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STEVE CRANE JR is the Attorney that gets you justice for ABUSE and assaults occurring on college and university campuses.

SEXUAL ABUSE AND ASSAULT ON COLLEGE AND UNIVERSITY CAMPUSES | CIVIL LAWSUITS

STEVE CRANE JR SECURES JUSTICE FOR VICTIMS AND SURVIVORS OF SEXUAL ABUSE AND ASSAULT.

Attending a college or university is supposed to be “the best time of one’s life.” Students and those who visit college campuses should expect to be safe from sexual assaults. Unfortunately, sexual assaults continue to happen.

The Lansing State Journal reported that, in 2018, “Nearly 13% of female undergraduates at Michigan State University said they were sexually assaulted in the 2018-19 academic year.” In 2019, in response to the University of Michigan’s release of a “campus climate survey on sexual misconduct,” UM President Mark Schlissel publicly stated that “The number of sexual assaults and misconduct cases continues to be too high at UM, on college campuses across the country, and throughout our society in general.”

Steve Crane and his team are deeply committed and driven to help survivors recover whatever has been taken from them together with recovery for what they have suffered and lost as a result of sexual abuse and assaultive acts by another in their childhood or as an adult.

Steve is relentless in his pursuit of being the survivor’s champion. Why? What lit this intense fire in him?

Early in his life, Steve witnessed pre-teens and teens being bullied, hazed and attacked by other pre-teens and teens. The perpetrators attacked because they could. They had power and dominance, while the victims did not. For each attack, Steve stepped in and stopped it. Steve has always remained vigilant, highly insightful, compassionate, approachable, tolerant, and understanding the pain endured by others.

Steve is personally and professionally driven to help victims of past and present sex abuse, bullying, hazing and physical assaults to find safety, to recover and put their lives back together. He is truly a comforting light – assuring protection, and safety in addition to winning the financial compensation his clients deserve for their pain and loss.

If you are a victim or survivor of sexual abuse, you should contact experienced and respected attorney Steve Crane. He and his team can assess the facts of your case and help you in a trusted, private and secure manner determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, email or call us at (833) 855-4400.

What is Sexual Assault?

The term “sexual violence” encompasses sexual abuse, sexual assault, and rape (in Michigan aka criminal sexual conduct).

How Often Does Sexual Assault Occur on Campuses? Who is at-risk?

Every 73 seconds another American is sexually assaulted.

  • 1 out of every 6 American women has been the victim of an attempted or completed rape in her lifetime (14.8% completed, 2.8% attempted).
  • About 3% of American men—or 1 in 33—have experienced an attempted or completed rape in their lifetime.

All Statistical Information is taken from RAINN “Scope of the Problem: Statistics”

Sexual violence on campuses nationwide is pervasive.

  • 13% of all students experience rape or sexual assault through physical force, violence, or incapacitation (among all graduate and undergraduate students).
  • Among graduate and professional students, 9.7% of females and 2.5% of males experience rape or sexual assault through physical force, violence, or incapacitation.
  • Among undergraduate students, 26.4% of females and 6.8% of males experience rape or sexual assault through physical force, violence, or incapacitation.
  • 5.8% of students have experienced stalking since entering college.

Sexual violence is more prevalent on college and university campuses as compared to other crimes.

All Statistical Information is taken from RAINN “Scope of the Problem: Statistics”

The State of Michigan reports:

  • Around 1 in 5 women and 1 in 16 men are targets of attempted or completed sexual assault while they are college students.
  • About 85% of sexual assault crimes are committed by someone the victim knows– an acquaintance, friend, friend of a friend, dating or intimate partner.

See State of Michigan Campus Resources Book

Why College-Age Victims Choose Not to Report Assaults?

Often, college-age victims of sexual assault do not report the assault to local law enforcement because they:

  • Believed it was a personal matter
  • Had a fear of reprisal
  • Believed it was not important enough to report
  • Did not want the perpetrator to get in
  • Believe law enforcement authorities, the police, would not or could not do anything

Only about one in five student female sexual assault victims file a report with law enforcement. About one in three female nonstudents of college-age do file a report with law enforcement.

