When discussing sexual assault/rape there are two definitions to review:
Illinois law: In the state of Illinois “sexual assault” or rape, is a felony and could result in an individual being sentenced to time in prison. It is defined as penetration (could be oral, anal or vaginal), by force or threat of force, or when the victim is unable to give knowing consent. If an individual is “incapacitated from drugs or alcohol” (i.e. drunk) they cannot give consent. Having sex with someone who is drunk, is by definition, a crime.
Illinois State University’s Student Code of Conduct
(General Regulations, Section III-7)
ISU’s Student Code of Conduct provides a definition of “sexual misconduct” which is much broader than the state’s definition. It states:
“Students shall not engage in any physical act that is sexual in nature and which is committed under pressure, force, threat, or coercion, or without the full and informed consent of all persons involved. For the purpose of this policy, consent must be freely and actively given through mutually understandable terms or actions. A person is deemed incapable of giving consent when that person is a minor, is mentally disabled, mentally incapacitated, physically helpless, under the influence of alcohol or drugs to the point of being unable to make a rational decision, unconscious or asleep. A person always retains the right to revoke consent at any time during a sexual act.”
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