Spring Break
Assault suit raises issue of bar safety for women
By: Meredith Zdenek, Brooke Lein
Issue date: 2/4/09 Section: News
Bars and dance halls are frequented throughout the week by those in search of a carefree and relaxing environment. However, some students may fail to realize the dangers associated with late night ventures.
This was the case for a 22-year-old woman who said she was sexually assaulted after she visited Northgate one weekend with her friends. December 2007, she and some friends were sharing a few drinks with a bar owner and his wife on Northgate. The Battalion does not identify assault victims.
By the end of the night, the woman was intoxicated. The couple offered to drive her home. One of her friends knew the bar owner, so the woman felt comfortable leaving with them The woman left with the bar owner and his wife, who said they would drive her safely to her house.
Almost 80 percent of sexual assaults are committed by someone known to the victim, according to the Rape Crisis Center in Brazos Valley.
Instead, the defendants took her to their home and offered her what the bar owner said was an Ambien, although some of her symptoms led her to believe it was a narcotic, according to a civil suit filed in the district court of Brazos County on Aug. 25, 2008.
A civil suit is a lawsuit alleging violations of civil law by the defendant.
"She remembers riding with the [defendants] and them telling her that they were taking her home," said the woman's attorney, Ty Clevenger. "She took what they said was an Ambien but clearly wasn't and then the next day she remembered waking up in [the bar owner's] bed."
She remembers little about the events of the night, the woman said in an interview with The Battalion.
"I vaguely remember being at their house in the morning and the whole drive home," the victim said. "I remember being in the car, but I don't recall what it looked like or anything. I got home around 7 in the morning. I don't remember my roommate or going back to bed afterward but she told me I was crying and screaming 'what happened' and she helped me change my clothes and we noticed that my clothes were all different and ripped."
It wasn't until later, when she was showering, that she noticed vaginal bleeding and bruising.
According to the victim, the defendants invited her to their house. They told her that they were having some people over, but no one was there when she arrived. The bar owner's wife showed her around the house, and a few minutes later the bar owner asked the victim if she wanted to take an Ambien, a prescription sleep aid, for her headache.
"I asked him what an Ambien was, and he told me it was like a Vicodin," she said.
"I've had my wisdom teeth out before so I knew what [Vicodin] was, and all I thought about was the pain from my headache, so I took it," she said. "Yes, I took the pill and obviously I have some regrets.
"I made bad choices, but I don't think those choices that I made led me to deserve what I got because waking up the next day was horrible - it was really hard."
Merna Jacobsen, director of the Women's Resource Center, said bad judgment does not justify rape. The rape victim should, under no circumstances, blame themselves or be blamed for what happened to them, she said.
"Everybody makes bad judgments sometimes, this doesn't mean they are at fault for anything," Jacobsen said.
Clevenger filed a lawsuit accusing the defendants of sexual assault on Aug. 25 in Brazos County District Court. A trial date has not been set. The judge has blocked discovery on the case, meaning that opportunities for victim's lawyer to question the defendants has been hindered.
The defendants and their attorneys declined to comment, citing the ongoing litigation.
According to the Department of Justice, 70 percent of sexual assaults reported to law enforcement happened in the victim's home, the offender's home or another residence.
In the College Station Police Department's 2007 annual report of crime, assault was listed as the third most common report made to police, with 877 calls. The report also indicated a 9 percent decrease from 2006 in "part one crimes," which included murder, rape, robbery, aggravated assault, theft and burglary.
"Safety issues are always a concern for [the department], and unfortunately we have had an increase with injury and alcohol-related accidents," said College Station Police Chief Michael Ikner.
"You need to remember that there are some people who watch you as your having a good time and they see an opportunity when you leave your drink or purse unattended. They will take advantage of that. And there are many predators, if you will, throughout the nation - we have to remind ourselves to be vigilant."
In 2006, there were nine forcible sex offences on campus, six in the dorms or residential areas, according to the University Police Department crime statistics.
Those numbers decreased in 2007 to seven sex offenses on campus - two of them in the residential areas. In 2008, the numbers decreased to four on campus sex offenses, with three in the dorm areas.
"Few people realize that not everyone in College Station is an Aggie - so not everyone here is going to abide by the Aggie Honor Code," said Ashley Force, a junior agricultural communications and journalism major, who works at O'Bannons on Northgate. "Girls especially need to be very careful because they tend to let their friends leave without them at the bar."
"Yeah, it's a college town but you still have to be aware of your surroundings," said Force's co-worker, David Carter, a senior international studies major. "There are several occasions where girls meet up with people they don't know or leave with people they don't know. I had a friend get raped at the Tap once; she was drugged, taken away and raped."
