Title IX

Sexual Assault

What is sexual assault?

Sexual assault is any sexual contact made without consent. Consent must
be freely given with overt words or actions that clearly communicate an
individual’s desire to engage in sexual activities. Consent is a clear yes, not
the absence of a no. Consent cannot legally be obtained if an individual is
incapacitated due to alcohol or other drugs, is unconscious or asleep, or
has limited mental capacity. Examples of sexual assault include unwanted
touching, kissing, fondling, or penetration of the mouth, vagina, or anus with
a finger, penis or object.

Specific examples of sexual assault:

• You agreed through words to do one thing, but were forced to do more
than you agreed to.
• While you were incapacitated from alcohol or drugs, someone had sex
with you or engaged in sexual activity with you. You may have been
asleep, passed out, too intoxicated to know what was happening or
were unable to stop it.
• It started with kissing and when you said no, the other person
continued. You became frozen, did not participate, but the other person
had sex with you anyway.
• Your partner forced you to have sex when you did not want to.

Wisconsin State Statues define sexual assault:

Sexual assault is any forced or coerced sexual intercourse or contact. It is a
crime of violence in which assailants, whether known to the victim or not,
are motivated by a desire to humiliate and/or exert power over the victim.
(Refer to Wisconsin State Statutes 940.225 and 948.02.) In short, any sexual
contact which you do not want is sexual assault.
Wisconsin statutes define four degrees of sexual assault. They range from
uninvited and unwanted touching to forced intercourse. Sexual assault can
occur between persons in dating or sexual relationships, including marriage.
It can also occur between persons of the same sex.