Defining types of sexual assault

Editor's Note

The Parthenon conducted research on sexual assault in October and November. Reporters looked into not only facts but also myths concieved on the subject of sexual assault. Reporters talked to Marshall University students, Marshall University and Huntington police departments and organizations designed to help those who have suffered from this crime. While many shy away from this taboo topic, it is one that should be discussed so students can become aware of situations that could lead to sexual assault. Also, we hope to educate students on not only what sexual assault is, but also how officials in Huntington handle this issue and inform students of  help they can receive if they are victimized and bring understanding that this can happen to anyone.

Sexual assault is a common term, but the types of sexual assault are very specific and can range anywhere from forced intercourse to sexual contact.
Tom Plymale, prosecuting attorney for Wayne County, listed the categories.
"There are a number of degrees of sexual assault and sex crimes," Plymale said.  "It starts out at the top as first degree sexual assault.  If it is an adult victim, it is a crime that is done with force or threat of force. If you look under the sections with regard to these crimes, there are a number of definitions that describe what sexual contact is, what intercourse is. Intercourse accomplished by force or threat of force is first degree."
According to West Virginia's state code, sexual abuse is sexual contact without consent and with force or the threat of force, or with a mentally incapacitated person, someone physically helpless or with someone under the age of 16 when the offender is four years older than the victim. Sexual assault is listed as sexual intercourse or intrusion without consent, with force or threat of force, or with victims under age 16 when the offender is older than 16, or if the offender is 14 and the victim is younger than 11, or if the victim is mentally incapacitated or physically helpless. 
Under this code, sexual intercourse is vaginal, anal or oral penetration.
West Virginia's state code includes sexual assault by a spouse by force or threat of force.
The highest level of sexual assault carries a sentence of 15 to 35 years in prison.
If someone is assaulted, Plymale said often the person first goes to the hospital, and the hospital notifies the police.
"There's a mandatory duty to report," Plymale said. "If someone walked into an emergency room and said ‘I've been sexually abused,' they are obligated to call the police."
Plymale said there are important things a victim can do to help his or her case.
"Be prompt and be completely forthright," Plymale said. "When I say that, none of us like to tell things about ourselves that may look bad. In other words, a woman may put herself in a compromising situation, like by going to a guy's apartment for example. It doesn't look good, but you need to be honest and tell us everything that happened.  It makes our job a lot easier.
"Evidence will disappear and people's memories and stories will change," Plymale said. "The sooner we get investigators talking to all the potential witnesses, the sooner we lock them into what happened.  That way stories don't change."
Officer Scott Ballou of the Marshall University Police Department said sexual abuse is one of the most unreported crimes on campus and reporting it quickly is important. He agrees that if it is being reported, doing it quickly is important.
"Evidence is key in sexual assault," Ballou said. "If we can obtain sheets or clothes, stuff like that, that's a huge part of the investigation."
Plymale said on all the charges except one, there is no legal time limit on when a victim can report a sexual assault crime. He said a third degree sexual abuse case is a misdemeanor and has a limit of one year, all others are felonies.
"As a practical matter, you can imagine the longer you wait, if there was any evidence, it's not going to be gathered," Plymale said. "If a rape kit is not done within a very short period of time after the act was alleged, you're not going to get any physical evidence you can use, absent an article of clothing that might have semen on it or something like that."
Plymale said occasionally people decide to drop their case. He said victims are subjected to a great deal of scrutiny and if they have little evidence, the victims are sometimes reluctant to pursue it.

   Jennifer Chapman can be contacted at eastham1@marshall.edu.