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Sexual Misconduct Definitions

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. The Clery Act requires annual reporting of statistics for various criminal offenses, including sexual assault (forcible and non-forcible sex offenses). The Violence Against Women Act's (VAWA) amendments to the Clery Act add additional reporting requirements related to domestic violence, dating violence, and stalking.

Definitions

Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. Sexual harassment includes conduct directed by a person at another person of the same or opposite gender. “Unwelcome verbal or physical conduct of a sexual nature” includes, but is not limited to, the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is sufficiently severe to interfere substantially with an employee’s work performance or to create an intimidating, hostile or offensive work environment.

Consent

Consent is defined as words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual contact or intercourse. A person who is unconscious or sufficiently drunk or drugged or to be unable to communicate unwillingness is not competent to give consent.

Sexual Assault
Sex Offenses Definitions from the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Program

Sex Offenses - Forcible - Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent.

A. Forcible Rape - The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

B. Forcible Sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

C. Sexual Assault With An Object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

D. Forcible Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

Sex Offenses - Non-forcible - Unlawful, non-forcible sexual intercourse.

A. Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

B. Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Source: Federal Register, April 29, 1994, Vol. 59, No. 82; Federal Register, November 1, 1999, Vol. 64, No. 210.

Degrees of Sexual Assault under Wisconsin Law

Section 940.225 of the Wisconsin Statutes creates four degrees of sexual assault. The degrees are based upon the amount of force used by the assailant and the harm done to the victim. First, second and third degree sexual assaults are felonies; fourth degree sexual assault is a misdemeanor.

First-degree sexual assault - Sexual intercourse or sexual contact without consent which causes pregnancy or inflicts great bodily harm, or sexual intercourse or sexual contact without consent accomplished by using or threatening to use a dangerous weapon, or sexual intercourse or sexual contact without consent while aided by one or more persons by use of threat of force or violence.

Second-degree sexual assault - Sexual intercourse or sexual contact without consent through the use of threat of violence, or sexual intercourse or sexual contact without consent which causes injury, including illness, disease, or impairment of a sexual or reproductive organ or mental anguish requiring psychiatric care, or sexual intercourse or sexual contact with a person known by the perpetrator to be unconscious, incapacitated, intoxicated, or mentally ill or mentally deficient, or sexual intercourse or sexual contact aided or abetted by another without the victim's consent.

Third-degree sexual assault - sexual intercourse with a person without that person's consent or sexual contact without consent involving ejaculation.

Fourth-degree sexual assault - sexual contact with a person without that person's consent.

Sexual contactAny of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading; or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under s. 940.19 (1):

a.Intentional touching by the defendant or, upon the defendant's instruction, by another person, by the use of any body part or object, of the complainant's intimate parts.

b. Intentional touching by the complainant, by the use of any body part or object, of the defendant's intimate parts or, if done upon the defendant's instructions, the intimate parts of another person.

Dating / Domestic Violence

Dating or domestic violence, also known as intimate partner violence, is a pattern of ongoing power and control by one dating partner over another.  Examples of dating or domestic violence include threatening a partner or their family, coercing them into doing something they don't want to do, constantly belittling the, controlling what they can and cannot do, deciding who they can go out with and when, isolating them from friends and family, controlling their finances and access to resources, or physically hitting, kicking, punching, slapping or scratching.  Dating and domestic violence can also include sexual violence or stalking.

Stalking

Section 940.32 of the Wisconsin Statutes defines stalking.

Stalking is committed by one who intentionally engages in a course of conduct directed at a specific person; AND

  • The actor's conduct did actually cause the specific person to suffer serious emotional distress OR to fear bodily injury or death to themselves , or a member of their family/household; AND
  • The actor's conduct would cause a reasonable person to suffer serious emotional distress OR to fear bodily injury or death to themselves , or a member of their family/household; AND
  • The actor knows or should know that at least one of the acts will cause the person to suffer serious emotional distress OR place the person in reasonable feat of bodily injury or death to themselves, or a member of their family/household.
  • Serious emotional distress includes feeling terrified, intimidated, threatened, harassed, or tormented.

 

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