Understanding Sexual Assault

What is Sexual Misconduct?

Sexual Misconduct, as defined in the Sexual Misconduct Policy at Assumption College, includes: 

Sexual Misconduct I

  • Any sexual penetration (anal, oral or vaginal), however slight, with any object or sexual intercourse by a man or woman upon a man or woman without effective consent.
  • Sexual penetration includes vaginal or anal penetration by a penis, object, tongue or finger and oral copulation by mouth to genital contact or genital to mouth contact.

Sexual Misconduct II

  • Any intentional sexual touching, however slight, with any object by a man or woman upon a man or woman without effective consent.
  • Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another or any other bodily contact in a sexual manner.
  • Any disrobing of another or exposure to another by a man or woman without effective consent.

Sexual Exploitation

  • Any conduct in which a student takes advantage of another without his/her consent for his/her own advantage or benefit or to benefit or advantage anyone other than the one being exploited and that behavior does not constitute Sexual Misconduct I or II or Sexual Harassment.

Sexual Harassment

  • Any type of sexually orientated conduct, whether intentional or not, that is unwelcome and has the purpose or effect of creating an employment or academic environment that is hostile, offensive or coercive to a reasonable woman or man, as the case may be.

What is Consent?

Effective consent is informed, freely and actively given mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity.  Consent may never be given by minors (In Massachusetts those not yet sixteen (16) year of age), mentally disabled persons and those who are incapacitated as a result alcohol or other drug consumption (voluntary or involuntary) or those who are unconscious, unaware, or otherwise physically helpless.  Consent as a result of coercion, intimidation, threat of force, or force is not effective consent.

Massachusetts State Law