ILLINOIS LAW

According to Illinois Law, Criminal Sexual Assault is:

• An act of sexual penetration by the use of force or threat of force; or
• An act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or
• An act of sexual penetration with a victim who was under 18 years of age when the act was committed and the accused was a family member; or
• An act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.

For more information: Illinois Criminal Sexual Assault Act

LOYOLA COMMUNITY STANDARDS

According to the Loyola Student Handbook, sexual assault is a form of sexual misconduct, defined further as:

1. NON‐CONSENSUAL SEXUAL INTERCOURSE:

Non‐Consensual Sexual Intercourse (commonly known as rape or sexual assault) is

• any sexual intercourse (anal, oral, or vaginal),
• however slight,
• with any body part,
• or object,
• by a person of any sex upon a person of any sex,
• without consent*.

An infraction of this policy is a Category C violation. Standard sanctions may range from an oral/written warning to suspension or expulsion from the university.

2. NON‐CONSENSUAL SEXUAL CONTACT:

Non‐Consensual Sexual Contact (which may also be known as sexual assault) is

• any intentional sexual touching,
• however slight,
• with any body part,
• or object,
• by a person of any sex upon a person of any sex,
• without consent*.

An infraction of this policy is a Category C violation. Standard sanctions may include suspension or expulsion from the university.

*CONSENT DEFINED

Consent is a clear YES to the sexual act in question.  Consent is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity.

Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.

Previous relationships or consent cannot imply consent to future sexual acts.

Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion.

Coercion is 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 to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

In order to give effective consent, one must be of legal age.

If you have sexual activity with someone you know to be‐‐or should know to be-mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), you are in violation of this policy.

Incapacitation is a state where one cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction.

This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of a so‐called “date‐rape” drug.

Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student for the purpose of inducing incapacity is a violation of this policy.

Use of alcohol or other drugs will never function to excuse behavior that violates this policy.

Sexual activity includes:

Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

Intercourse however slight, meaning vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact).

Additional information about sexual misconduct, hearings, and sanctions, is available in the Loyola Student Handbook.