Definitions

What is Sexual Violence?

Definitions according to the Millersville University Student Code of Conduct:

Nonconsensual Sexual Intercourse: Nonconsensual sexual intercourse is any sexual intercourse (anal, oral or vaginal), including the use of an object for sexual intercourse, however slight, by one person upon another without consent.

Nonconsensual Sexual Contact: Nonconsensual sexual contact is any sexual touching (including touching with an object), however slight, by one person on another without consent.

Consent: is clear, knowing and voluntary.  Consent is active, not passive.  Silence, in and of itself, cannot be interpreted as consent.  Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.

  • Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
  • Previous relationships or prior consent cannot imply consent to future sexual acts.
  • In order to give effective consent, one must be of legal age.

Incapacitation: is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This definition also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the use of alcohol or drugs. Sexual activity with someone who one should know to be– or based on the circumstances should reasonably have known to be–mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout) constitutes sexual misconduct under the Student Code of Conduct.

Sexual Exploitation and/or Exposure: Sexual exploitation is when a student takes nonconsensual, unjust or abusive sexual advantage of another for his/her own pleasure, advantage or benefit, or to pleasure, benefit or advantage anyone other than the one being exploited. Sexual exposure occurs when a student engages in lewd exposure of the body done with the intent to arouse or satisfy the sexual desire of any person.