UC Santa Cruz Title IX/Sexual Harassment Office


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UCSC Policies and Procedures

UCSC Policy on Sexual Assault and UC Policy on Sexual Harassment


Appendix B: Definition of Sex Crimes
(taken from the California Penal Code)

The following definitions are provided to educate the campus community about sex crimes and to assist a complainant in determining the wrongs that may have been committed. These definitions are taken from the California Penal Code and they explain the elements that must be present for the crime to have occurred. If what happened to you does not exactly meet any of these definitions but you feel uncomfortable or angry, please contact one of the resources listed in this policy for support and/or clarification.

RAPE
Rape is an act of sexual intercourse. Any sexual penetration, however slight, is sufficient to complete the crime. Rape is accomplished with a person under any of the following circumstances:

1. Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.

2. Where the act is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

a. Duress
A direct or implied threat of force, violence, danger, hardship, or retribution sufficient to coerce a reasonable person of ordinary susceptibility (liable to be affected by something) to perform an act which otherwise would not have been performed, or acquiesce in an act to which one would not have submitted.

b. Menace
Any threat, declaration or act which shows an intention to inflict an injury upon another.

c. Consent
Positive cooperation in the act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. A current or previous dating relationship shall not be sufficient to constitute consent.

3. Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, administered by or with the privity (knowledge) of the accused.

4. Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in the paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:

a. was unconscious or asleep;
b. was not aware, knowing, perceiving, or cognizant that the act occurred;
c. was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.

5. Where a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused with intent to induce the belief.

6. Where the act is accomplished against the person's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat.

7. Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.

ACQUAINTANCE RAPE (Date Rape)
This is the most prevalent form of rape on college campuses. The acquaintance may be a date or boyfriend of the target, or someone the target knows only casually, from her residence on campus, a class, or through mutual friends. Regardless of the relationship between them, if one person uses any of the above circumstances to force or coerce sexual intercourse with another it is rape. The same criminal laws and penalties apply in cases of acquaintance rape as in cases of stranger rape.

ORAL COPULATION
Oral copulation is the act of copulating (uniting) the mouth of one person with the sexual organ or anus of another person. The seven factors described above under rape are applicable here.

SODOMY
Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the act of sodomy. The seven factors described above under rape are applicable here.

PENETRATION OF GENITAL OR ANAL OPENINGS BY FOREIGN OBJECT
Penetration, however slight, of the genital or anal openings of any person, or causing another person to so penetrate another person's genital or anal openings, for the purpose of sexual arousal, gratification, or abuse, by any foreign object, substance, instrument, or device (foreign object includes any part of the body except a sexual organ, including fingers) is considered rape when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, or where the act is accomplished against the victim's will by threatening to retaliate in the future.

ASSAULT WITH INTENT TO COMMIT RAPE
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. According to the California Penal Code, "Every person who assaults another with intent to commit . . . rape . . . is punishable by imprisonment in the state prison for two, four, or six years."


SEXUAL BATTERY
Any person who touches an intimate part of another person, if the touching is against the will of the person touched and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of a sexual battery.

a. Touches
Touches means physical contact with the skin of another person whether accomplished directly or through the clothing of the person committing the offense.

b. Intimate part
Intimate part means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.


INDUCING SEXUAL ACT

Whenever any person induces any other person to engage in sexual intercourse, penetration of the genital or anal openings by a foreign object, substance, instrument, or device, oral copulation, or sodomy when his or her consent is procured by false or fraudulent representation or pretense that is made with the intent to create fear, and which does induce fear, and that would cause a reasonable person in like circumstances to act contrary to the person's free will, and does cause the victim to so act is guilty of a crime. Fear means the fear of unlawful physical injury or death to the person or to any relative of the person.

STATUTORY RAPE
See below - Unlawful Sexual Intercourse with a Minor

RAPE IN CONCERT WITH ANOTHER PERPETRATOR
Aiding or abetting or acting in concert with another person in the commission of a rape or the penetration of the anal or vaginal opening with a foreign object is a crime.

UNLAWFUL SEXUAL INTERCOURSE WITH A MINOR
Unlawful sexual intercourse with a minor occurs when the victim is considered incapable of giving legal consent because they are 17 years or younger, even if the intercourse is consensual. Where the person engaging in sexual intercourse with a minor is younger, or not more than three years older than the minor, the crime is a misdemeanor. If more than three years, then the crime is a felony.


Amended 2001

 

 

UCSC Policies

UCSC Procedures

Appendices:

 

Contact Rita Walker , Title IX Officer: 105 Kerr Hall . email: rew@ucsc.edu . phone 831.459.2462 * 831.459.4825