What is Sexual Assault?

The legal term for sexual assault/rape in the state of Florida is Sexual Battery. It is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object when consent is not given.

Types of Rape

  • Stranger Rape involves a victim and offender who have no relationship before the assault and do not even recognize each other.
  • Acquaintance Rape involves a victim and an offender who know each other, including but not limited to coworkers, fellow peers or students, relatives, neighbors, or friends. Approximately 80% of rapes are perpetrated by acquaintances, not strangers.
  • Date Rape is sexual contact that occurs within a relationship that might be appropriate for sexual intimacy, but consent is not gained and sexual acts are achieved through coercion or violence.
  • Marital Rape, similar to Date Rape involves a victim and offender who are spouses.

Important Definitions

Effective Consent: words or actions that show a knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Effective consent cannot be gained by force, by ignoring or acting in spite of the objections of another, by coercion, manipulation or assumption, or from an individual who is incapacitated or intoxicated. Effective consent is also absent when the activity in question exceeds the scope of effective consent previously given. In the State of Florida, a minor under the age of 18 cannot give consent, unless the minor is 16 or 17 years of age and the sexual activity is with a person 23 years of age or younger.

Incapacitation: The physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, sleep, blackouts, flashbacks and intoxication. However, where alcohol or another drug is involved, an individual does not have to reach the level of being intoxicated or drunk to be considered incapacitated. Rather, incapacitation is determined by how the alcohol or drug consumed impacts an individual's decision-making capacity, awareness of consequences, and ability to make informed judgments. Because incapacitation may be difficult to discern, students are strongly encouraged to err on the side of caution. Note: Being intoxicated or drunk is never a defense to a charge of sexual misconduct under this policy.

Investigators: The individuals designated by the University Title IX Coordinator to conduct investigations of alleged sexual misconduct and gender-based discrimination under this policy.

Non-Consensual Sexual Intercourse: Sexual intercourse that occurs without effective consent.

Sexual Contact: The deliberate touching of a person's intimate parts (including genitalia, groin, breast or buttocks or clothing covering any of those areas), or using force to cause a person to touch his or her own or another person's intimate parts.

Sexual Exploitation: Taking sexual advantage of another person without effective consent, which includes, but is not limited to , causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over such other person; causing the prostitution of another person; recording, photographing or transmitting identifiable images of sexual activity or intimate parts of another person without that person's effective consent; allowing third parties to observe sexual acts without the effective consent of all participants; engaging in voyeurism; and/or knowingly or recklessly exposing another person to a significant risk of a sexually transmitted infection, including HIV.

Sexual Intercourse: Oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.