What Is Sexual Misconduct and what does it include?
Sexual Misconduct includes, Sexual Assault, Domestic Violence, Dating Violence, Sexual Exploitation, and Stalking.
Sexual Assault is any unwanted sexual contact imposed upon another person by use of force, fear, manipulation, or coercion. Sexual assault is defined as any sexual activity involving a person who does not or cannot (due to alcohol, drugs, or other form of incapacitation) consent.
Sexual Assault includes: Rape, Statutory Sexual Assault, Sexual Assault, Indecent Assault, Fondling, Incest.
Sexual assault includes non-consensual sexual contact and non-consensual sexual intercourse. Non-consensual sexual contact means any sexual touching, with any object, by a man or a woman upon another person without consent or making any person touch you or them in a sexual manner. It is defined as engaging in any sexual contact other than intercourse with another person without that person’s consent and/or cognizance. It includes any non-consensual sexual contact, including any improper touching of intimate body parts. It also includes the non-consensual removal of another’s clothing, indecent contact (i.e., the unwanted touching of intimate body parts including, but not limited to, genitals, buttocks, groin, or breasts) or causing another to have indecent contact with them.
Non-consensual sexual intercourse means any sexual intercourse (anal, oral or vaginal), with any object, by a man or woman upon another person without consent. It is defined as engaging in sexual intercourse (oral, anal or vaginal) with another person without that person’s consent and/or cognizance. Non-consensual intercourse may be accomplished by expressly or implicitly forcing or coercing another person to have intercourse against his/her will, including the use or threat of physical force, or any behavior that is designed to intimidate and induce fear in another person. Non-consensual intercourse can also occur when another person is incapable of denying or giving consent.
Rape, as defined by SJU Policy, is when a person engages in sexual intercourse with a complainant by forcible compulsion, by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution, who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring, where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance, who suffers from a mental disability which renders the complainant incapable of consent.
Acquaintance Rape, also known as date rape both refer to sexual intercourse with out consent by a person known to the victim. Many people think of rape as committed by a stranger however, acquaintance rape is actually much more common. Date rape is never the victim’s fault and is as traumatic and serious as all forms of sexual assault.
Sexual Battery, is when a person is touched in an intimate part of the body without his or her consent.
Sexual Coercion, is subjecting a person to sexual contact as a result of the use of physical or psychological pressure or threats, or the consumption of alcohol or drugs with out consent.
Consent means words or actions that show a knowing and voluntary agreement to engage in mutually agreed sexual activity. Consent is active, not passive. An affirmative statement or action does not constitute consent if it is given by a person who is unable to make a reasonable judgment concerning the nature or harmfulness of the activity because of his or her incapacitation due to intoxication, unconsciousness, mental disability or incapacity, or if the consent is the product of threat or coercion. In whatever way consent is communicated, it must be mutually understandable. Silence, in and of itself, or the absence of resistance, cannot be interpreted as consent. It is the responsibility of the initiator of sexual contact to make sure that s/he understands fully what the person with whom s/he is involved wants and does not want sexually. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. A previous relationship or consent does not imply consent to future sexual acts. And, consent can be withdrawn at any time.
Domestic Violence includes felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the alleged victim, by a person with whom the alleged victim shares a child in common, by a person who is cohabitating with or who has cohabitated with the alleged victim as a spouse, by a person similarly situated to a spouse of the alleged victim under the domestic or family laws of the Commonwealth of Pennsylvania, by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the Commonwealth of Pennsylvania.
Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim. The existence of such a relationship will be determined based on the reporting party’s statement, taking into consideration the following factors: a) the length of the relationship, b) the type of relationship, and c) the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: non‐consensual observation of individuals who are undressed or engaging in sexual acts; non-consensual video or audio‐taping of sexual activity; prostituting another person; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); using technology such as Google Glass in a way as to sexually exploit another or engage in voyeurism; and knowingly transmitting an STD or HIV to another.
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer severe emotional distress. One engages in an impermissible course of conduct if one engages in two or more acts that include, but are not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person in a way prohibited as described above, or interferes with a person’s property.
Students turn to each other for support first in a difficult situation more than any other resource on or off campus. The SJU community looks out for one another and encourages all members to do the right thing to support a fellow Hawk.