New York sex abuse victim attorney, James Marsh, explains when to involve law enforcement after being the victim of a sexual assault on campus.
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Whether or not you should involve law enforcement if you’ve been a victim of sexual assault it really up to the individual. Title IX does not require a criminal law enforcement investigation. It’s really a separate issue from Title IX. And I know there’s been a lot of talk about the overlap between Title IX, criminal law, and civil law but really, what the regulations and the guidance make clear that in a context of a university or educational institutions obligations under Title IX are totally separate from a victim’s option to pursue criminal cases. Now that is changing, you know I do a lot of work at the University of Virginia and Virginia now has a law, which requires universities to refer cases to law enforcement. But from an individual victims perspective whether or not they pursue those cases, whether or not they decide to go forward with a criminal case is completely up to them and it does not affect what the university’s obligations are to the student.