Alcohol, drugs factor into assaults
DRUGS from page 1
Alcohol and drug use greatly con
tribute to violent crime, they said.
Among college students nation
wide, 73 percent of the assailants and
55 percent of the victims in sexual
assaults had used drugs, alcohol or
both immediately before the assault
' occurred, according to the American
Medical Association.
“In most cases of sexual assault,
the perpetrator has been drinking or
using drugs and occasionally the vic
tim as well,” Lincoln Police Chief
Tom Casady said.
The involvement of alcohol and
drugs in sexual assault cases adds to
the prevalent feelings of guilt sexual
assault victims often feel, said Teresa
Rudnick, a sexual assault services
coordinator for Lincoln’s Rape and
Spouse Abuse Crisis Center.
“It is a common scenario in cases
of rape - women go through stages of
blaming,” she said. “If she was drink
ing, those may be worse.”
Under law, if the person commit
ting the sexual assault knew or should
have known the victim, was incapable
of resisting or appraising the situation
- even if he or she thought it was a
consensual act - a sexual assault has
occurred.
When someone is intoxicated, the
line between what happened and what
the victim and offender thought hap
pened becomes blurred, Rudnick
said.
“A big issue they run into in their
healing process is, say, if they don’t
have complete memory of what hap
pened to them, the mind will tend to
fill in those blanks,” she said. “They
are getting memo-_
local sexual assaults
In 1998, the Lancaster County Attorney’s
Office filed 77 counts of sexual assault.
■ Seven counts of first-degree sexual assault
■ Thirty-seven counts of third-degree sexual
assault
One count of attempted first degree sexual
assault
8 Four counts of attempted third-degree sexual
assault
■ Twenty-eight counts of varying crimes
involving attempted sexual assault or sexual
assault of a child
Source: Lancaster County Attorney’s Office
Jon Frank/DN
consented even though they may have
not consented,” Colburn said. “That
makes it much more difficult for us to
prosecute as a case.”
Colburn said the most common
defense in sexual assault cases
involving alcohol or drugs is that the
victim consented. One way for vic
tims to gain credibility, he said, is to
report the crime immediately, and
keep all evidence intact. Physical evi
dence, such as semen or hair samples,
is harder to obtain as days and weeks
go by and memories may fade.
Memories can fade even if the
_victim was not
nes back in pieces
and fragments and
trying to piece all
those together like
a puzzle.”
It’s hard for
victims to tell
whether they’re
imagining the
ci^ime or just
remembering it. So
when alcohol and
c^rugs impair judg
ment, or the victim
feels guilty, the
odds of the victim
reporting the crime
and of the aggres
sor being prosecut
ed can change, she
said.
“That makes
the prosecution
that much harder
when the person
who would be the
key witness does
n’t remember
What is assault?
All three degrees of sexual assault have the
underlying premise that if the person
committing the sexual assault knew or should
have known the victim was incapable of
resisting or appraising the situation, a sexual
assault has occurred. -
First-degree sexual assault:
This occurs when there is sexual penetration
without consent of the victim; it also occurs
when the actor is 19 years or older and the
victim is less than 16 years old.
Penalty: Class II felony carrying a sentence
of 1 to 50 years in prison.
Second-degree sexual assault:
A person commits this if they subject another
person to sexual contact without consent of
that person, and causes that person serious
personal injury.
Penalty: Class III felony carrying a sentence
of 1 to 20 years in prison and/or a $25,000
fine.
Third-degree sexual assault:
A person commits this if they subject another
person to sexual contact without consent, but
does not cause serious personal injury.
Penalty: Class I misdemeanor carrying a
sentence of no more than one year in jail
and/or a $1,000 fine.
heavily intoxicat
ed, Casady said.
Although very
few local rape
cases has
involved
Rohypnol,
dubbed the “date
rape drug,” it
could present a
serious threat.
Rapists most
commonly use
Rohypnol by slip
ping it into unsus
pecting people’s
drinks. The pow
erful drug can
make victims
weak and uncon
scious for several
hours. During
this time they
may be raped or
assaulted but not
remember it, or
only remember
parts.
everything that
happened,”
Rudnick said. “That also plays a part
in their deciding whether or not to
report it.” **'•
. , The Lincoln Police. Department
investigated 103 reported cases of
rape in 1998. In Nebraska, rape is
considered a first-degree sexual
- assault. No actual “rape” charge
exists. *
Testimony in a sexual assault case
also is affected if either the victim or
the offender was under the influence
of alcohol or drugs at the time ofthe
crime, Chief Deputy Lancaster
County Attorney John Colburn said.
