Examples of Rape or Sexual Assault
- A man and a woman go on a date. He pays for everything. They go to his apartment or dorm room afterwards. He keeps pressuring her to have sex. She says no but doesn't force him to stop, because she feels like 'she owes him.' They have sexual intercourse. She has been raped.
- Tom and Dave meet up at a bar. They end up fooling around at Tom's place. Dave doesn't feel ready to have sex but he doesn't want to make a scene or accuse Tom of trying to force him. Besides, Dave thinks he might want to see Tom again. Dave tries to voice his concerns, but Tom ignores him and proceeds to penetrate him. Dave has been raped.
- A man and a woman have been drinking at a party. He approaches her, knowing that she is drunk. He brings her back to his place. They have sexual intercourse. She has been raped.
- A couple has been sleeping together for a year. She/he doesn't feel like having sex one night. Her/his partner says, 'Come on, I really want to make love to you.' She/he protests. Her/his partner doesn't listen. They have sexual intercourse. She/he has been raped.
- Bill and Anne want to have sex together. Anne asks Bill to wear a condom. Bill doesn't want to and proceeds to penetrate her. Anne has been raped.
Definition of Consent
Union College defines sexual assault (including but not limited to rape) as committing any of the following acts:
- Any sexual physical contact that involves the use or threat of force or violence or any other form of coercion or intimidation.
- Any sexual physical contact with a person who is unable to actively consent whether because asleep or under the influence of alcohol or other drugs to the point where the person is incapable of making or communicating reasonable judgments, or due to any incapacity or impairment, whether mental or physical.
The term "active consent" includes the following conditions:
- Each person involved in sexual contact not only agrees to the sexual activity but agrees freely and knowingly.
- It is the responsibility of the initiator of sexual contact to obtain active consent from the other person and to determine that consent is freely and knowingly given.
- Silence or passivity should not be presumed to confer consent.
- A verbal “no” or other verbal expression of dissent and/or physical resistance, no matter how indecisive or week or passive, always means NO.
