Reviewing State Legislative Agendas Regarding Sexual Assault in Higher Education

Abstract

Given the seriousness of campus gender-based violence, and the limitations regarding existing federal legislation, many states are considering new legislation to strengthen their college and university's policies regarding such violence. Using content analysis, the present research examined the proposed legislation from the 2014-2015 legislative cycle (N = 70) and identified themes regarding legislative aims. The range of merits and potential challenges pertaining to the bills proposed by state legislatures as well as those that were recently signed into law are then discussed. Recommendations for the proliferation of some regulations and caution regarding the extension of other legal mandates are provided. Keywords victim services, victimization, sexual assault, rape, qualitative researchSeveral decades of rigorous scholarship have demonstrated that sexual assault among U.S. college students is pervasive. For example, a 2006 victimization survey by Kilpatrick, Resnick, Ruggiero, Conoscenti, and McCauley (2007) generated a pastyear prevalence rate of 5.15% for rape among college women at one U.S. university, compared with a rate of .94% for women in the general U.S. population. Other victimization survey-based research regarding lifetime prevalence rates for sexual assault has demonstrated that 20% to 25% of U.S. college women experience a sexual

Widening the Lens: An Ecological Review of Campus Sexual Assault

“…The authors conclude that many state statutes are not well equipped to address campus sexual assault due to inadequate conceptualization of concepts like incapacitation and consent, both of which are often central to sexual assaults on campus. Richards and Kafonek (2016) examined all legislation related to campus sexual assault introduced in the 50 state legislatures in 2014–2015 and found that the most common themes were establishing or modifying policy (e.g., mandating affirmative consent standards or amnesty policies), increasing support for victims (e.g., establishing advocates or detailing accommodations), increasing information and awareness (e.g., displaying policies on websites), and establishing sexual assault training for employees and/or students. The authors conclude that some state legislation puts campuses in a bind because it is impossible to comply with federal and state legislation simultaneously.…”

Exploring Definitions and Prevalence of Verbal Sexual Coercion and Its Relationship to Consent to Unwanted Sex: Implications for Affirmative Consent Standards on College Campuses

“…Campus sexual assault has been labeled an “epidemic” [ 2 ], citing the high prevalence of sexual victimization found in studies. Perhaps due to this widespread attention, in recent years, there have been increased efforts to address campus sexual assault, including the previous White House Administration identifying it as a national priority [ 3 , 4 , 5 , 6 , 7 , 8 , 9 ]. Nonetheless, research suggests that a number of gaps in evidence-based programs and policies remain [ 6 ].…”

Examining Responsible Employees’ Perceptions of Sexual Assault Reporting Requirements Under Federal and Institutional Policy

“…Research is needed to examine the implementation and impact of institutional, state, and federal policy (Moylan & Javorka, ). While some policy efforts aim to increase options available to sexual assault survivors (e.g., expanding victim advocacy services), others may reduce survivors’ disclosure options and choices (Holland et al., ; Richards & Kafonek, ). Mandatory reporting policies for sexual assault in higher education can have significant implications for employees’ jobs and students’ lives.…”