Definitions

Legal definitions and categories based on the Ohio Revised Code 2907.01-2907.09

Sexual Assault

This is not a legal definition or category. It is an umbrella term covering the classifications above and a wide range of actions taken against a person without the person's consent, against the person's will, or under force, threat of force, or coercion. Sexual activity occurring when someone is medicated, asleep, passed out, or drunk can also be illegal. In these situations a person cannot truly consent since she or he is not in a coherent state of mind.

Sexual Conduct

Vaginal intercourse between a male and female, anal intercourse, or oral sexual activity between persons regardless of gender. Penetration with any body part or object, however slight, is sufficient to complete vaginal or anal intercourse.

Sexual Contact

Any touching of an erogenous zone of another, including the thigh, genitals, buttocks, anal zones, pubic region, areas particularly sensitive to sexual stimulation, or, if such person is female, breast(s), for the purpose of sexually arousing or gratifying either person.

Sexual Other

Minor incidents of a sexual nature which may or may not involve physical contact. (Example: offensive sexual words or comments, bumping, gestures, etc.)

Stalking

Stalking is a series of actions that make you feel afraid or in danger. Stalking is serious, often violent, and can escalate over time. A stalker can be someone you know well or not at all. Most have dated or been involved with the people they stalk. Most stalking cases involve men stalking women, but men do stalk men, women do stalk women, and women do stalk men.

Rape

Engaging in sexual conduct by force or threat of force; or for the purpose of preventing resistance, offender substantially impairs victim's judgment or control by giving any drug/intoxicant secretly or by force, threat of force, or deception. Victim need not prove physical resistance.

Sexual Assault Information

This is not a legal definition or category. There are occasions when a third party will share information regarding an alleged incident which may have occurred on campus. Many times the person sharing the information provides little or no detail regarding the victim, suspect, time, place or what actually happened. If the BGSU Police Department is made aware of this third party information and it is determined that a sexual assault may have occurred on university property or public property within or immediately adjacent to campus, this information will be recorded as “sexual assault information” for the benefit of our students and the campus community.

Gross Sexual Imposition

Having sexual contact with another, by force or threat of force; or the offender substantially impairs the other person's judgment or control using drugs or intoxicants secretly or by force, threat of force or deception.

Public Indecency

Recklessly exposing one's private parts, or masturbating; engaging in conduct appearing to an ordinary observer to be sexual conduct or masturbation.

Voyeurism

Trespassing or secretly invading privacy of another; to spy or eavesdrop upon another with the purpose of sexually arousing or gratifying one's self.

Consent

Consent is present when an individual has the capacity to voluntarily, knowingly and affirmatively agree to engage in a sexual activity.

An individual cannot give consent when the individual:

  • Is substantially impaired by any drug or intoxicant; or
  • Has been compelled by force, threat of force, deception; or other coercion; or
  • Is unaware that the act is being committed; or
  • Ability to voluntarily, knowingly and affirmatively give consent is impaired because of a mental or physical condition; or
  • Who is coerced by supervisory or disciplinary authority.
  • Consent may be withdrawn at any time

Prior sexual activity or relationship does not, in and of itself, constitute consent. An individual must be of legal age to give consent, as defined by the State of Ohio.