Sexual Assault Prevention and Intervention Committee (SAPIC) : I. What is sexual violence?

I. What is sexual violence?

The Amherst College Student Handbook defines sexual harassment as:

Unwelcome sexual advances, requests for sexual favors and other unwelcome verbal or physical conduct of a sexual nature constitute sexual harassment when:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic work, or participation in social or extracurricular activities

submission to or the rejection of such conduct by an individual is used as the basis for decisions affecting the individual

such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile or demeaning working, academic or social environment.

The Commonwealth of Massachusetts defines rape as:

The penetration of any bodily orifice without consent and with force or threat of force. Penetration can be with fingers, objects or penis to the vagina, mouth or anus.

In addition in Massachusetts it is illegal to have sex with someone who is incapable of giving consent because:

they are intoxicated

they are unconscious

they are mentally incompetent

A person cannot give or receive consent if the are drunk. Does this mean that anytime you have sex with someone who is drunk or high you are comitting rape?

Not necessarily.

The intention of the law is to make rape easier to prosecute, not to outlaw all sexual encounters that involve drugs or alcohol. However, it is important to keep in mind the varying effects that drugs and alcohol have on individuals. If you are in a sexual situation and either you or your partner is drunk or high, you should consider whether you and your partner are capable of giving, and receiving consent. Communication -- the ability to determine, to convey, and to hear, what is and what is not acceptable to you and your partner -- is important in any sexual encounter. If you have been drinking or are high, be especially clear about what behaviors you want and don't want.

Back to FAQ

		Home \| Links \| Medical Info \| Sexual Assault FAQ \| Where To Go For Help


	I. What is sexual violence? The Amherst College Student Handbook defines sexual harassment as: Unwelcome sexual advances, requests for sexual favors and other unwelcome verbal or physical conduct of a sexual nature constitute sexual harassment when: submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic work, or participation in social or extracurricular activities submission to or the rejection of such conduct by an individual is used as the basis for decisions affecting the individual such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile or demeaning working, academic or social environment. The Commonwealth of Massachusetts defines rape as: The penetration of any bodily orifice without consent and with force or threat of force. Penetration can be with fingers, objects or penis to the vagina, mouth or anus. In addition in Massachusetts it is illegal to have sex with someone who is incapable of giving consent because: they are intoxicated they are unconscious they are mentally incompetent A person cannot give or receive consent if the are drunk. Does this mean that anytime you have sex with someone who is drunk or high you are comitting rape? Not necessarily. The intention of the law is to make rape easier to prosecute, not to outlaw all sexual encounters that involve drugs or alcohol. However, it is important to keep in mind the varying effects that drugs and alcohol have on individuals. If you are in a sexual situation and either you or your partner is drunk or high, you should consider whether you and your partner are capable of giving, and receiving consent. Communication -- the ability to determine, to convey, and to hear, what is and what is not acceptable to you and your partner -- is important in any sexual encounter. If you have been drinking or are high, be especially clear about what behaviors you want and don't want. Back to FAQ