SIENA HEIGHTS UNIVERSITY SAFETY AWARENESS HANDBOOK
Inducement of incapacitation of another with the intent to affect the ability of an individual to consent or refuse to consent to sexual contact almost always , if not always , negates consent . Silence does not necessarily constitute consent . Whether a person has taken advantage of a position of influence over an alleged victim may be a factor in determining consent ( Siena ).
There are four different ways in which a person is unable to give consent with regard to criminal sexual conduct according to the Michigan Penal Code :
1 . The person is underage . In the State of Michigan , the age of consent is 16 . People who engage in sexual activity with children who are underage can be charged with statutory rape , which is also called criminal sexual conduct in Michigan . Even if a person under the age of 16 has agreed to a sexual relationship or has pursued the act , the defendant can still face criminal charges .
2 . The person is intoxicated . A person who has consumed too much alcohol is unable to give consent to sexual activity . Researchers have found that alcohol facilitated rape is the most common form of sexual violence against women .
3 . The person who has a developmental disability . According to the Michigan Penal Code , a developmental disability is defined as a person has an impairment of the general intellectual functioning or adaptive behavior that originated before they were 18 years of age , continued since it was first originated , constitutes a substantial burden to the impaired persons ’ ability to perform in society . That could include individuals with cerebral palsy , epilepsy , or autism .
4 . The person was given a date rape drug . A date rape drug , also known as a predator rape , is considered a sexual assault carried out when a person has become incapacitated due to being under the influence of any mind-altering substances . ( State of Michigan ).
Dating Violence : Violence committed by a person ( 1 ) who is or has been in a social relationship of a romantic or intimate nature with the victim , and ( 2 ) the existence of such a relationship shall be based on the reporting party ’ s statement and with consideration of the length of the relationship , the type of the relationship , and the frequency of interaction between the persons involved in the relationship . For the purposes of this definition dating violence includes , but is not limited to , sexual or physical abuse or the threat of such abuse . Dating violence does not include acts covered under the definition of domestic violence ( Clery ) ( The State of Michigan does not have a Dating Violence statute ).
Domestic Violence : Felony or misdemeanor crimes of violence committed : ( i ) by a current or former spouse or intimate partner of the victim ; ( ii ) by a person with whom the victim shares a child in common ; ( iii ) by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner ; ( iv ) by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred ; or ( v ) by any other person against an adult or youth victim who is protected from the person ’ s actions under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred ( Clery ). State of Michigan : assault and assault and battery of his
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