i. Nonconsensual sexual intercourse (Rape)— Penetration, regardless of how slight (or an attempt to commit the same), of the vagina or anus with any body part or object, or oral penetration by a sex organ of another individual, or by a sex-related object.
- This definition covers cases where the Complainant cannot provide consent due to temporary or permanent mental or physical incapacity (including resulting from drugs or alcohol) or due to age. Physical resistance by the Complainant is not required to establish lack of consent.
i. Nonconsensual sexual contact (Fondling)— The intentional touching (or an attempt to commit the same) of the clothed or unclothed genitals, buttocks, groin, breasts, or other body parts of the Complainant by the Respondent without the consent of the Complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation; or
- The intentional touching by the Complainant of the Respondent’s clothed or unclothed genitals, buttocks, groin, breasts, or other body parts, without consent of the Complainant for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
- This offense includes instances where the Complainant is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation.