APPENDIX A

Sex Offenses Definitions

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

SEX OFFENSES

Consent: CRS 18-3-401(1.5)  Consent means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent under the provisions of this part 4. Submission under the influence of fear shall not constitute consent. Nothing in this definition shall be construed to affect the admissiblity of evidence or the burden of proof in regard to the issue of consent under this part 4.

Consent for sexual activity is clear, knowing, voluntary, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be active; silence by itself cannot be interpreted as consent. Someone who was asleep, or mentally or physically incapacitated, either through drugs or alcohol or for any reason, or who was under duress, threat, coercion or force, would not be able to consent.  Consent is not effectively given if it results from the use of actual or implied physical force, threats, intimidation, or coercion. In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he or she has consent from the partner(s) at every stage of sexual interaction. Engaging in sexual activity with a person who you know to be incapacitated or reasonably should know to be incapacitated, due to illness, consumption of alcohol or drugs, is unconscious, etc., is a violation of this policy. Consent that is obtained through the use of fraud or force (actual or implied) whether that force is 1) physical force, 2) threats, 3) intimidation, or 4) coercion, is ineffective consent.

"Sexual Assault"  CRS 18-3-402.

(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or

(b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or

(c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse; or

(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or

(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or

(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or

(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or

(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.

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."

Rape. The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

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.