“As with any witness’ ability to
recollect and recall events, if that’s
impaired, that has an effect on their
credibility of testimony,” he said.
Colburn said a victim’s impair
ment may vary slightly after a few
drinks, but a victim who had befn
drinking all night may not realize
what was happening. When he or she
recalls the crime in court, ambiguity
may surface. Ambiguity in testimony
gives the defense a chance to attack
the victim’s credibility, he said.
“If someone has drank a lot, but
not passed out, that opens up the
defense to make arguments that they
We do not catch every problem,”
Zatechka said. “We wish we did.”
He constantly worries about the
safety of students in the residence
halls, despite safeguards.
National 1997 statistics from the
U.S. Department of Justic^state that
women under the age of 25 make up
52 percent of all rape and sexual
assault victims. Women in the same
age group make up almost all dorm
residents.
If a residence hall student com
mits a sexual assault or any serious
crime, he or she gets kicked out of the
residence halls. UNL kicks out four
or five students each year, Zatechka
State MIP penalties include ,
diversion program, fines
■ Across Nebraska, there is no
consensus among officials as to whether
certain programs work better than others.
By Shane Anthony
Staff writer
A mere three months from her 21st birthday, Jami
Konzak got busted.
The junior finance major was on her way home from
a party on an August evening. Police stopped a car she
was a passenger in and found a 12-pack of beer at her
feet.
MIP.
“I thought I was so innocent since it was so close to
my birthday,” she said. It was her first offense, but she
decided to plead guilty. Because of classes and a busy
work schedule, she chose to pay a $230 fine instead of a
diversion program. She chose to pay in dollars rather
than time.
But the cost minors pay for violating state liquor
of about $110. If the offense involved driving, Cundall
could revoke the minor’s license or restrict it.
If the minor got in trouble again during the six
month program, the County Attorney would still prose
cute on the original charge and the new charge, she said.
Anne Robbins supervises a similar program in North
Platte for Lincoln County cases through the Boys and
Girls Home of Nebraska. Minors there pay $125 for a
diversion program that includes videos, classes and pos
sibly a defensive driving course if necessary. They meet
with case supervisors once every couple of weeks after
the first 12 weeks, she said.
She said diversion can help.
“Most of the kids do very well,” she said. “I think a
lot of kids are really scared when they first get picked
up, and they come in. They’re going to get out of it what
they put into it. At least we can maybe get them to talk
about things and see things from a different perspec
tive.”
Meyer, one of the deputy county attorneys who
refers cases to Robbins, agreed.
“I think (diversion programs) are effective for the
individual involved momentarily,” he said. “There aren’t
a whole lot of 17-, 18-, and 19-year-olds who want to go
laws varies across the st^te. So do
opinions about how effective punish
ments areX
In Lancaster County, fines and jail
time for those who do not choose pre
trial diversion run the gamut of the
allowed fines or jail time said Mike
DeJoseph, a deputy county attorney.
The severity of the punishment
depends on the crime, he said.
If the offense occurs in the city of
Lincoln, the minimum fine under city
ordinance is $175.
In Cass County, Deputy County
Attorney Rick Fedde said, the first
offense is usually punished by a fine
only. The second could result in jail
time, he saiclfeut ©unfstanents depend
66-—
If they want
to drink, most kids
aren’t going to alter
their behavior
because of being
prosecuted”
Steve Mercure
Johnson County attorney
to jail.
But Meyer said he does share
some of Mercure’s skepticism about
affecting other minors’ attitudes.
“My guess is, based on the number
of cases we see, there’s probably not a
whole lot of deterrent effect,” he said.
Said Mercure: “I have long ago
given up the idea that I’m reaching
many kids. If they want to drink, most
kids aren’t going to alter their behav
ior because of being prosecuted. Kids
who are going to drink are probably
going to drink. They don’t weigh the
consequences of MIP.”
