Legal Definitions and Crime Data

Sexual assault

Sexual assault is any form of unwanted sexual contact obtained without consent and/or obtained through the use of force, threat of force, intimidation, or coercion. Sexual assault is an act of violence and power. It is a criminal act that can be prosecuted under Wisconsin state law, as well as under the University’s student misconduct code.

Sexual assault affects people regardless of gender, race, ethnicity, age, sexual orientation, religion, or ability. A sexual assault can range from unwanted sexual contact over the clothes, like touching someone's buttock or fondling their breasts, to rape.

The legal system has created four different levels of unwanted sexual contact and penetration:

• Fourth degree sexual assault: sexual contact with a person without consent of that person.
• Third degree sexual assault: sexual intercourse with a person without consent of that person.
• Second degree sexual assault: sexual contact or intercourse with a person without consent of that person, and with the use of threat, force, or violence, or resulting in injury or mental anguish.
• First degree sexual assault: sexual contact or intercourse with a person without consent of that person by use of, or threat of use of a dangerous weapon, or which causes pregnancy or great bodily harm.

The degree of a sexual assault incident depends on the severity of the assault. As danger to the victim increases (from fourth to first degree), so do the corresponding penalties for the perpetrator. Legally, an assault is considered more dangerous when weapons, force, considerable bodily harm, multiple assailants, and/or pregnancy are results of the sexual assault.

It is important to remember that sexual assault takes many forms, some of which do not involve penetration. Also, everyone responds to traumatic events like sexual assault differently and regardless of the degree of sexual assault, a survivor's individual experience and feelings must be supported and respected.

Consent

Consent is informed, freely and actively given, and mutually understood permission/agreement. If physical force, coercion, intimidation, and/or threats are used, there is no consent. If the victim/survivor is mentally or physically incapacitated or impaired so that they cannot understand the sexual situation, there is no consent. This includes impairment due to alcohol or drug consumption and being asleep or unconscious.

Same-sex sexual assault

Same-sex sexual assault is when a sexual assault occurs and the victim and the perpetrator are the same sex. This does not necessarily mean that they identify as lesbian, gay, bisexual, or transgender.

Same-sex sexual assault involves any type of unwanted sexual contact obtained without consent and/or obtained through the use of force, threat of force, intimidation, or coercion. Same-sex sexual assault can happen on a date, or between friends, acquaintances, partners, or strangers.