Sexual Violence Definitions

Consent

Consent requires words or conduct indicating a freely given agreement to participate in sexual activities.

Consent does not mean the existence of a prior or current relationship between people or that one failed to resist a particular sexual act.

A person who is incapacitated or physically helpless cannot consent to a sexual act.

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For purposes of this definition:

  • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse,
  • Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence

A misdemeanor or felony crime of violence committed:

  • By a current or former spouse or intimate partner of the victim;
  • By a person with whom the victim shares a child in common;
  • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
  • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
  • By any other person against that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, without consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent incapacity.

Incapacitation

A state of being disabled, or unable to move or function.

Rape

The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without the consent of the victim.

This offense includes rape of both males and females.

Sexual Assault

Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.

Includes rape, sodomy, sexual assault, and fondling.

Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory rape is sexual intercourse with a person who is under the age of consent.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other unwanted conduct of a sexual nature.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  • Fear for the person's safety or the safety of others; or
  • Suffer substantial emotional distress.