“About 1 in 6 college-aged female survivors received assistance from a victim services agency.”

For more information, see RAINN; “The Realities of Sexual Assault on Campus,”  (last visited Dec. 24, 2020)

Why Sexual Assault Happens on Campuses?

Sexual assault takes many forms: rape and attempted rape, groping, sodomy, forced oral copulation, indecent exposure, and non-consensual touching of any kind. In any capacity, these actions are wrong and illegal.
College campuses and universities are supposed to do whatever they can to keep their students safe from harm, but any of the following factors can contribute to a campus assault:

  • Allowing reports of hazing or illicit activity at off-campus events and Greek houses to go uninvestigated
  • Failing to enforce strict laws about underage and on-campus drinking
  • Failing to install cameras and other surveillance equipment
  • Failing to keep parking lots and campus pathways well-lit
  • Lack of training for campus security personnel
  • Not requiring sign-ins at college dormitories
  • Using older, outdated locks and security systems

 

Are Drugs & Alcohol Legitimate Excuses for Campus Sexual Violence?

A survey conduct by the Washington Post along with the Kaiser Family Foundation indicates heavy drinking is among the most meaningful predictors of sexual assault in college. However, it is not a defense for a perpetrator to say that he or she, or that the victim, was intoxicated or under the influence of drugs at the time of the assault. Intoxication takes away a person’s ability to consent to any sexual activity. Period!

Federal and State Law Regarding Sexual Assaults Occurring on Campus

Federal and state laws for rape, sexual violence, harassment, and any and all sex-related crimes give law enforcement the right to file and prosecute criminal charges, regardless of where the violence occurred. There are also laws aimed directly at sexual assault on college and university campuses:

  • Title IX, 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. It requires colleges and universities that receive federal funding investigate and adjudicate reports of sexual assault on campus.
  • The Cleary Act, 20 U.S.C. § 1092, initially was called the “Crime Awareness and Campus Security Act” but later renamed in memory of slain student Jeanne Cleary. The Cleary Act amended federal financial aid laws to require all participating colleges, universities, and post-secondary institutions to disclose campus crime statistics and security information (including sexual assaults).
  • Campus SaVE Act. Amended the Cleary Act to mandate extensive “primary prevention and awareness programs” regarding sexual misconduct and related offenses.
What Should You Do If Assaulted on Campus?

As the survivor or victim of assault, sexual battery or harassment take immediate steps toward protecting yourself.

Contact the police! If the abuse was physical and you wish to get a forensic medical examination done, you can ask to speak with a police officer directly from the hospital. Should you wish to pursue legal action, the police can forward your case to the county prosecutor’s office. If there is enough evidence to convict the individual perpetrator “beyond a reasonable doubt,” the county prosecutor will likely press criminal charges, resulting in arrest, possible prison time, fines paid to the state, probation, and registration as a sex offender.

Involving the police can create an official record of the sex crime, as well as potentially lead to the arrest of the perpetrator. The police can help you build your case by gathering evidence, interviewing suspects and collecting photographs.

Visit the campus doctor. A prompt visit (within 48 hours of sexual abuse or assault) to the doctor’s office could enable analysts to collect important evidence from your person. It could also give you the professional care and guidance you need during an extremely traumatic time. Hospitals, in particular, in Michigan know how to handle sex crime cases with courtesy and confidentiality. Have a trusted friend or family member accompany you for support. It is crucially important that you keep copies of records that can document your visit, as well as any medical bills.

Keep a journal of events. Many things are uncomfortable things are happening very quickly. A journal can help you remember and recall events as they happened.

Report it to your school’s Title XI coordinator. Filing a formal complaint places the onus to rectify the situation on the school or organization. College and universities are required under federal law to have in-place procedures which officials must all follow to investigate the claim. If they fail to take action, they can be held liable in criminal and civil court while the college or university can face heavy monetary penalties.

