Domestic Violence: A.
(1) A person is considered incapable of consenting to a sexual act if the person is: (a) Under 18 years of age; (b) Mentally defective; (c) Mentally incapacitated; or (d) Physically helpless. (2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52] E valuate and C ommunicate Y our I ntentions Domestic Violence, Dating Violence, Stalking and Sexual Assault are issues that impact both women and men. Because the largest percentage of all college related rapes, dating violence and stalking are committed by acquaintances, it is important that you decide what you want to happen in intimate situations. Both women and men should consider the following: • Pay close attention to what is happening around you. Clearly communicate your desires, limits and intentions to your date, partner, or friend. • Intercourse becomes rape when a person is under the influence of any intoxicating or controlled substance and is thereby prevented from resisting or consenting to the sexual contact. Be aware that alcohol and other drugs can impair your judgment; make you slow or unable to escape from a dangerous situation. • Previous sexual contact, regardless of frequency, does not constitute consent for sexual activity in the present or future. A current or previous dating relationship does not constitute the basis for implied consent. • Do not assume that sexual intercourse is permissible if a person is dressed in a certain way or is incapacitated and does not give consent. • Being turned down for sexual activity is not necessarily a personal rejection. It should be accepted as expressed because “NO” means “NO.” • Assaultive behavior is never acceptable.
State Definition: Domestic Violence: Abuse between family or household members. Family or household members: Spouses or former spouses; adults related by blood, marriage or adoption, persons cohabitation or who have cohabited; persons in a past or present sexually intimate relationship; unmarried parents of a child. Abuse: The occurrence of one or more of the following acts within a domestic relationship: (a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury. (b) Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury.
(c)
Causing another to engage in involuntary sexual relations by force or threat of force.
Federal Definition: A felony or misdemeanor crime of violence committed- (a) By a current or former spouse or intimate partner of the victim (b) By a person with whom the victim shares a child in common (c) By a person who is cohabiting with or has cohabited with the victim as a spouse or a partner (d) By a person similarly situated to a spouse of the victim under the domestic violence laws of the jurisdiction in which the crime of violence occurred, or
B.
(e)
By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Dating Violence (Federal Definition) Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. (1) The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
(2)
For purposes of this definition-
(i)
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
(ii)
(3) For the purposes of complying with the requirements of this section, any incident meeting this definition is considered a
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