Sexual Assault Advocate FAQs
This webpage is designed to provide guidance to common questions from survivors regarding receiving Sexual Assault Advocacy Services following sexual misconduct. Please reach out to HCWC for additional confidential questions at (512) 396-4357. Additional resources may be found here.
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Sexual Assault Advocacy Services
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What happens during an advocacy session?
Though we provide two types of advocacy services, legal and resource, each advocacy session is carefully tailored to the person seeking services. We will begin with a short intake if one has not previously been completed, and then go into the needs of the individual and different options they may pursue for that specific need.
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How are advocacy services different from counseling?
During advocacy services, advocates will provide guidance through legal processes having to do with the incident (e.g. protective orders, divorce and child custody, trials and hearings, etc.), and assistance with resources (e.g. government assistance programs, finding new housing and jobs, etc.). During counseling services, licensed counselors provide individual or group counseling to help process thoughts and feelings related to an incident or event that has occurred.
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Can I receive advocacy services if my case does not involve sexual assault, but does involve dating or domestic violence or stalking?
Yes! Though the services may potentially not be provided through the Bilingual Sexual Assault Advocate, the advocate will connect individuals to HCWC services, where other staff members will provide services to those whose cases involved dating and domestic violence or stalking.
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Can the Sexual Assault Victim Advocate provide court hearing accompaniment?
The Bilingual Sexual Assault Advocate will be able to provide accompaniment for court hearings and trials having to do with sexual assault cases.
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Can the Sexual Assault Victim Advocate provide Title IX accompaniment?
The Bilingual Sexual Assault Advocate will be able to provide accompaniment for Title IX hearings. It is important to note, the Bilingual SA Advocate will NOT be able to serve as an advisor for these hearings.
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Reporting
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How do I report to law enforcement?
You may report without seeing the Sexual Assault Victim Advocate, though you are welcome to visit before or after making reports. Survivors may report directly to the police by calling 911 or visiting a police station or report to Title IX for a campus investigation here.
The Sexual Assault Victim Advocate may provide information about reporting options, what to expect, and offer support throughout the process. The decision to report is entirely up to the survivor. The reporting process may include reporting to any or all the following entities: UPD, Title IX, and San Marcos PD. -
Do I have to report to the police to get a rape kit?
By law you are not required to report to the police to receive a SAFE (sexual assault forensic exam). The VAWA (Violence against Women Reauthorization Act) has made it easier for someone to maintain anonymity where they receive a code to identify themselves if they choose to report later.
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If I have reported the incident to Title IX Services, should I also report to the police?
In some situations, you may have the option to do both, but it is entirely your decision with how to proceed. A criminal investigation and an administrative investigation have two very separate purposes. Police seek to arrest and convict people of crimes when they have broken the law. The university has an obligation to investigate matters when someone has violated the Sexual Misconduct Policy and determine if disciplinary sanctioning is appropriate when holding individuals accountable for their actions.
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If I report to the police will the University find out?
Yes, but it depends on which police department. Campus police reports involving students, staff, and faculty are shared with the Title IX Office, which investigates sexual misconduct and determines what action, if any, is appropriate. This is not true of San Marcos Police Department. In both cases, police reports are public documents although a survivor’s name, identifying information, contact information and other private details can be kept confidential.
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What if I don't know who assaulted me?
There is value in having a sexual assault forensic exam performed, regardless of whether you know the identity of the perpetrator or perpetrators. Much needed medical attention, testing and treatment can also be given at the time of the exam. DNA evidence collected during the exam can play an important role in the case against the perpetrator and prevent future assaults from occurring if they are caught.
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If I don't have any physical injuries, is there enough proof?
Police gather evidence in many ways and in many instances statements, and witnesses are just as important as physical evidence. Most sexual assault do not result in external physical injuries, there may be internal injuries you cannot see, but you can also choose to have a SAFE (Sexual Assault Forensic Exam) to check for and collect DNA evidence.
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Confidentiality
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Are sexual assault advocacy services confidential?
Yes! Confidentiality means never revealing identifiable information. The Sexual Assault Victim Advocate is not required to report personal details to others, unless you provide written consent for them to do so.
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Are there any exceptions to confidentiality?
Yes. The Sexual Assault Victim Advocate is required to report statistical information to Title IX and Clery, but no personally identifiable information is ever shared without a signed release. The only instances in which personally identifiable information would be released without permission include instances of child abuse or neglect or abuse and/or neglect of a vulnerable person and/or situation involving imminent threat of harm to yourself or others.
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What statistical information is reported by the Sexual Assault Victim Advocate?
There are two reporting requirements for the Sexual Assault Victim Advocate in this case.
1) Under the Clery Act, individuals deemed to have significant responsibility for campus safety and/or campus activities are required to be Campus Security Authorities (CSAs). The Sexual Assault Victim Advocate has been deemed a CSA at TXST and must report Clery Act crimes using anonymized data in the goal of increasing campus safety. Although a CSA report does not result in automatic police action, it may result in a safety alert to the campus if there is significant risk to the campus. The information reported to Clery includes when the disclosure was made, the nature of the crime, as well as the approximate location, time and date of the crime.
2) Under the TXST Sexual Misconduct Policy, the Sexual Assault Victim Advocate must report aggregate data to Title IX such as the type of victimization, where it happened, and other non-personally identifiable information. -
Are advocacy records protected?
Records are protected and may not be provided to others without a release of information or a court order.
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