This BSU Student Handbook is a guide to student's rights, responsibilities and resources.
Rape and Sexual Assault Definitions
These definitions are not intended to represent the legal definitions of these acts. Instead, they are guidelines that are meant to clarify some of the ambiguity of the legal definitions and to educate students to help them make safe decisions.
Rape: Nonconsensual sexual intercourse, whether vaginal, oral or anal. Using intimidation, threats or physical force to accomplish intercourse is rape. Penetration of the vagina, mouth or anus is necessary to call the act rape, but emission is not necessary. Penile penetration or penetration with any digit (finger) or foreign object is also considered rape.
Acquaintance Rape: Nonconsensual sexual intercourse threats, or vaginal, oral or anal between two adults who know each other. Intimidation and physical force used to accomplish intercourse is rape. Penetration of the vagina, mouth or anus is necessary to call the act rape, but emission is not necessary. Penile penetration or penetration with any digit or foreign object is also considered rape.
Consent (involving alcohol): If a person engages in sexual intercourse with another person when she/he knows that person is under the influence of alcohol or drugs, she/he may also be guilty of rape. In this situation, sexual intercourse is considered to be against the person's will if they cannot use their judgment. Even if the person remains conscious, if she/he is under the influence of alcohol or drugs and does not object, sexual intercourse may be considered rape because their ability to resist or consent has been taken away by the use of alcohol or other drugs.
Intoxication as a Defense: Intoxication cannot be used as a defense, as an excuse or as a justification for the charge of rape.
Statutory Rape: Sexual intercourse with a person under the age of 16. Consent and/or reasonable mistake as to the identity of the victim are not considered defenses to this crime. Because of the age of the victim, the law presupposes that she/he is not able to consent and her/his consent will not absolve the defendant.
Sexual Assault: If a person touches another individual in a sexual manner (making sexual contact) and the touching is offensive to that person, sexual assault has been committed.
Assault: When someone's behavior towards a specific person causes that person to be afraid, even when contact is not made, they may have committed assault. This may include verbal threatening or intimidation of any nature.
Sexual Harassment: Unwanted sexual advances, requests for favors and other verbal or physical contact of a sexual nature which makes the person uncomfortable or intimidated is sexual harassment. This is particularly true where the person making the demand is a supervisor or the teacher and requires sexual favors in exchange for special treatment, promotions or good grades. It can also be true with coworkers, or fellow students who say sexually suggestive things or touch people inappropriately, creating what can be described as a hostile environment.
Last Modified: April 18, 2013