Ethical Definitions of Sexual Assault and Rape
Here are the definitions that are in use on Duke University'scampus, in prevention education programs, publications and in oursexual misconduct policy. These definitions are based on NClaw, but conveyed in non-legal language that is easier for studentsto understand.
Sexual Assault: Any sex act againstyour will, without your consent, or when you are unable to freelygive consent.
Rape: Any sex act involving penetration of anybody opening by any object, that is against your will, without yourconsent, or when you are unable to freely give consent.
When discussing these definitions it is helpful to examine eachpart of the definition in more detail.
"Against Your Will" implies that onepartner said “no” to a sexual act, or gave another verbal ornonverbal indication such as pushing away or looking away, thatindicated that such sexual contact was unwanted.
"Without Your Consent" implies that one partner didnot agree—in other words, did not say “yes”—to a sexual act.
When we think of sexual assault and rape, what often comes to mindis an image of “clear” force, that is, the use of a weapon orphysical assertion. What we know is that consent and forcemore accurately exist along a continuum and that much assaulthappens when neither consent nor force may be “obvious.” Weaponsand physical force are not terribly common, especially consideringthat most assaults happen between two people. This requires abroadening of our examination of what constitutes “force” toinclude such things as the use of verbal, physical or emotionalpressure or manipulation, substances, threats andcoercion.
Consent should be informed – meaning that the person beingacted upon knows what is happening – and mutual – meaningthat both parties have equal input/say-so and they both want toparticipate in a given sexual act. It is important toremember that being quiet is often NOT an indication of consent,but rather is a way of expressing discomfort, shock or disinterest.“The use of drugs or alcohol to increase the likelihood thatsomeone will have sex or ‘fool around’ is a form of coercion. Overlooking or ignoring the fact that someone is drunk is a form ofmanipulation” (from Columbia University’s sexual misconductpanelist training manual).
The most effective way to ensure consent is to clearly communicatewith your partner, even in a casual encounter. If there isany doubt about consent, it is best to STOP and ASK. And ifyou can’t get a clear answer, wait until later.
"When You Are Unable To Freely Give Consent" implies that agiven individual has had either the right or the ability to freelyconsent taken away by another person or by circumstances. This includes, but is not limited to, --
intoxicated passed out high
scared intimidated threatened
forced coerced isolated
bound/gagged mentallyimpaired physically impaired
underage beaten use of a weapon
--and any other situation where an individual feels that s/he willnot have control over the situation or that their wishes will notbe heard.