Sexual Assault Policy

Definitions

What is Sexual Assault?
For the purposes of Earlham College’s policy and judicial process, sexual assault is defined as unwanted sexual contact where any gender can be a victim or perpetrator. Sexual assault is sexual contact that does not have a person’s consent. It need not, but could, include penetration. It might include unwanted kissing, touching or fondling, touching intimate parts of the body or the clothing covering those body parts. It might also include, but is not limited to, unwanted touching with intimate parts of the body, and attempted unwanted sexual penetration. Indiana Law has specific definitions for Rape, Sexual Battery and Criminal Deviate [sic] Conduct that would need to be met in a court of law. See those definitions in Appendix A.

What Constitutes Consent?
For the purpose of Earlham College’s policy and judicial procedures consent is defined as the act of willingly agreeing to engage in specific sexual behavior. Silence or non-communication must never be interpreted as consent and a person in a state of diminished judgement cannot consent. Consent requires that a person is able to freely choose between two options: yes and no. A person is incapable of giving consent if she/he is asleep, unconscious or otherwise unable to communicate. No one who has been threatened or coerced or drugged can consent. A person is usually unable to give consent when she/he is under the influence of alcohol and/or drugs, or is mentally handicapped. A current or prior sexual or dating relationship does not constitute consent.

A person can withdraw consent at any time during the course of a sexual encounter. Pursuing sexual contact in any form whatsoever with an unwilling or unconsenting partner is sexual assault. How exactly we know when the person we’re with is consenting to, or refusing, a sexual advance, can at times be difficult to discern; nevertheless the entire responsibility for correct discernment is upon the person making the sexual advance.