There are several different ways to help prevent an assault, such as the seminars at New Student Conference. Groups such as COPS, the community-oriented police services, also provide information for students during the year about crime prevention, including personal safety and drug and alcohol awareness as well as theft and sexual assault prevention.
The COPS program was created as a result of a partnership between the University Police Department and Residence Life, and it is designed to place more officers in the area. COPS officers are crime prevention officers at the police department, and they have set up three stations on campus: University Apartments, Commons Lobby, and the A-3 Lounge, a study area on the north side of campus located on the south end of Davis-Gary Hall.
"Three things need to occur for a sexual assault crime to occur," said Kristi Hosea, COPS officer and crime prevention specialist. "There must be an ability and desire of an assailant, alcohol and drugs, and isolation. You don't want all three points to come together, and if there is some way to prevent this from happening, you limit [the assailant's] ability to attack."
In light of these events, Texas A&M students have organized clubs to provide rides for those who are unable to safely drive themselves.
Caring Aggies R Protecting Over Our Lives, CARPOOL, provides free, non-judgmental rides home to intoxicated students or students rendered incapable of transportation because of other circumstances in an effort to create safer roads, according to the group's mission statement.
"It's extremely stupid [to drive drunk] when you have CARPOOL and taxis," Force said."I guarantee that not everyone in College Station is drunk at one time, so I'm sure you can get someone to come pick you up."
Ikner said the goal of police is to motivate and interact with A&M students to ensure a safer community.
"We are our brothers' keeper," Ikner said, "If you are a true Texas Aggie, you wouldn't want to see anyone fall by the wayside."
Rape handbook
Go to a friend's house or another safe place where you can get emotional support.
Go to the nearest hospital. Do not douche, bathe, shower, eat, drink or change clothes before you go.
Report the rape to authorities.
Seek counseling. Even if you don't report the rape or press charges, you should contact your nearest rape crisis center for information about counseling. Their services are free and confidential.
Know that it is not your fault. You did not do anything to cause it and you are not to blame.
Facts
Sexual assauls occur most frequently in the following places:
40 percent in the victim's home
20 percent in the home of a friend, relative or neighbor
10 percent on the street
7 percent in a parking lot or a garage
1 in 3 women
1.3 per minute
78 per hour
1,871 per day
683,000 per year
Source:Texas Association Against Sexual Assault
This was the case for a 22-year-old woman who said she was sexually assaulted after she visited Northgate one weekend with her friends. December 2007, she and some friends were sharing a few drinks with a bar owner and his wife on Northgate. The Battalion does not identify assault victims.
By the end of the night, the woman was intoxicated. The couple offered to drive her home. One of her friends knew the bar owner, so the woman felt comfortable leaving with them The woman left with the bar owner and his wife, who said they would drive her safely to her house.
Almost 80 percent of sexual assaults are committed by someone known to the victim, according to the Rape Crisis Center in Brazos Valley.
Instead, the defendants took her to their home and offered her what the bar owner said was an Ambien, although some of her symptoms led her to believe it was a narcotic, according to a civil suit filed in the district court of Brazos County on Aug. 25, 2008.
A civil suit is a lawsuit alleging violations of civil law by the defendant.
"She remembers riding with the [defendants] and them telling her that they were taking her home," said the woman's attorney, Ty Clevenger. "She took what they said was an Ambien but clearly wasn't and then the next day she remembered waking up in [the bar owner's] bed."
She remembers little about the events of the night, the woman said in an interview with The Battalion.
"I vaguely remember being at their house in the morning and the whole drive home," the victim said. "I remember being in the car, but I don't recall what it looked like or anything. I got home around 7 in the morning. I don't remember my roommate or going back to bed afterward but she told me I was crying and screaming 'what happened' and she helped me change my clothes and we noticed that my clothes were all different and ripped."
It wasn't until later, when she was showering, that she noticed vaginal bleeding and bruising.
According to the victim, the defendants invited her to their house. They told her that they were having some people over, but no one was there when she arrived. The bar owner's wife showed her around the house, and a few minutes later the bar owner asked the victim if she wanted to take an Ambien, a prescription sleep aid, for her headache.
"I asked him what an Ambien was, and he told me it was like a Vicodin," she said.
"I've had my wisdom teeth out before so I knew what [Vicodin] was, and all I thought about was the pain from my headache, so I took it," she said. "Yes, I took the pill and obviously I have some regrets.
"I made bad choices, but I don't think those choices that I made led me to deserve what I got because waking up the next day was horrible - it was really hard."
