1.6.7.2 - Sexual Assault

The following definitions are taken from the Violence Against Women Act and the US Code. They are not the same definitions used in the Ohio Revised Code for these crimes or in Xavier's Student Handbook and HCAP defining this type of misconduct. These definitions are used by Xavier's Clery Compliance Officer to help classify crimes for counting purposes only. They are not used in the criminal prosecution under Ohio Law or in the student or employee conduct processes at Xavier.

• "Sexual assault" means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's Uniform Crime Reporting system. A sex offense is any act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
• Rape is defined as the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Fondling is defined as the touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
• Incest is defined as non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape is defined a non-forcible sexual intercourse with a person who is under the statutory age of consent.
• Sexual Assault is also defined in Ohio state criminal statutes.