DEFINITION: “VICTIM” – A victim is a person who suffers direct or threatened physical, emotional or financial harm as a result of an act by someone else, which is a crime.
Sexual Misconduct is an umbrella term that includes any non-consensual sexual activity that is committed by force or fear or mental or physical incapacitation, including through the use of alcohol or drugs. Sexual misconduct can vary in its severity and consists of a range of behavior, including rape, statutory rape (sexual contact with a person under 18 years old), sexual touching, sexual exploitation, sexual harassment, and conduct suggestive of attempting to commit any of the aforementioned acts.
Engaging in any sexual activity, clear consent must be given.
Rape – Rape is the sexual penetration (however slight) of the victim’s vagina, mouth, or rectum without consent. Rape involves penetration with (a) the use of force/fear or the threat of force/fear; or (b) with a person who is otherwise incapable of giving consent, including situations where the individual is under the influence of alcohol or drugs and this condition was or should have reasonably been known to the accused.
Sexual Touching– Sexual touching, also known as sexual battery, is the act of making unwanted and sexually offensive contact (clothed or unclothed) with an intimate body part of another person or action, which causes immediate apprehension that sexual touch will occur. Intimate body parts include sexual organs, the anus, the groin, breasts or buttocks of any person. Sexual touching includes situations in which the accused engages in the contacts described with a person who is incapable of giving consent.
Sexual Exploitation– Sexual exploitation is the taking advantage of a non-consenting person or situation for personal benefit or gratification or for the benefit of anyone other than the alleged victim; and the behavior does not constitute rape, sexual touching or sexual harassment. Sexual exploitation includes, but is not limited to: Photographing or making audio or video recordings of sexual activity without consent; Dissemination of images or recordings without consent of the participant(s); Allowing others to observe sexual activity without the knowledge or consent of the partner; Voyeurism (peeping tom); Knowingly transmitting a sexually transmitted infection or HIV to another student; Prostituting another person; Giving alcohol or other drugs to another student with the intention of rending him or her incapable of giving consent.
Sexual Harassment– Sexual Harassment is any unwelcome sexual conduct or behavior that creates an intimidating, hostile or offensive working or educational environment. A comprehensive list of prohibited behaviors can be found in the Tiger Lore.
Stalking– Stalking is prohibited. It is willful, malicious and repeated following of a person or harassing behaviors against another person, putting the person in reasonable fear for his or her personal safety, or the safety of his or her family. This includes use of notes, mail, gifts, communication technology (e.g. voicemail, text messages, internet and social networking sites – using any electronic or telecommunication is also known as cyber-stalking) to harass or convey a threat. This offense may also be treated as a type of sexual misconduct in certain situations.
Physical Assault/Battery – Physical assault or battery is prohibited. It is to touch or strike a person against his or her will or to threaten violence against that person.
Dating/Relationship/Domestic Violence– Dating/Relationship/Domestic Violence is prohibited. This type of violence may be emotional, verbal, physical and/or sexual abuse by an intimate partner, family members or parties in a dating relationship.
Theft – Theft is the unlawful and unauthorized removal of any personal property for ones own use.
Threat of Harm – Conveyances of threats, which result in, or may result in, harm to any person by willful and deliberate means is prohibited.
For other types of crimes please contact the Department of Public Safety at 209.946.2537.
REMEMBER, SHOW YOUR PERPETRATOR THAT YOU’RE A SURVIVOR, NOT A VICTIM. We are here to help you, YOU WILL OVERCOME!
Much love… TRF Team