APPENDIX A

Sex Offenses Definitions

As per the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Program

SEX OFFENSES

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sex offenses include: Rape, Fondling, Statutory Rape and Incest.

Such instances may include:

•·         Where the victim is prevented from resisting due to alcohol or drugs.

•·         Where the assailant uses physical force or the threat of force to overpower and control the victim.

•·         Where the victim fears that she or he or another will be injured if the victim does not submit.

•·         Where the victim is at the time unconscious of the nature of the act, and this is known to the assailant.

•·         Where the victim is incapable of giving legal consent because of his/her age or because of his/her temporary or permanent mental a mental or physical incapacity and this is known or reasonably should be known to the assailant.

•·         Where the act is accomplished by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another person.

•·         Where the assailant uses duress, such as a direct or implied threat of hardship or retribution, to coerce the victim.

•·         Where the assailant uses force, fear, or threats to accomplish sexual intercourse against the will of the spouse. This provision of the law is known as the "spousal rape law."

Sodomy. Oral or anal sexual intercourse with another person against the persons will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Sexual Assault with an Object. The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, against that persons will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, against that persons will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

SEX OFFENSES—NON-FORCIBLE

Unlawful  sexual intercourse.

Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape. Sexual intercourse with a person who is under the statutory age of consent.

 

"Sexual contact"  CRS 18-3-401(4). The knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.

(5) "Sexual intrusion" means any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue, or penis, into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.

(6) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, or anal intercourse. Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime.

 

Sexual misconduct may include sexual assault, domestic violence, dating violence, physical sexual abusive behavior, intimate partner violence, stalking. See Appendix B. Crime Definitions for further information of these crimes.