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Sexual Assault

Sexual assault is any unwanted sexual activity without consent, including: unwanted vaginal, anal, or oral touching or penetration; battery; non-consensual sodomy; and non-consensual penetration with a foreign object. These acts constitute sexual assault when they are attempted or committed:

  • through the use of the victim’s incapacity or helplessness caused by alcohol or other drugs (e.g., when the victim is too intoxicated to consent);
  • through force, threat, coercion, or intimidation;
  • when the victim is asleep or unconscious;
  • when the victim is mentally or psychologically disabled;
  • when the victim is under the age of sixteen (16) years and the perpetrator is eighteen (18) years of age or older.
  • when the victim is sixteen (16) or seventeen (17) years of age and the perpetrator is three (3) years or more older (to the exact birth date) than the victim.
  • When the perpetrator has been informed that their actions are unwanted.

Sexual assault can occur with any combination of genders, gender identities/expressions, and sexual orientations.

An acquaintance, a family member, or a stranger can commit sexual assaults. According to a Department of Justice report , “Ninety percent of college women who are victims of rape or attempted rape know their assailant. The attacker is usually a classmate, friend, boyfriend, ex-boyfriend, or other acquaintance (in that order).”

Most campus sexual assaults are alcohol facilitated, meaning the victim is incapacitated to a point where they are not legally able to give consent.  If a person has been drinking and they are sexually assaulted, they are never at fault for the perpetrator’s actions.  Offenders are always responsible for their choice to assault someone.

For more information about the University sexual harassment and misconduct policies, visit University Student Code of Conduct and the General Counsel’s webpage on Title IX.

For additional information about state laws visit the Idaho Statutes Home Page.