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SEXUAL VIOLENCE
What is sexual violence? |
What is non-stranger rape? |
What is sexual harassment? |
Examples of sexual violence |
Federal and Georgia laws
What is sexual violence?
Sexual violence is unwanted or harmful sexual behavior that is used to gain control and power over another person. Sexual violence includes nonverbal, verbal and physical sexual harassment; sexual assault; rape; sexual battery; and forced sodomy. Sexual violence most often occurs between people in intimate relationships and between old or new acquaintances, but it also occurs between strangers. It occurs in opposite-sex and same-sex encounters.
What is non-stranger rape?
Non-stranger rape is forced or coerced sexual intercourse between people who are acquainted with one another. When someone you know forces you to have sex against your will - whether you are passed out, too drunk to refuse, too scared to argue, or, for some other reason, do not give consent - is non-stranger rape. The offender can be a friend, co-worker, classmate, relative, neighbor, or anyone else with whom you are acquainted. He/she may be someone you meet at a party, a coffee shop, a restaurant, or a bar. He/she can be a friend of a friend.
Non-stranger rape is the most common form of rape.
What is sexual harrassment?
Sexual harassment is unwanted or unwelcome behavior of a sexual nature. The behavior can be nonverbal, such as obscene gestures or forced viewing of pornographic material. The behavior can be verbal, such as requests, comments, jokes, name-calling, or rumors of a sexual nature. The behavior can be physical, such as touching, pinching, groping, patting, sexual assault or rape.
If you are being sexually harrassed:
- Let the harasser know that the behavior is not welcome. Make it clear that the behavior is offensive to you and it is sexual harassment.
- Keep a written log of sexually harassing behaviors. Record the date, time, and description of each occurrence. This log will be crucial if you choose to file a complaint. Don't rely on your memory of these events.
- If the harassment is severe, very bothersome or continual, you can report it. The University of Georgia encourages any person who feels she or he has been sexually harassed by someone with institutional authority to report the incident to the Sexual Harassment Prevention and Compliance Officer at 706-542-0006. Sexual harassment between students, neither of whom is employed by the University, should be treated as a disciplinary matter and should be reported to the Office of Affairs Judicial Programs, 706-542-1131.
- Get help or support. Being a victim of sexual harassment can be stressful. It can help to talk with someone you trust about your experience or consider talking with a counselor.
Avoid sexual harrassment:
- Become familiar with UGA's Sexual Harassment Policy.
- Understand the difference between flirting and harassment. Flirting is mutually desired. If the recipient of the action is uncomfortable, the action is harassment. If you are not sure if your sexual behavior is wanted, don't do it.
- If you are asked to stop a sexual behavior, make sure you stop!
Examples of sexual violence
Using threats and intimidation to get sex is sexual violence.
"My partner threatened to break up with me if we didn't have sex soon, so I just went along with it even though I didn't want to."
Not taking no for an answer is sexual violence.
"My spouse wanted to have sex, but I didn't. I kept saying no, but my spouse would not leave me alone. I didn't know what else to do, so I just gave in."
Using drugs or alcohol to facilitate sex is sexual violence.
"She said no at first, but after a few hours of me buying her drinks at the bar it was easy to get her to come home with me and have sex."
Using physical force or threats of force to get sex is sexual violence.
"I said no, but the person just held me down and did it anyway."
Unwanted sexual touching (sexual battery) is sexual violence.
"I was on a crowded bus and someone grabbed my butt."
Unwanted requests, comments, jokes, name-calling, or rumors of a sexual nature are sexual violence.
"He told everyone that I was a slut and would sleep with anyone."
Street harassment is sexual violence.
"I was out for a jog and a car full of people drove by and yelled obscene things at me."
Federal Laws
The Federal government defines rape as forced (physical or psychological coercion) sexual intercourse. Forced sexual intercourse means vaginal, anal, or oral penetration by the offender(s), including incidents where the penetration is from a foreign object such as a bottle. This includes attempted rape, female and male victims, and both opposite and same-sex encounters. Sexual intercourse with a woman who is unable to consent is rape. A woman whose will is temporarily lost due to intoxication or unconsciousness arising from sleep or the use of alcohol or drugs cannot legally consent to sex. Attempted rape includes verbal threats of rape.
TITLE 18 > PART I > CHAPTER 109A
Sexual abuse - § 2242.
Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly-
(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or
(2) engages in a sexual act with another person if that other person is-
(A) incapable of appraising the nature of the conduct; or
(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act;
or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both.
TITLE 18 > PART I > CHAPTER 109A
Definitions for chapter -§ 2246.
As used in this chapter -
(2) the term "sexual act" means-
(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person
The Drug-Induced Rape Prevention and Punishment Act of 1996 amends the Controlled Substances Act (CSA) to impose penalties of up to 20 years' imprisonment and a fine for violating CSA provisions in accordance with Title 18, United States Code, by distributing a controlled substance to an individual without that individual's knowledge, with the intent to commit a crime of violence, including rape, against such individual.
Sexual Harrassment:
The U.S. Department of Education Office for Civil Rights prohibits federally funded agencies from discriminating on the basis of race, sex or disability. According to Title IX, sexual harassment is one form of prohibited sex discrimination.
Under Title IX, the University of Georgia is required to have a Sexual Harassment Policy. Violation of the UGA Non-Discrimination and Anti-Harassment Policy is a violation of the Code of Conduct. www.uga.edu/legal/NDAH.htm
There are two kinds of sexual harassment that are federally prohibited. One is called hostile environment harassment. This kind of sexual harassment may be occurring if the harasser is another student or a visitor on campus. A hostile environment exists if the behavior is so severe, pervasive or persistent that it interferes with the target's ability to participate in University activities. A hostile environment is usually created by repeated incidents of sexual harassment, but a single event of extreme severity can create a hostile environment.
The other kind of illegal harassment is quid pro quo (Latin for "this for that"). This kind of harassment may be occurring if the harasser is someone with institutional authority over you, such as a professor or supervisor. In these situations, the harasser abuses his or her power by pressuring you to comply with their sexual advances. For example, a professor who promises an "A" to a student who goes on a date with him is committing quid pro quo sexual harassment.
Georgia State Law
Rape- § 16-6-1, GCA § 26-2001
A person commits the offense of rape when he has carnal knowledge of a female forcibly against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to the charge of rape.
A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by imprisonment for not less than 10 nor more than 20 years.
Aggravated Sodomy- § 16-6-2, GCA § 26-2002
A person commits the offense of aggravated sodomy when he or she commits sodomy with force against the will of the other person or when he or she commits sodomy with a person who is less than 10 years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten nor more than 30 years.
Sexual Battery- § 16-6-22.1
A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts (primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female) of the body of another person without the consent of that person.
A person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
Aggravated Sexual Battery- § 16-6-22.2
A person commits the offense of aggravated sexual battery when he intentionally penetrates with a foreign object (article or instrument other than the sexual organ of a person) the sexual organ or anus of another person without the consent of that person.
A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than 10 nor more than 20 years.
Statutory Rape- § 16-6-3
A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and nor his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided however that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than 10 nor more than 20 years; provided, further, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person shall be guilty of a misdemeanor.
Public Indecency- § 16-6-8
A person commits the offense of public indecency when he or she performs any of the following acts in a public space: sexual intercourse; a lewd exposure of the sexual organs; a lewd appearance in a state of partial or complete nudity; or a lewd caress or indecent fondling of the body of another person.
A person convicted of the offense of public indecency...shall be punished for a misdemeanor. Upon a third or subsequent conviction...a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
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