Contact Steve Crane at Crane Law. He will help you navigate your school’s Title IV reporting procedures for sexual assault. He will help in the psychological and emotional recovery. He will seek financial redress for the harm suffered. Victims of child sexual abuse may suffer losses in productivity, as well as enjoyment in life.

Filing a civil lawsuit against those who were, directly and indirectly, responsible for the abuse holds these parties accountable and works to provide victims with the financial security needed to get the help they deserve.

Who Can be Held Liable When a Sexual Assault Occurs on Campus?

Any student, teacher, school employee, or campus visitor needs to be held accountable for their actions. Campus and community law enforcement have the right to bring disciplinary actions and criminal actions against the person who commits the assault. Anyone who commits an assault should be expelled, and may be sentenced to jail. The perpetrator could also be held civilly liable for pain and suffering, medical expenses, lost wages, and other expenses associated with the attack.

In some cases, the individual student or person who committed the abuse may not have the funds to pay any judgements handed down in a trial. This is another important reason why colleges and universities also need to be held accountable for crimes that occur on their campuses.

Note: A criminal case generally proceeds first, but it depends on the circumstances of every case. If a defendant is found not guilty in a criminal case, a civil case can still be filed and prosecuted against your abuser, since the standard of proof in a civil case is lower than in a criminal case. Our attorneys can explain this in more detail.

In most instances, colleges and universities can be held liable for campus sexual assault if one or any of the following scenarios has occurred:

  • A university employee committed the act of assault
  • The assault happened on school-owned off-campus housing
  • The assault occurred during an on-campus activity, even if the activity was not sponsored by the college
  • The rape or assault occurred in a university fraternity or sorority house
  • The school’s negligence was the proximate cause of the victim’s injuries due to:
    • Insufficient or no security professionals on campus
    • Knowingly hiring teachers or staff with a history of sexual misconduct
    • Knowingly allowing sexual predators to remain in student dorms
    • Failing to take steps to make dormitories safe (re: sufficient lighting, locks, etc.)
    • Failing to investigate reports of sexual assaults on campus

 

Confidentiality and Privacy When Filing a Sexual Abuse Civil Lawsuit

In the college and university setting, you are entitled to privacy under Federal Law. When possible, Steve will file your case as “Jane or John Doe.” This can keep your identity private, while still allowing you to pursue the deserved justice. Contact Steve Crane and Crane Law now and be assured he and his team will discretely and in full confidence discuss your case.

Confidentiality and Privacy When Filing a Sexual Abuse Civil Lawsuit

The “statute of limitations” is a term used by courts to describe the maximum amount of time plaintiffs can wait before bringing a lawsuit. This time limit is set by state law and is intended to promote fairness and keep old cases from clogging the courts. In the publication of private facts cases, the statute of limitations ordinarily runs from the date of the first publication of the offending facts.

Because Michigan’s Wrongful Death Act does not include a statute of limitations, the statute of limitations for the underlying cause of action (i.e., negligence) applies. In the case of wrongful death actions based on general negligence, the statute of limitations is the general 3-year statute of limitations for injury to a person or property when reviewing. See Michigan Compiled Law 600.5805(2).

The statute of limitations varies for sexual abuse (which includes criminal sexual conduct and the broom-sticking of one’s rectum) and when the victim is a minor.

Michigan Compiled Law 600.5851b(1)(a) allows children (minors) until age 28 to file a civil lawsuit, or under section 5851b(1)(b), within three years of discovering the harm, whichever is later. See Michigan Compiled Law 600.5851b(1)(b).

MCL 600.5805(6) affords adult victims 10 years from the most recent incident of sexual abuse to bring a case against the abuser.

DISCLAIMER: The information in this blog is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Crane Law PLLC or Steve Crane, Esq. Neither your receipt of information from this website nor your use of this website to contact Crane Law PLLC or Steve Crane, Esq. creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.