Page 76 - MMI Cadet Manual SY2017.18
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9.2 Definitions


                          a.  Consent
                               It is a violation of State law to commit a sexual act without the consent of the
                               individual.  The law states that the lack of consent results from: 1)  Forcible
                               compulsion, and the 2) Incapacity to consent.  A person is deemed incapable of
                               consent if they  are: forced, threatened, unconscious, under the influence of
                               alcohol, drugged, less than 16 years old, mentally or developmentally disabled,
                               mentally incapacitated, physically helpless, chronically mentally ill, or believe
                               they are undergoing a medical procedure.

                                    i.   Know your own limits and communicate what you do not want
                                    ii.   Say “no” out loud if you do not feel comfortable
                                   iii.   Don’t be afraid to tell them to “stop”
                                   iv.   “No” means no!
                                    v.   An absence of a definitive, verbal “NO” does not presume consent.

                          b.  Sexual Assault
                              Sexual assault is any form of sexual contact without the consent of all parties
                              involved to include:

                                i.   Sexual intercourse committed by  physical force, coercion, threat or
                                     intimidation, actual or implied by a person, persons known, or unknown to
                                     the victim.

                               ii.   Attempted intercourse, sexual contact, or physical force of a threatening
                                     nature, expressed or implied, that places a person in fear  of immediate
                                     death or physical injury known or unknown to the victim.

                               iii.   All other forms of sexual misconduct, which violate state and/or federal
                                     law now or subsequently in effect including, but not limited to, conduct
                                     defined as rape, sodomy, sexual abuse or sexual contact to include conduct
                                     contributing to the delinquency of a minor.  A person may be deemed not
                                     to have knowingly and voluntarily consented if, at the time of the offense,
                                     the person is incapable of giving consent because of mental incapacitation,
                                     physical impairment, alcohol or drug consumption, or  loss of
                                     consciousness.  To clarify, in Alabama, even if the “victim” consents to
                                     sexual intercourse, the act may still constitute rape if he/she is under
                                     the influence of alcohol or illegal drugs even if freely taken.

                          c.  Sex Offenses
                              Sexual act directed against another person,  without the consent of the  victim,
                              including instances where the victim is incapable of giving consent.




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