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type of relationship, and the frequency of interaction between the persons involved in the
relationship.
6.
Stalking
– A course of conduct directed at a specific person that would cause a reasonable
person to fear for his or her safety or the safety of others or suffer substantial emotional
distress.
Understanding Consent
1.
Consent
– Consent is an essential aspect of any sexual activity. Consent is clear, knowing,
and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted
as consent. Consent can be given verbally or non-verbally, as long as those words or actions
create mutually understandable, clear permission regarding willingness to engage in (and the
conditions of) sexual activity. Consent to one form of sexual activity does not imply consent
to other forms of sexual activity. Previous relationships or prior consent does not imply
consent to future sexual acts. Consent can be revoked at any time during a sexual interaction.
Consent cannot be obtained through force
a
or coercion
b
. A person who is incapacitated
c
cannot give consent. In Alabama, the legal age of consent is usually 16 years of age.
a.
Force
- The use of physical violence and/or imposing on someone physically to gain
sexual access. Force also includes threats, intimidation (implied threats), and coercion
b
to
overcome resistance or produce consent (e.g. Have sex with me, or I’ll hit you; Have sex
with me, or I’ll post compromising photos of you). Note: There is no requirement that an
individual resist the sexual advance or request, but resistance is a clear demonstration of
non-consent. Sexual activity that is forced is inherently non-consensual, but non-
consensual sexual activity does not require force.
b.
Coercion
– Exerting unreasonable pressure for sexual activity. Coercive behavior differs
from seductive behavior based on the type of pressure someone uses to get consent from
another. When someone makes clear that he or she does not want to have sex, that they
want to stop, or that they do not want to go beyond a certain point of sexual interaction,
continued pressure can be coercive.
c.
Incapacitation
– A person is incapacitated when someone cannot make rational,
reasonable decisions because they lack the capacity to give knowing consent (e.g. to
understand the “who, what, where, why or how” of their sexual interaction). Engaging in
sexual activity with someone who is known (or one should have known) to be mentally
or physically incapacitated due to mental disability, involuntary physical restraint,
alcohol or drugs, unconsciousness, sleep, or blackout constitutes a violation of this
policy.
Related Behaviors Representing Violations of the Sexual Misconduct Policy
1.
Attempted Sexual Misconduct
– An attempt to commit an act of sexual misconduct is
considered a violation of the sexual misconduct policy.