Sexual Assault Resource Center

Definitions of Sexual Violence

University Definitions

The following are all found in the University’s “Rights and Responsibility 2007 - 2010” a handbook for students at: http://www.albany.edu/judicial/

Active consent – is when each person involved in sexual contact not only agrees to the sexual activity but also agrees freely and knowingly. A person who has been threatened or coerced, whose judgment is substantially impaired by drugs or alcohol or by physical or mental impairment even if temporary, or who is unconscious or asleep, cannot give consent to sexual contact. A person under the age of 17 years is deemed incapable of giving consent.

Forcible Touching - refers to the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person or for the purpose of gratifying the actor’s sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period up to one year.

Criminal Sexual Act – refers to a series of offenses that includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes oral or anal sexual conduct with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Rape – refers to a series of offenses that includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further include sexual intercourse with a person under the age of consent. The penalties for violations of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Sexual Misconduct - is an offense that includes sexual intercourse without consent and deviate sexual intercourse without consent. The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.

Sexual Abuse - series of offenses that includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.

Aggravated Sexual Abuse - refers to a series of offenses that occurs when a person inserts a finger or a foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.

Sexual Harassment - is any form of non-consensual sexual intimacy or unwanted physical contact and/or sexually explicit derogatory statements which are offensive or which cause the recipient discomfort or humiliation or which interfere with the recipient's work, academic performance or living conditions. It can include: leering at a person's body; unnecessary touching, patting, pinching, or constant brushing against a person's body; subtle pressure for sexual favors; demanding sexual favors or physical assault; and unwarranted verbal or sexually explicit statements directed to an individual. (See Appendix B).