Sexual Assault- intentional sexual contact by use of force, threats, intimidation, or abuse of authority, or when the victim does not or cannot consent. Includes rape, aggravated sexual contact, abusive sexual contact, forcible sodomy (oral or anal sex), or attempts to commit any of these acts.
Consent- words or overt acts indicating a freely given agreement to the sexual conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused’s use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent. There is no consent where the person is sleeping or incapacitated, such as due to age, alcohol or drugs, or mental incapacity.