“I Want To Feel Safe”
Student Survivor Found the Justice She Needed with CAASE
At first, it looked like any other college date night: After a flirtatious text exchange, two classmates began the evening watching TV, drinking wine, and kissing. Before Jake came over, Kerri* explicitly told him that she’d recently had a bad experience with sex and was not looking for a casual hookup. If they were going to be physically intimate, she said, she needed him to ask for consent every step of the way. He agreed.
As they kissed, things began to escalate. Kerri paused and clarified that she didn’t have condoms. She said that if he wanted to have sex they’d need to go get some, but she was not comfortable having unprotected sex. He noted that it seemed like she didn’t really want to have sex, and she agreed. He said that was okay and they could do other things so they continued engaging in different acts of physical intimacy.
“After a few minutes, I was on top of him; we were kissing. Unexpectedly, he penetrated me without asking and began having penetrative sex with me,” Kerri wrote in a formal complaint. It was not consensual. “I didn’t feel present in my body while it happened.”
Jake stopped and Kerri went to the floor, shaken. He sat next to her and asked what was wrong. Kerri explained that she was shocked and confused at what he’d done since she had told him she did not want to have unprotected sex and did not indicate that she’d changed her mind.
“After we had spoken for a while, I asked something along the lines of ‘You didn’t finish, right?’ He said that he had, and he thought that had been obvious,” she wrote. “I was really upset because he had no prior knowledge of my birth control.” This experience was a dual violation. Not only had he penetrated Kerri with his penis without her consent, but he also put her at risk for infections and pregnancy without a second thought.
Kerri and Jake eventually went on a walk to talk about what had happened. She was reluctant to level accusations because she didn’t want Jake to perceive her as “oversensitive.” In the meantime, he repeatedly asserted that Kerri had “looked like” she wanted it.
Finding Help
The following days were a blur to Kerri, but she made a formal complaint to her school and initiated the sexual misconduct disciplinary process. It was clear that the road ahead would be complicated and likely overwhelming. That’s why Kerri connected with CAASE. Senior Staff Attorney Christina Zuba, who specializes in education matters, consulted with Kerri just minutes before her first interview with the school and accompanied her through the subsequent complex proceedings. After they interviewed Kerri and the other witnesses, the school put together an investigation report. Put simply, they compiled all the evidence from the case and sent it to both parties.
Next, each party responded in writing, highlighting and explaining anything that would make their cases stronger. Zuba used her expertise to help Kerri compose her response and prepared her for the school’s hearing—practicing questions and going over the case’s strengths and weaknesses. Together, they wrote a powerful statement to be read at the closing of the hearing.
In the end, Kerri received the accommodations she needed to continue her education as she experienced ongoing physiological and psychological symptoms as a result of the assault. Thankfully, the outcome of her complaint met another strong need. She explained in her closing statement, “I want to feel safe; I want to have my boundaries listened to and respected. I want everyone to feel safe and have their boundaries respected, and I hope that there are consequences for members of our University community who fail to adhere to its policy on consent.” When it came to Jake, she asked that the school issue disciplinary action to protect women in the future. She was relieved that he was put on disciplinary probation and had to participate in a professionally-led educational program focused on consent.
Standing with Students
According to Zuba, Kerri’s case is typical in many ways. For example, it’s common for both parties to have similarities and differences in their accounts—it’s rare for them to disagree on everything. It’s also common for the parties to be friends or acquaintances and for the survivor to freeze during the assault. And it’s common for the survivor to be overwhelmed by the process and need some assistance.
CAASE’s free, expert consultation and representation can make all the difference to a survivor. If you’re a student survivor of a sexual assault or harassment and want help navigating your options, or you think your school violated your rights, please contact us.
Will You Back Services for Survivors Like Kerri?
No student should have to navigate a complicated process to get help in the aftermath of sexual assault. CAASE can stand beside them every step of the way. We need your support to make this work possible. Please consider making a gift today so students like Kerri can get the legal assistance they need and deserve, completely free.
* Kerri is a pseudonym for a real woman represented by CAASE Senior Staff Attorney Christina Zuba. Stock photography was also used to protect her identity.
This piece was published on November 2, 2021 and updated December 3, 2021. It was authored by KT Hawbaker in consultation with Senior Staff Attorney Christina Zuba; Hayley Forrestal edited it. Learn more about our staff here.
