SIENA HEIGHTS UNIVERSITY SAFETY AWARENESS HANDBOOK
putting the victim in fear ( Clery ).
Sexual Assault : An offense that meets the definition of rape , fondling , incest , or statutory rape as used in the FBI ’ s Uniform Crime Reporting system . A sex offense is any act directed against another person ’ s , without the consent of the victim , including instances where the victim if incapable of giving consent ( Clery ).
Criminal Sexual Conduct : Sexual Assault is any form of unwanted sexual contact obtained without consent and / or obtained through he use of force , threat of force , intimidation , or coercion .
1st degree ( felony ): a sexual act involving penetration ( broadly defined ) and any of the following :
• Victim is under 13 years old ;
• Victim is 13-15 years old + is a blood affiliation to the defendant , lives in the defendant ’ s household , or the defendant is in an authority position to the victim ;
• Multiple actors are involved and forced / coercion was used to accomplish the sexual penetration or the victim is incapacitated ( physically helpless , mentally incapacitated or mentally defective ) weapon involved ;
• Personal injury + force / coercion ;
• Personal injury + victim incapacitated ( unable to consent due to age , mental challenge or due to intoxication , date rape drug etc ); or
• Defendant is in the process of committing another felony .
2nd degree ( felony ): sexual contact ( no penetration ) with the genital area , groin , inner thigh , buttock or breast , AND any of the circumstances listed for 1st degree CSC .
3rd degree : sexual penetration and any of the following :
• Victim is 13-15 years old ;
• Force or coercion ; or
• Victim is incapacitated ( unable to consent due to age , mental challenge , intoxication , date rape drug , etc .);
4th degree ( misdemeanor ): Sexual Contact and any of the following :
• Force or Coercion ;
• Victim incapacity ( unable to consent due to age , mental challenges , intoxication , date rape drug , etc );
• Defendant works for the Department of Corrections and victim is an inmate ( State of Michigan ).
Sexual Harassment : • unwelcome , • sexual , sex-based , and / or gender-based verbal , written , online , and / or physical conduct ( Clery ).
Sex Offenses : any sexual act directed against another person , without the consent of the victim , including instances where the victim is incapable of giving consent .
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