What is Sexual Assault                                                                      

It is the use of sexual actions and words that are unwanted by and/or harmful to another person. Some common terms that are used interchangeably with sexual violence are sexual abuse and sexual violence.

KEY TERMS . . .                                                                                                                                                Sexual Consent: Free and active agreement, given equally by both partners, to engage in a specific sexual activity. Consent is not present when either partner:

• is below the legal age of consent• fears the consequences of not consenting (including use of force)• feels threatened or intimidated• is coerced (see below)• says no, either verbally or physically (e.g., crying, kicking or pushing away)• has disabilities that prevent the person from making an informed choice• is incapacitated by alcohol or drugs• lacks full knowledge or information of what is happening

• is not an active participant in the activity

Sexual Coercion: Compelling someone to submit to an unwanted sexual act by intimidating, threatening, misusing authority, manipulating, tricking, or bribing with actions and words. When a person is coerced, she or he has not given consent. 

Specific Forms of Sexual Violence

Dating Violence: Abuse or mistreatment that occurs in either heterosexual or same-sex relationships. It may take place at any point in the dating process – when two people first meet and become interested in one another, on their first date, during their courtship, once they have been involved with each other for some time, or after their relationship has ended. 

Intimate Partner Violence: Physical, sexual, or psychological harm by a current or former partner or spouse. This type of violence can occur among heterosexual or same-sex couples and does not require sexual intimacy.

Rape: Unwanted, coerced and/or forced sexual penetration. The perpetrator may penetrate the victim's vagina, mouth, or anus, either with a body part or another object. The victim also may be forced to penetrate the perpetrator's vagina, mouth, or anus.

Sexual Harassment: Unwanted verbal sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature. Sexual harassment can also include stalking, voyeurism ("peeping toms"), exhibitionism/exposing, and obscene comments and phone calls. Sexual harassment can occur in the workplace, school, and other settings (such as public transportation, shopping malls, community events, social gatherings, places of worship, heath care facilities) and can create an intimidating or hostile environment for the victim. The perception of the victim, not the intent of the harasser, determines whether particular words or actions are harassing.

Sexual Violation: Use of sexual contact behaviors that are unwanted by and/or harmful to another person, but do not involve penetration. This can include touching or rubbing against a non-consenting person in public ("frottage"), forced masturbation, and non-consensual touching of the breasts, buttocks, genitals, and other sexualized body parts by another person.

Stalking: While legal definitions of stalking vary from one jurisdiction to another, a good working definition of stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear. A stalker is someone who willfully, maliciously and repeatedly follows or harasses another (victim) and who makes a credible threat with the intent to place the victim or victim's immediate family in fear for their safety. According to California Penal Code 646.9, the victim does not have to prove that the stalker had the intent to carry out the threat.

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