized; statistics state 1 in 5 women and 1 in 16 men are sexually assaulted while in college. There has been a lot of discussion in the past few years about sexual violence on college campuses, including from then-President Barack Obama, a documentary, sexual discrimination under Title IX, and the list goes on.
We brought this particular mock trial to our area because it is relevant to the Susquehanna Valley. Within a couple hours driving distance, there is Bucknell University, Susquehanna University, Bloomsburg University, McCann School of Business, Luzurne County Community College, Penn College of Technology, and this list is not exhaustive. As a community, we send our 18 year olds to the military, to college, off into the world independently, often without having enough conversations about communication and consent.
Consent was the issue that the mock trial verdict, and often verdicts in real sexual assault trials, turned upon.
Can someone say no if they had previously had consensual sex with the other person?
Yes, consent is not a one-time contract. Each interaction and each type of contact should be consented to by all parties.
Can someone verbally say no, but say yes with their body language? No means no and if someone verbally says “no” or “stop,” then do so. STOP.
Can someone consent when alcohol is involved? One of the aggravating factors that can cause rape to be charged, as opposed to a lesser charge of sexual assault, is when a rape occurs “Where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.” Alcohol and consent do not mix. Alcohol can impair judgment quickly, and don’t you want your sexual partner to be using their best judgment when they chose to have sex with you? Survivors of alcohol-facilitated sexual assault experience the same rate of PTSD and depression as survivors of forcible rape. Alcohol assisted sexual assault is one of the most underreported crimes.
After all of the evidence was presented, the jury voted 3 to 9 for a not guilty verdict on 1st degree sexual abuse, 4 to 8 for a not guilty verdict on 3rd degree sexual abuse and 12 to 0 for a guilty verdict on misdemeanor sexual abuse. Although these charges are fictitious for the purpose of the mock trial, they are similar to the PA charges of rape, sexual assault and indecent assault.
When the mock trial concluded, Transitions CEO Susan Mathias spoke about these issues of consent, alcohol, and the responsibility we all have to be educated about sexual violence since any of us could be called upon to be part of jury hearing this type of case.
She discussed that according to 18 PA Code Sections 3121 and 3123 – First Degree Felony - Rape and Deviate Sexual Intercourse – someone cannot have sex with another person who is in and out of a consciousness. She also discussed 18 PA Code Section 3124 – Sexual Assault, which is much easier to prove, carries 2-3 years in state prison with a conviction. Specifically under the sexual assault section, a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without their consent.
Susan also discussed that we need to believe victims when they disclose that they have been sexually abused. She discussed supposed false reports of rape, which are estimated to be between 2-8% of reports.
Susan also explained the number of times that victims need to state their account of what happened to them—to their friends, to the hospital, to the police, to the court system, etc. Having to relive this traumatic experience over and over, might not be worth it to victims. When victims report, there is still a chance that their rapist will not serve any jail time.
In 2016, there were 85 reported sexual offenses in Northumberland County, according to the Uniform Crime Report.
Submitted by Katy, with comments from Susan Mathias.
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