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 actions are considered unwanted when they are attempted or committed:
- through the use of a person’s incapacity or helplessness caused by alcohol or other drugs (e.g. when a person is too intoxicated to consent).
- through force, threat, coercion, or intimidation.
- when a person is asleep or unconscious.
- when a person is mentally or psychologically disabled
- when a person is under the age of sixteen (16) years and the perpetrator is eighteen (18) years of age or older.
- when a person 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 a person.
- When the individual engaged in unwanted sexual activity has been informed that their actions are unwanted.
Sexual assault can occur with any combination of genders, gender identities/expressions, and sexual orientations.
Most campus sexual assaults are alcohol-facilitated, meaning a person 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. People who engage in sexual violence 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 Institutional Compliance’s webpage on Title IX.
For additional information about state laws visit the Idaho Statutes Home Page.