UPDATED DEFINITION OF RAPE (2012)
SEXUAL ASSAULT
Non-Consensual Sexual Intercourse: Any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a man or woman upon a man or woman, without effective consent.
Non-Consensual Sexual Contact: Any sexual touching (including disrobing or exposure), however, slight, with any object, by a man or woman upon a man or woman, without effective consent.
National Center for Higher Education Risk Management (NCHERM)
CONSENT
Consent can be established as present if the following four conditions are present:
Both participants are fully conscious;
Both participants are equally free to act;
Both parties have clearly communicated their willingness / permission; and
Both parties are positive and sincere in their desires
WHAT DOES THIS MEAN?
EFFECTIVE CONSENT - effective Consent is informed, freely, and actively given, mutually understandable
words or actions which indicate a willingness to participate in mutually agreed upon
sexual activity. Consent is not effective if it results from the use of physical force,
threats, intimidation, or coercion. And consent for one act of sex is not consent
for another act of sex.
INCAPACITATED SEX - to have sex with someone who you know to be, or should know to be, incapable of making rational, reasonable decision about a sexual situation is a violation of New York State Law. Being intoxicated is not an excuse for such violations, and this certainly includes someone whose incapacity results from having ingested a so-called "rape-drug." (Berkowitz, 2002)
GENERAL INFORMATION ABOUT SEXUAL ASSAULT ON CAMPUSES
60% of completed rapes that occurred on campus did so in the victim's residence.
Over 10% of completed rapes took place in a fraternity house.
Fewer than 5% of completed and attempted rapes were reported to law enforcement officials.
In about 23% of rape incidents, the victim told someone, but most often not a family member or college official. Reasons for not telling included:
Fear of reprisal by assailant
Fear of being treated with hostility by police
Fear of not being believed
Not wanting family to know
Not believing the incident was harmful or important enough to bring to the attention of the authorities