Sparked by an incident at the University of Connecticut, the state government is strengthening its sexual assault laws.
“These instances come up that are unexpected, and we scratch our head and say, ‘Why don’t we have a law for this?’” said House Speaker James Aman, D-Milford, to the Hartford Courant.
In September 2005, University of Connecticut students Martin V. Piscottano, 19, Jared Skvirsky, 20, and Zak A. Brohinsky, 19, ejaculated onto a female student’s face and body while she slept in a dorm room. Because Connecticut’s present law defines sexual assault as requiring direct physical contact between the perpetrator and the victim, the three offenders cannot be legally charged with assault.
In October 2005, state politicians and activists advocated the closing of this legal loophole. In February 2006, lawmakers designed a bill to classify non-physical sexual offenses as assaults.
“This may actually force potential, as well as existing, sexual predators to understand that ejaculating on a person’s face is not in fact funny, normal, or an act that can easily be dismissed by a misdemeanor,” wrote the victim, who wishes to remain anonymous, to the legislature. “Although the refinement of this law will not improve my situation or case, at least I’ll be able to live at ease knowing that no other innocent person will be taken advantage of by both a sexual predator and by the law.”
The victim also wrote that the extended law would help ensure “the pride, self-worth, and safety of myself and other women victimized by thoughtless individuals such as the three men who sexually violated me and will only be convicted of a misdemeanor at best.”
The bill extends the definition of sexual assault from “sexual contact by force or threat of force” to include “sexual contact by emitting any substance from [the] genital area or anus.”
The Connecticut Senate voted unanimously for the bill on April 11. It now awaits approval from the House of Representatives and Governor M. Jodi Rell. House Speaker James A. Amann expressed support for the bill, and the chamber will vote before it adjourns on May 3.
The criminal cases are still pending for Piscottano, Skvirsky, and Brohinsky, who is the son of University of Connecticut Relations Director Scott Brohinsky. They were formally charged with disorderly conduct and public indecency and all three have been expelled from the university.
As reported in the Hartford Courant, co-chairman of the Legislature’s Judiciary Committee Rep. Michael P. Lawlor said that the assault bill would classify similar future offenses as fourth-degree sexual assault, constituting a Class A Misdemeanor that is punishable by up to one year in prison, a $2,000 fine, or both.
“This would make clear what everybody thought was already the law,” said Sen. Andrew McDonald, co-chairman of the judiciary committee with Lawlor, to the Hartford Courant. “But for this extraordinary situation that came out of UConn, I don’t think anybody thought we’d need legislation like this.”
According to a 2000 study by the U.S. Department of Justice and the National Institute of Justice, approximately 25 percent of female college students are sexually assaulted during their time in college.
Wesleyan’s Code of Non-Academic Conduct defines and prohibits sexual misconduct as “including, but not limited to, sexual harassment, sexual assault, coercion, and threats or use of force.” Official complaints of sexual assault are heard by the Student Judicial Board (SJB), which is composed of a voting membership of seven undergraduate students and an advisory membership of two faculty members and the Dean of Student Services. The University’s Sexual Harassment Policy also encourages students to resolve their cases informally.
“Experience has demonstrated that most sexual harassment concerns or complaints, whether perceived or real, can be resolved by prompt, nonlegalistic intervention,” reads the policy. “Frequently, the problem ends once the person whose conduct has offended someone is made to realize that this is the case. [Wesleyan] reserves the right to terminate its processing of a formal sexual harassment complaint if the complainant submits the complaint to an external agency.”
“[The sexual misconduct policy] is likely to be reviewed in the context of new state laws,” said Medical Director of the Health Services Department Peter Davis Smith.
According to the University’s most recent Uniform Campus Crime Report, in 2002 the campus experienced nine incidents of sexual offense, both forcible and non-forcible. In 2003, five incidents occurred. In 2004, one incident occurred.
“Any sexual assault constitutes a considerable problem. Very few are reported on this campus. Incidents covered by previous definitions were very under-reported,” Smith said.