Skip header content and main navigation Binghamton University, State University of New York - Counseling
 

20:1 - KNOW THE FACTS

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 disrobingt 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:

  1. Both participants are fully conscious;

  2. Both participants are eequally free to act;

  3. Both parties have clearly communicated their willingness / permission; and

  4. 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 rsults from having ingested a so-called "rape-drug." (Berkowitz, 2002)

GENERAL INFORMATION ABOUT SEXUAL ASSAULT ON CAMPUSES

Connect with Binghamton:
Twitter icon links to Binghamton University's Twitter page YouTube icon links to Binghamton University's YouTube page Facebook icon links to Binghamton University's Facebook page Instagram

Last Updated: 6/24/14