Students and student organizations are prohibited from engaging in sexual abuse of any kind. Sexual abuse includes, but is not limited to:
- conduct of a sexual nature which reasonably would be expected to have the effect of threatening or intimidating the person at whom such conduct is directed;
- intentional physical contact with an intimate part of the body of another person without that person’s consent;
- sexual intercourse when such contact is achieved through physical force, coercion, or threat, or in situations in which the victim is unable to give consent because of physical or mental incapacitation by reason of drug or alcohol consumption, sleep, or unconsciousness.
Some examples of sexual abuse are:
- A man misinterprets signals from a woman who he thinks has been flirting with him and forces her to have sex with him.
- During the course of an evening, a couple is initially comfortable with sexual contact, but the woman changes her mind, and the man continues to force the woman to have sex.
- A student takes sexual advantage of another who is incapable, for one reason or another, of asserting unwillingness.
- A man forces an unwilling woman to have sex because the couple has had a previous sexual relationship.
- A woman says “no” quietly or timidly, yet the man continues to proceed with sexual advances.
- Any inappropriate or non-consensual contact such as pinching a person’s buttocks.
New Hampshire Law
Chapter 632-A of the New Hampshire Revised Statutes Annotated establishes three categories of sexual assault and related offenses. (Please keep in mind that the following is a partial review of the statutes covering sexual assault and related crimes in New Hampshire. It is intended only for purposes of information and guidance, does not cover all acts that may constitute criminal sexual behavior or all parts of the sex crime statutes, and should not be construed as legal advice.)
- Aggravated Felonious Sexual Assault (Class A Felony—up to 20 years imprisonment). Includes “sexual penetration” of another (which includes a wide spectrum of acts of sexual penetration by anything, and includes oral, anal, and genital penetration, however slight; does not require emission) under circumstances involving force, threat (physical or otherwise, stated or implied), an incompetent or incapacitated victim, surprise, a victim under 13, or use of a “position of authority” to coerce a victim between the ages of 13 and 18.
- Felonious Sexual Assault (Class B Felony—up to 7 years imprisonment). Includes “sexual contact” (intentional sexual touching, reasonably construed as being for purposes of arousal or gratification) where there is serious injury to the victim, under circumstances involving force, threat (physical or otherwise, stated or implied), an incompetent or incapacitated victim, surprise, a victim under 13; also includes sexual penetration of a victim between 13 and 16.
- Sexual Assault (a misdemeanor—up to 1 year imprisonment). “Sexual contact” with a person over the age of 13 under circumstances involving force, threat (physical or otherwise, stated or implied), an incompetent or incapacitated victim, surprise.