Sexual assault is defined as having or attempting to have sexual intercourse or sexual contact with another individual by force or threat of force, without consent, or where the person is incapacitated.
Consent is affirmative, informed (knowing), voluntary (freely given), and clearly communicated by word or action. Consent can be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.
Consent cannot be obtained by taking advantage of the incapacitation of another, where it was known, or reasonably should have been known, that the other was incapacitated.
Incapacitation is such that it renders the person incapable of self-care and protection and occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give informed (knowing) consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction).
In the Event of Harassment, Discrimination, Retaliation, and Sexual Misconduct (including Sexual Assault, Intimate Partner Violence, Stalking, & Sexual Exploitation) the UCC is Available for Assistance.
We can provide immediate crisis counseling, short-term therapy, help with referrals, and linkage to campus and community resources.