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Sexual Assault is the commission of an unwanted sexual act, whether by an acquaintance or by a stranger,
that occurs without indication of consent of both individuals, or that occurs under threat or coercion. Sexual
assault can occur either forcibly and/or against a person's will, or when a person is incapable of giving
consent. A person is legally incapable of giving consent if under 18 years of age; if intoxicated by drugs
and/or alcohol; if developmentally disabled; or if temporarily or permanently mentally or physically
unable to do so.
Under federal and state law, sexual assault includes, but is not limited to, rape, forcible fondling (e.g., unwanted touching or kissing for purposes of sexual gratification), forcible sodomy, forcible oral copulation, sexual assault with an object, sexual battery, and threat of sexual assault. |
Sexual assault and other forms of sexual violence are unacceptable and will not be tolerated at Stanford University. Violators will be subject to discipline up to and including termination, expulsion, or other appropriate institutional sanctions. Prosecution by external authorities may also occur.
Related Definitions
Acquaintance/Date Rape - When someone you know or are dating forces you to have sexual intercourse against your will. It is estimated that 80-85% of rapists are known to the person they attack.
Consent - Consent is based on choice. Consent is active not passive. Consent is possible only when there is equal power. Giving in because of fear is not consent. Going along with something because of fear is not consent. Going along with something because of wanting to fit in with the group, being deceived, or feeling bad is not consent. Being verbally, emotionally, psychologically, or physically pressured into any kind of sexual activity is not consent. If you cannot say "no" comfortably then "yes" has no meaning. If you are unwilling to accept a "no" then "yes" has no meaing.
There must always be active consent on both sides. Consent to one thing does not imply another. If limits are made clear and consent is not given, pressuring someone into changing their mind is not consent. → If you are unwilling to accept a "no", then "yes" has no meaning.
Many misconceptions about sexual assault exist that make it more difficult for someone to
- assess a potentially risky situation
- respond effectively when at risk or being assaulted
- seek help when they or someone else has been assaulted
- understand that they have been assaulted and are not to blame (resulting in the high number of unreported rapes)
- confide in someone when they've been sexually assaulted (because they feel ashamed or are afraid of not being believed or understood)
- understand and believe another person who confides that they've been sexually assaulted (since many people have miscontrued ideas of what constitutes as sexual assault)
Not "understanding" sexual assault is no excuse for rape or other unwanted sexual advances! Sexual assault is wrong in any language and in any culture and will not be tolerated by Stanford University.
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Definition of Rape According to the California Penal Code
Summary [Click here for full text]Rape is an act of sexual intercourse accomplished with a person, whether or not they are the spouse of the perpetrator, under any of the following circumstances:
- Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.
- Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
- Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
- Where a person is at the time unconscious of the nature of the act, and this is known to the accused. "Unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:
- Was unconscious or asleep.
- Was not aware, knowing, perceiving, or cognizant that the act occurred or of the essential characteristics of the act due to the perpetrator's fraud in fact.
- Where a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.
- Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.
- Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. "Threatening to retaliate" means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.
Rape is an act of sexual intercourse accomplished with a person under the age of 18 years if they are not the perpetrator's spouse.
"Consent" means positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution. In prosecutions in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent.
"Duress" means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress.
"Menace" means any threat, declaration, or act which shows an intention to inflict an injury upon another.
The essential guilt of rape consists in the outrage to the person and feelings of the victim of the rape. Any sexual penetration, however slight, is sufficient to complete the crime.
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Preventative Measures to Help Avoid a Risky Situation from Escalating
Anyone can be the target of sexual assault, regardless of age, gender, race, ethnicity, sexual orientation, sexual history, or social class. There is no stereotypical victim or rapist.Nearly 85% of all victims of sexual assault knew the person who raped or assaulted them. Often a situation starts off innocent and fun, but can then very quickly escalate out of control.
Avoid hazardous situations.
Sexual assault can occur in any situation and is never your fault regardless of the circumstances. However, by taking such steps as traveling accompanied and avoiding alcohol and drugs, you can substantially reduce your risks for being victimized. Please go to Social Hazards or contact the YWCA (650-725-9955) for more information.
Communicate your limits clearly.
If someone starts to offend you or cross a line that you have set for yourself, tell them firmly and early. Polite approaches may be misunderstood or ignored. If the person does not respect your wishes, remove yourself from the situation immediately. Miscommunication can be explained later. Do not give someone the chance to violate your wishes or boundaries. This can often contribute to the guilt felt following unwanted sexual advances, but it does not make it your fault.
Be assertive.
Often passivity can be interpeted as permission - it is not. Be direct and firm with someone who is sexually pressuring you. Tell an acquaintance or your partner what you want - or don't want - and stick with your decision. Regardless, there must always be active consent on both sides. Consent to one thing does not imply another.
Trust your instincts.
If you feel you are being pressured into unwanted sex, you probably are. If you feel uncomfortable or threatened around an acquaintance or your partner, get out of the situations immediately. If you misread someone's signals, you can always explain later.
Respond physically.
Even clear communication is not always effective. Some people simply don't listen or don't care. If either person is intoxicated of high, it may also complicate the situation. However, it is not an excuse for someone to commit sexual assault. If someone is assaulting you and not responding to your objections, you have the right to respond physically or to physically defend yourself if you feel you can do so. If possible, push the person away, scream "No!", and say that you consider what the person is doing to be rape. It is understandable that most people instinctually do not respond forcefully to people they know. It is not your fault if you find that you are unable to do so.
Seeking Help If You or Someone You Know Has Been Sexually Assaulted
Please call (650)725-9955 if you or someone you know has been sexually assaulted.Click here for more information on how to help a friend.
For additional information and resources, including counseling, on issues of sexual assault, please visit:
- YWCA Sexual Assault Center (650)725-9955
- Stanford Resources
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