In 20 years, he said, he has seen
few changes in attitudes about MIP
and minors.
largely on the facts of the case.
Minors who get caught in possession of alcohol in
Lincoln County can expect about a $200 fine for the
first offense, barring pretrial diversion, said Jeff Meyer,
a deputy county attorney. The second offense usually
results in two days in jail. The third offense, he said, nets
seven to 10 days, and the fourth offense means 30.
' “I haven’t come across a fifth offense,” he said with
a chuckle.
All three counties - Lancaster, Cass and Lincoln -
offer some form of pretrial diversion if the minor meets
requirements. Diversion is a one-time shot, though. If a
minor has gone through diversion for any offense before
the MIP, charges will be filed.
Minors caught in Johnson County, though, don’t
have-that option. Minors older than 16 face a criminal
complaint, County Attorney Steve Mercure said.
“I’ve never been enamored with pretrial diversion,”
he said. “They don’t change their behavior because of
being in pretrial diversion.”
Janet Cundall, director of Cass County’s diversion
program, disagreed - to a point.
“It may not keep them from drinking, but it may
make them more aware of who they are and who they’re
associating with,” she said.
The program she directs may include visits to
- Alcoholics Anonymous classes, time spent observing
court proceedings and educational classes - all at a cost
v * • . •' v- i . • . j, * ’ 7. • •
His job, he said, is to try to alert young people to the
hazards of alcohol use. Parents play a much more impor
tant role in educating their kids - especially by example,
he said.
“Most impact comes from adults in their lives,” he
said. 1 ,
Lancaster County’s DeJoseph said he did not really
know how punishments and programs affect minors.
Cass County’s Fedde said the outcome depends on
the youths involved.
John McQuinn, chief prosecutor for the city of
Lincoln, also shied from saying how effective court
measures can be, although some benefits may be
derived from pretrial diversion for first-time offenders,
he said.
One way or another, he said, the message has to get
out. ~
“Minors need to stay away from alcoholic bever
ages,” he said. “I realize that’s a vain hope, given the use
of alcohol in our society, whether it’s among adults or
whether it’s among minors.”
Konzak said her experience did not stop her from
drinking, but it did make her think more about how eas
ily one can be caught. She is now able to drink legally,
but she did have one piece of advice for minors who
choose to imbibe:
“If you’re going to think you’re old enough to drink,
then you’ve got to pay the price that goes with it.”
said. -* ijfP ' «r •
Crime victims in the residence
halls have options including counsel
ing sessions to help them cope with
trauma, visiting ministers and educa
tional programs.
Zatechka said the biggest step
toward curbing serious problems in
the residence halls would have to
occur off campus. That’s because
most partying occurs off campus, he
said.
The problems with sexual assault
and other law violations occur in the
residence halls once drunk students^
return to their rooms. ~_>
The problem escalates when stu
dents invite each other up to their
rooms when they arrive drunk at the
residence halls after a party, he said.
“Those types of things - alcohol
is going to be causal to the vast
majority of them,” Zatechka said.
Even if alcohol or drugs are
involved in.a sexual assault, Zatechka
' • - V 1
Campus crimes
The foHowihg are a total of the crimes that the UNL Police Department have
investigated. The first chart is the reported offenses, while the second is the actual
number of arrests in the given categories.
Selected on-campus offenses reported to the police
1998 1997 1996 1995 1994 1993 1992
1st degree sexual assault 0 12 0 1 3 3
2nd degree sexual assault 0 0 0 0 0 0 0
3rd degree sexual assault 5 0 1 3 2 2 7
Selected on-campus offenses with arrest by the police
1998 1997 1996 1995 1994 1993 1992
Liquor violations 54 80 11 1 5 8 13
Source: UNL Police
said, a woman shouldn’t feel she was
responsible for the erime.
“Just because the woman was
under the influence shouldn’t change
the fact she is assaulted,” he said.
Rudnick emphasized that no mat
ter what state sexual assault victims
are in, if they were assaulted or were
Jon Frank/DN
not aware that they were being
assaulted at the time, the guilt of the
crime is not theirs.
“They may feel like something
they did made this happen to them,”
Rudnick said. “Hopefully they’ll
come to the conclusion that it
wasn’t”