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Sex Offenses - Clery Crimes/Hierarchy Rules

Sex Offenses

a. Rape

  • 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 consent of the victim. (Count one offense per victim)

b. Fondling (sexual battery)

  • The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental capacity. (Count one offense per victim)

c. Incent

  • Sexual intercourse between people who are related to each other within the degrees wherein marriage is prohibited by law. (Count one offense per victim)

d. Statutory Rape

  • Sexual intercourse with a person who is under the statutory age of consent. (Count one offense per victim)
    • 18.2-63 Sex with a minor 13> < 15 years old
    • 18-2-371 Sex with a minor 15>

Comments

•    The ability of the victim to give consent must be a professional determination by a law enforcement agency  
•    A male could be a victim of female force
•    The number of victims are included in the count not number of offenders

Examples of Sexual Assault
  • Scenario 1: A female student reports that she was raped by an unidentified male while jogging along a campus trail. Include this as one on-campus Rape.
  • Scenario 2: A female student reports that her ex-boyfriend had sex with her in her campus residence hall room while she was unconscious after a night of drinking alcohol. Include this as one Rape in the on-campus category and one Rape in the on-campus student housing facility category. Also include one incident of Dating Violence in both the on-campus and on-campus student housing facility categories (Dating Violence is discussed on pages 3-36 and 3-37).
  • Scenario 3: A male student reports that another male student fondled him in a campus building while telling him that he was glad they could finally be alone. Include this as one on-campus Fondling.
  • Scenario 4: A female student reports to the campus police that she was raped in her car in a parking lot on her school’s campus by students from another college. Include this as one on-campus Rape.
  • Scenario 5: Three female students report that they were each raped by five male students at an off-campus fraternity house owned by a recognized fraternity. Each male raped each of the female students. Include this as three noncampus Rapes.
  • Scenario 6: A female student reports that an unknown male attempted to rape her on a city-owned sidewalk outside a classroom building on campus, but that he was frightened away by another pedestrian before completing the attack. Include this as one public property Rape.
  • Scenario 7: A woman is walking on a public sidewalk in front of your campus and a man pinches her buttocks as he runs by her. Include this as one public property Fondling only if the victim reports that it was sexual in nature.
  • Scenario 8: A female student reports that she has been raped three times since January by someone who lives in the same on-campus student housing facility. All three of the sexual assaults occurred in this housing facility. Include this as three Rapes in both the on-campus category and on-campus student housing facility category.
  • Scenario 9: A 21-year-old student has sex with a 15-year-old juvenile in the student’s on-campus apartment. There is no use of force or threat of force (the statutory age of consent is 16). Include this as one Statutory Rape in the on-campus category and one Statutory Rape in the on-campus student housing facility category.
  • Scenario 10: Campus police respond to a call from the dean reporting that an unknown man exposed himself to a group of female students on campus. Do not include this incident in your Clery Act statistics as it is not a Clery Act crime.
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