UW-Green Bay Counseling and Health Center
 
face of woman Sexual Assault
  Definitions, Penalties & Policies

  Although the legal definition of rape varies from state to state, rape is generally defined as forced or nonconsensual sexual intercourse. Rape may be accomplished by fear, threats of harm, and/or actual physical force. Rape may also include situations in which penetration is accomplished when the victim is unable to give consent, or is prevented from resisting, due to being intoxicated, drugged, unconscious or asleep.

Sexual assault is a broader term than rape. Sexual assault is any act (verbal and/or physical), which breaks a person's trust and/or safety and is sexual in nature. Sexual assault is any sexual contact or intercourse without consent. (Consent means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual contact or sexual intercourse.) The term "sexual violence" includes: rape, incest, child sexual assault, ritual abuse, date and acquaintance rape, marital or partner rape, sexual harassment, exposure and voyeurism.

The term "drug-facilitated sexual assault" is generally used to define situations in which victims are subjected to nonconsensual sexual acts while they are incapacitated or unconscious due to the effects of alcohol/and/or other drugs and are therefore, prevented from resisting and/or are unable to give consent. (See Rape Drugs)

SEXUAL HARASSMENT
State law and University policy prohibit sexual harassment, including intentional verbal/physical conduct or other behavior that demeans the sex of a person or persons and which interferes with or creates an intimidating, hostile or demeaning environment for a student's education, employment or other university-authorized activity. This can include unwelcome requests of sexual favors, sexual slurs, jokes or threats.
http://www.uwgb.edu/hr/documents/HarassmentAndDiscriminationPolicy.pdf

ACQUAINTANCE RAPE
Acquaintance rape is sexual assault by a friend, date, acquaintance, co-worker or relative. In most cases, the perpetrator is known and trusted by the victim.

STALKING
A person stalks a victim in Wisconsin when s/he engages in a "course of conduct" that causes the victim to experience serious emotional distress or to fear bodily injury or death of her/himself, to a family member, or to a member of his/her household.
www.ncvc.org/src/


 
 
Offense Definitions Penalty
First Degree Sexual Assault
s.940.225 (1)
Sexual intercourse or contact with another person without the consent of that person, and 1) involving the use or threat of force or violence, 2) resulting in pregnancy or great bodily harm, or 3) aided by one or more persons. First-degree sexual assault is a felony.
Imprisonment for not more then 60 years.
Second Degree Sexual Assault
s.940.225 (2)
Sexual intercourse or contact with another person without the consent of that person and 1) involving the use or threat of force or violence, 2) resulting in injury, illness, disease or mental anguish, or 3) if the person is known to be unconscious or suffering from mental illness or deficiency. Second-degree sexual assault is a felony.
A fine not to exceed $10,000 or imprisonment not to exceed 40 years, or both.
Third Degree Sexual Assault
s. 940.225 (3)
Sexual intercourse with another person without the consent of that person. Third degree sexual assault is a felony.
A fine not to exceed $25,000 or imprisonment not to exceed 10 years or both.
Fourth Degree Sexual Assault
s.940.225 (3m)
Sexual contact with another person without the consent of that person. Fourth degree sexual assault is a misdemeanor.
A fine not to exceed $10,000 or imprisonment not to exceed 9 months or both.
Sexual Exploitation by a Therapist. Intentional sexual contact with a patient or client during an ongoing therapeutic/patient relationship by a therapist or someone who claims to be a therapist. Imprisonment for no more then five years and/or fined not more then $10,000.
 
 

UW-GREEN BAY POLICIES ON SEXUAL ASSAULT AND VIOLENCE:

 
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