Does this case meet the legal definition of sexual assault? If yes, what type?

What Is Sexual Assault? Cindy’s Story

You have been working as a counselor at a university counseling center. Cindy—an 18-year-old college student—has come to see you because she is failing most of her classes. She recently took her midterm exams and did not pass any of them. In addition, she did not even take two of the exams. She graduated at the top of her high school class, even receiving an academic scholarship covering the majority of her tuition. She reports that she is in jeopardy of losing her scholarship. She is also concerned because her grades will be sent home to her parents in the next few weeks. They have always expected her to excel in school, and she feels they will be very disappointed with her, possibly even insisting she return home to her small rural town, which she was trying to escape.

At your first meeting with Cindy, she also reports that she is having trouble going to her classes because she is sleeping through most of them. She reports wanting to sleep all the time, having a depressed mood, and avoiding her friends, who have convinced her to attend counseling. Cindy’s appearance is disheveled, and she is wearing what seem to be dirty clothes.

During the first two sessions, Cindy cries frequently and rarely shares information. Finally, she reveals to you that a couple of weeks ago she went on a date with Dennis, a guy from her sociology class, whom she has been interested in dating since the beginning of the semester. Although Cindy reports that she is not a big drinker, she had a few glasses of wine at dinner. They were having a great time, talking and laughing. She accompanied Dennis back to his dorm room, where they laid on his bed and began kissing. Dennis offered her another drink, after which she became dizzy and thinks she passed out. She is uncertain if she agreed to sex with Dennis, but is convinced her willingness to go to his dorm room indicated to him that she wanted to have sex. She was shocked when she woke up in the hallway outside her dorm room, missing her underwear and feeling sore in her private area. Later that day, she received several text messages from Dennis, who wanted to see her again. When she responded that she was not interested, his next few texts became increasingly hostile. When she asked him to stop and not contact her again, he sent her a video of their sexual encounter. He told her that if she didn’t have sex with him again, he would upload the video on social media sites. She is considering meeting him but is terrified he will harm her.

Discussion Questions

1. Does this case meet the legal definition of sexual assault? If yes, what type?

2. What are the issues with consent in this case?

3. In this situation, how would you proceed with Cindy?

4. What are the legal and ethical guidelines that will drive your work with Cindy?

5. With a peer, role-play implementation of the task model for crisis assessment and intervention featured in Chapter 1.

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