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What is Sexual Assault (Rape) according to GW?
(From The George Washington University - Guide to Student Rights and Responsibilities, Code of Student Conduct)
Sexual assault is "inflicting any sexual invasion (including but not limited to sexual intercourse) upon any person without the person's consent."
"Consent requires actual words or conduct indicating a freely-given agreement to have sexual intercourse, or to participate in sexual activities. The University community should be aware that, depending on the particular circumstances, previous sexual relationships, or a current relationship between the persons involved, or silence or lack of protest do not necessarily constitute consent. Further, the degree of impairment of a person's ability to give or withhold consent (including but not limited to incapacity or helplessness caused by alcohol or other drugs) may be introduced as pertinent information at any University disciplinary hearing."
"Attempts to commit any of these acts of misconduct are included in the scope of these definitions."
"The University reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community. Such action may include taking disciplinary action against those students whose behavior off University premises constitutes a violation of this Code.”
What is Consent?
Consent requires actual words or conduct indicating a freely-given agreement to have sexual intercourse, or to participate in sexual activities.
A person must be fully conscious and able to understand what is happening to be able to give consent. Someone who is unconscious, sleeping, passed out, or incapacitated by alcohol/drugs is unable to give consent.
Consent is an ongoing process, not a one-time event. Make sure your partner is comfortable at every step of the way. If you are unsure if you have your partner’s consent, ASK! Even if you may feel embarrassed, ASK! In a healthy and respectful sexual encounter your partner will appreciate that you respect their safety and their body.
Silence is not consent. Consent is not the absence of a "no", rather the presence of a "yes". Non-responsiveness is also not consent. Just because a person does not fight back, does not mean they have given consent. If your partner is not participating, or not responding to your actions, you do not have consent. Stop, and Ask your partner whether or not you have their consent.
Type of relationship (dating, intimate, married, or living together) or length of relationship (1 minute, 1 date, 1 year) is not consent to sexual activity. You must have your partner’s consent for every sexual encounter.
Information About Sexual Assault
Generally, sexual assault is any forced or unwanted sexual contact obtained without a person's consent. Sexual assault is often used as a broad term to describe types of sexual crimes, including rape. Rape is forced or unwanted sexual penetration obtained without a person’s consent.
Acquaintance Rape / Date Rape
Acquaintance rape is the most prevalent form of rape on college campuses across the country. It is estimated that over 80 percent of sexual assault survivors know the person who sexually assaulted them (US Dept. of Justice, Findings from the National Violence Against Women Survey, 2000).
Acquaintance rape is forced, manipulated, or coerced sexual contact by someone a victim knows, or in the case of date rape - someone a victim is currently dating or has dated in the past.
Stranger Rape
According to the National Center for Victims of Crime, stranger rape is unwanted sex forced on a victim by an assailant whom the victim has never met.
Marital Rape
Marital Rape is forced or unwanted sexual contact committed by one partner against the other in a marriage.
Neither length nor type of relationship implies consent. A husband (or wife) cannot force their partner to have sex.
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