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Sexual
assault, often
referred to as rape, is legally defined differently in each state.
In New Jersey, the law
defines sexual assault as "the penetration, no matter how slight, in which
physical force or coercion is used or in which the victim is physically
or mentally incapacitated". Penetration is defined as "vaginal intercourse,
cunnilingus, fellatio or anal intercourse between persons or the insertion
of a hand, finger or other object into the anus or vagina by either the
actor or upon the actor's instruction" (NJSA 2C:14-1).
The law in New Jersey,
which is gender neutral, does not specify male or female, but uses the
words "actor" and "victim" to describe the persons involved.
Consent:
According to New Jersey law, age, physical impairment and mental
impairment all contribute to a person's ability to give consent. A person
must be 16 years of age to legally consent to sexual activity. A person
cannot give consent to sexual activity with someone who has "the duty to
care" for them unless they are over the age of 18. Individuals that fall
into "the duty to care" category would include parents or guardians, and
those in any type of formal supervisory role. If individuals are between
the ages of 13 and 15 they can legally consent to sexual activity with a
partner who is not more than 4 years older.
An individual who is
physically or mentally impaired generally cannot give consent to sexual
activity. Physical or mental impairment includes: visual, speech or
hearing impaired, a person with a cognitive impairment; a person who is
unconscious or sleeping; or a person who is involuntarily under the
influence of alcohol or other substance(s). (R. D. Laurino, Personal
communication, February 19, 2003)
Criminal sexual
contact is legally defined as "intentional, non-consensual touching by
the victim or actor, either directly or through clothing, of a victim's or
actor's sexual organs, genital area, anal area, inner thigh, groin, buttock
or breast, for the purpose of degrading or humiliating the victim or
sexually arousing or sexually gratifying the actor," (NJSA
2C:14-3).
Sexual Harassment
is not included in the legal definition of sexual assault, but sexual
assault can be a part of sexual harassment. Within employment or school
settings, sexual harassment is a form of sex discrimination that is
prohibited by Title VII of the Civil Rights Act of 1964 under the Federal
law. Title VII defines sexual harassment as "unwelcome" sexual conduct
that is a term or condition of employment (29 C.F.R. 1604. 11a). For more
information about this type of sexual harassment, contact the Office of Employment Equity at http://uhr.rutgers.edu/equity.
Peer sexual
harassment occurs in a variety of forms that may include sexual
assault or criminal sexual contact. Other forms of this type of harassment
include sexual comments, noises or gestures that threaten, scare, or make
the victim uncomfortable. The behavior of the perpetrator would determine
what crime was committed.
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