I Was Sexually Assaulted on Campus in Tennessee; Can You Help?
It’s no secret that college is often described as a time of discovery, growth, and forging lifelong friendships. However, among all the different experiences that college brings, there’s a serious issue we need to talk about: sexual assault. Unfortunately, this issue is not confined to any region or city on college campuses. This brings us to the heart of the matter—why seeking legal assistance for victims of sexual assault on campus, whether you’re in Nashville or anywhere else, is absolutely vital.
The statistics are sobering. Research shows that one in five women in college experience sexual assault, a haunting number that affects so many of us. Nashville isn’t immune to this issue either. The comfort of campuses can sometimes obscure the harsh reality that these incidents occur more often than we’d like to admit. If a situation like this does happen, fortunately Rocky McElhaney can help.
The alarming statistics of sexual assault on university and college campuses
Let’s face the facts—what we’re about to dive into are not just numbers. They represent real experiences that real students, including those in Nashville, have faced. Sexual assault is a disturbing issue within educational institutions like colleges and universities. According to the Tennessee Department of Health, there were over 5,284 reported sexual assaults that happened in 2020 alone. These statistics also show that women tend to face a significantly heightened vulnerability to sexual assault and violence, as they accounted for more than 88% victims.
Another report presents a collection of additional distressing statistics:
- Sexual assaults happen mostly to college-aged women, between 18-24.
- The risk of assault peaks within a student’s first two months of college. The University of Tennessee at Chattanooga highlights this fact and calls it the “Red Zone.”
- Over 23% of TGQN (transgender, genderqueer, nonconforming) students have been victims of sexual assault.
- Male students between 18-24 years old are 78% more likely to be survivors of rape or sexual assault compared to those who aren’t in college.
When it comes to the Black community, the statistics become even more frightening:
- Black women at Historically Black Colleges and Universities (HBCUs) face more physical force in sexual assault, while predominantly white institutions (PWIs) report assaults when incapacitated by alcohol or drugs.
- At HBCUs, 90% of sexual assault victims knew their attacker.
Many sexual assaults on campus never get reported
Not everyone reports a crime like this, for quite a few different reasons. According to RAINN, the anti-sexual violence organization, data highlights that only 20% of college-age survivors choose to come forward to the authorities. As for the other 80%, they potentially could have fears of not being believed, concerns about privacy, potential repercussions, or the perception that the reporting process might not lead to a favorable outcome.
What this tells us is that the statistics we do have may be inaccurate, and the number of students who are assaulted each year may be far higher.
Colleges and universities are governed by Title IX
Title IX, established as a federal law in 1972, mandates that educational institutions receiving federal funding are prohibited from engaging in gender and sex-based discrimination. This pivotal law not only addresses sports-related matters, but it also provides protection to individuals affected by sexual harassment and assault on college campuses. This means that if you or someone you know is assaulted, colleges have a duty to take it seriously and address it properly.
Educational institutions, whether they’re in Nashville or somewhere else, have a big role to play. They’re responsible for creating an environment where everyone feels safe and respected, which means not just preventing incidents, but also acting swiftly if they do occur. It’s a commitment that schools make to their students, promising to prioritize their well-being and guaranteeing an environment free from fear. In fact, some Tennessee universities, like University of Tennessee-Knoxville, do their part by promoting Title IX and their policies surrounding sexual assault.
Starting the legal process after a Nashville sexual assault
Navigating the legalities following a sexual assault on a college campus can be overwhelming, but understanding the process can provide a sense of clarity during a difficult time. Title IX offers a framework that ensures survivors are protected and their concerns are addressed.
Here’s how it works:
- The institution starts an investigation after a report. Evidence is gathered, and credibility is assessed.
- The institution hires a lawyer if it doesn’t already have an attorney on staff to represent them. It is in your best interest to hire a lawyer as well – one that is not paid for by the university or college.
- Post-investigation, there is a hearing where both sides present evidence.
- A ruling is made determining whether a violation of Title IX occurred based on the evidence.
Usually, a Title IX hearing happens on the campus where the incident took place. The school’s Title IX office or a similar administrative body handles these hearings. The aim is to offer a familiar setting while ensuring fairness. However, the specific procedures and locations can differ based on the institution’s policies.
When to bring a legal case beyond the campus
While campus proceedings under Title IX address violations within the educational setting, survivors of sexual assault have additional legal avenues to seek compensation and justice beyond these measures.
Some of these pathways include:
- Civil lawsuit against perpetrator. Survivors can pursue civil lawsuits against the individuals responsible for the assault, seeking compensation for damages. These lawsuits focus on holding perpetrators accountable for their actions and seeking financial restitution for the harm endured.
- Civil lawsuit against the institution. Additionally, survivors may consider legal action against the institution if it failed to adequately respond to the assault, thereby spreading a culture of negligence. In cases where an institution disregards reports of assault or fails to provide proper support, survivors can seek justice by highlighting the institution’s accountability.
If you’re a victim of campus sexual assault in Nashville, remember that pursuing a case like this can be intricate, demanding professional expertise. Rocky McElhaney Law Firm is here to support you on this journey for justice. With firm locations in Nashville, Hendersonville, and Clarksville, reach out to us today by calling our office or filling out our contact form to schedule a free case evaluation.
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