Rape and Indecent Assault and Battery

According to Massachusetts General Laws, Chapter 265, Section 22, rape is defined as follows:

Having sexual intercourse or unnatural sexual intercourse with a person and compelling such person to submit by force and against his/her will, or compelling such person to submit by threat of bodily injury….

Rape may occur between people who know each other and between people who have previously had consensual sexual relations. Also, under Massachusetts law, both men and women may be the victims or the perpetrators of rape. If a perpetrator intentionally has physical contact of a sexual nature with the victim without the victim's consent, the perpetrator can be charged with the crime of indecent assault and battery. Such contact may include touching a woman's breasts or buttocks, or touching the pubic area of a man or woman. Indecent assault and battery is a felony that may be punishable by up to five years imprisonment.

If you are uncertain as to whether a situation constitutes a rape or indecent assault and battery, please consult with either the HUPD, the Office of Sexual Assault Prevention and Response (OSAPR), Harvard University Health Services (HUHS), your Resident Dean, a designated Sexual Assault/Sexual Harassment (SASH) Adviser, or other helping resource to get information and support and to determine whether a crime has been committed.

Massachusetts General Laws and University policy seek to protect victims of rape, sexual assault, and other sex offenses, and they encourage the reporting of such crimes to responsible University officials. These officials include HUPD, OSAPR counselors, HUHS counselors, SASH Advisers, your Resident Dean, or any other University counselor. Reporting the incident to local police is also an option, and assistance is available in notifying these authorities.

If you have been the victim of a rape or indecent assault and battery, the HUPD strongly recommends one of the following:

• Call the HUPD at 617-495-1212 or 617-432-1212 (Longwood Campus) to report the incident. HUPD can arrange for an officer to transport you to HUHS, whether or not you decide to file a police report. You may call and request transportation to HUHS without divulging that you have been raped or sexually assaulted. Simply request a medical transport to HUHS and an officer will respond.
• Call the Office of Sexual Assault Prevention and Response at 617-495-9100. OSAPR provides 24-hour-a-day, confidential support and information to student survivors of sexual violence over the phone or in person. The OSAPR staff is trained to provide options, listen supportively, and provide referrals to services on campus and off-campus. Seek medical assistance weekdays at HUHS, Holyoke Center, 617-495-2138, or evenings and weekends at HUHS/After Hours Urgent Care, Holyoke Center, 617-495-5711. Seek counseling assistance weekdays at HUHS Urgent Care, Holyoke Center, 617-495-5711, or evenings and weekends at HUHS/After Hours Urgent Care, Holyoke Center, 617-495-5711.