What Constitutes Sexual Assault?
Wheaton defines sexual assault (including but not limited to rape) as any kind of sexual physical contact that involves force or any form of coercion or intimidation. Also included in this definition is sexual physical contact with a person who is unable to consent.
Sexual physical contact includes the intentional touching of another person on the area of the body generally recognized as a private part of the body, or touching any part of another person's body with a private part of one's own body. An unwarranted touch may be considered sexual physical contact, no matter how slight it is.
A person who is unable to consent includes, but is not limited to, any person under age 16; anyone who is physically helpless or anyone who is mentally incapacitated. A physically helpless person is considered to be one who is unconscious or for any other reason unable to communicate unwillingness to engage in any act. A mentally incapacitated person may be one who is under the influence of alcohol or a drug, or who is mentally incapable of understanding the implications and consequences of any act.
The United States Supreme Court has concluded that sexual harassment may, in some cases, constitute sexual assault. (Wheaton's Sexual Harassment Policy can be found in the student handbook).