Merna Jacobsen, director of the Women's Resource Center, said bad judgment does not justify rape. The rape victim should, under no circumstances, blame themselves or be blamed for what happened to them, she said.
"Everybody makes bad judgments sometimes, this doesn't mean they are at fault for anything," Jacobsen said.
Clevenger filed a lawsuit accusing the defendants of sexual assault on Aug. 25 in Brazos County District Court. A trial date has not been set. The judge has blocked discovery on the case, meaning that opportunities for victim's lawyer to question the defendants has been hindered.
The defendants and their attorneys declined to comment, citing the ongoing litigation.
According to the Department of Justice, 70 percent of sexual assaults reported to law enforcement happened in the victim's home, the offender's home or another residence.
In the College Station Police Department's 2007 annual report of crime, assault was listed as the third most common report made to police, with 877 calls. The report also indicated a 9 percent decrease from 2006 in "part one crimes," which included murder, rape, robbery, aggravated assault, theft and burglary.
"Safety issues are always a concern for [the department], and unfortunately we have had an increase with injury and alcohol-related accidents," said College Station Police Chief Michael Ikner.
"You need to remember that there are some people who watch you as your having a good time and they see an opportunity when you leave your drink or purse unattended. They will take advantage of that. And there are many predators, if you will, throughout the nation - we have to remind ourselves to be vigilant."
In 2006, there were nine forcible sex offences on campus, six in the dorms or residential areas, according to the University Police Department crime statistics.
Those numbers decreased in 2007 to seven sex offenses on campus - two of them in the residential areas. In 2008, the numbers decreased to four on campus sex offenses, with three in the dorm areas.
"Few people realize that not everyone in College Station is an Aggie - so not everyone here is going to abide by the Aggie Honor Code," said Ashley Force, a junior agricultural communications and journalism major, who works at O'Bannons on Northgate. "Girls especially need to be very careful because they tend to let their friends leave without them at the bar."
"Yeah, it's a college town but you still have to be aware of your surroundings," said Force's co-worker, David Carter, a senior international studies major. "There are several occasions where girls meet up with people they don't know or leave with people they don't know. I had a friend get raped at the Tap once; she was drugged, taken away and raped."
There are several different ways to help prevent an assault, such as the seminars at New Student Conference. Groups such as COPS, the community-oriented police services, also provide information for students during the year about crime prevention, including personal safety and drug and alcohol awareness as well as theft and sexual assault prevention.
The COPS program was created as a result of a partnership between the University Police Department and Residence Life, and it is designed to place more officers in the area. COPS officers are crime prevention officers at the police department, and they have set up three stations on campus: University Apartments, Commons Lobby, and the A-3 Lounge, a study area on the north side of campus located on the south end of Davis-Gary Hall.
"Three things need to occur for a sexual assault crime to occur," said Kristi Hosea, COPS officer and crime prevention specialist. "There must be an ability and desire of an assailant, alcohol and drugs, and isolation. You don't want all three points to come together, and if there is some way to prevent this from happening, you limit [the assailant's] ability to attack."
In light of these events, Texas A&M students have organized clubs to provide rides for those who are unable to safely drive themselves.
Caring Aggies R Protecting Over Our Lives, CARPOOL, provides free, non-judgmental rides home to intoxicated students or students rendered incapable of transportation because of other circumstances in an effort to create safer roads, according to the group's mission statement.
"It's extremely stupid [to drive drunk] when you have CARPOOL and taxis," Force said."I guarantee that not everyone in College Station is drunk at one time, so I'm sure you can get someone to come pick you up."
Ikner said the goal of police is to motivate and interact with A&M students to ensure a safer community.
"We are our brothers' keeper," Ikner said, "If you are a true Texas Aggie, you wouldn't want to see anyone fall by the wayside."
Rape handbook
Go to a friend's house or another safe place where you can get emotional support.
Go to the nearest hospital. Do not douche, bathe, shower, eat, drink or change clothes before you go.
Report the rape to authorities.
Seek counseling. Even if you don't report the rape or press charges, you should contact your nearest rape crisis center for information about counseling. Their services are free and confidential.
Know that it is not your fault. You did not do anything to cause it and you are not to blame.
Facts
Sexual assauls occur most frequently in the following places:
40 percent in the victim's home
20 percent in the home of a friend, relative or neighbor
10 percent on the street
7 percent in a parking lot or a garage
1 in 3 women
1.3 per minute
78 per hour
1,871 per day
683,000 per year
Source:Texas Association Against Sexual Assault
Be sure to include your name, major, and class year. Submissions without this information are subject to deletion.
By submitting a comment, you agree to thebatt.com's Terms of Use.
You may also send a Mail Call to The Battalion at mailcall@thebatt.com