Assault & Sexual Violence: Definitions and Terminology
An act which would constitute a violation of the penal law, including but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching of blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of sixteen, any married person or any parent accompanied by his or her minor child or children in situations in which such persons or such person’s child is a victim of the act..
New York State does not specifically define “dating violence.” However, under New York Law, intimate relationships are covered by the definition of domestic violence when the act constitutes a crime listed elsewhere in this document and is committed by a person in an “intimate relationship” with the victim.
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.
Non-forcible sexual intercourse with a person who is under the statutory age of consent. The age in NYS is 17.
Includes any intentional, nonconsensual physical contact of a sexual nature, including but not limited to:
- Any attempted or completed act of nonconsensual sexual penetration. Sexual penetration is any degree of insertion of any object or body part into a person’s vulva, anus, urethra, or any degree of insertion of genitalia into the mouth
- Attempted or completed nonconsensual genital contact of any kind, including but not limited to nonconsensual oral intercourse or manual contact with the genitals.
- Any nonconsensual physical assault during sexual contact, such as punching, strangling, burning or otherwise intentionally causing physical harm without the consent of a partner; and/or
- Intentional and unwelcome physical contact with an individual’s buttocks or breasts, and unwanted kissing, fondling or groping
Nonconsensual, abusive sexual behavior that does not otherwise constitute sexual assault. Many instances of sexual exploitation are serious enough to be treated as equivalent to sexual assault at SUNY Plattsburgh. Examples of sexual exploitation include, but are not limited to:
- Tampering with or removal of condoms or other methods of birth control and STI (Sexually Transmitted Infection) prevention prior to or during sexual contact in a manner that significantly increases the likelihood of pregnancy or STI contraction by the non-consenting party;
- Nonconsensual video or audio taping of sexual activity;
- Allowing others to watch consensual or nonconsensual sexual activity without the consent of a sexual partner;
- Peeping tommery;
- Trafficking people to be sold for sex; and
- Inducing incapacitation with the intent to sexually assault another person.
Stalking is a pattern of conduct involving repeated or continuing harassment that is intended to cause or does cause a reasonable person (or others important to that person) to fear or suffer: death; assault; bodily injury; sexual assault; involuntary restraint; damage to property; confinement. The individual knows or should know that such conduct is likely to cause reasonable fear of material harm to physical health, safety, or personal property of such person, a member of such person's family, or a third party with whom the person is acquainted. Stalking can involve a range of behaviors including, but not limited to: following someone on foot or in a car; showing up at a victim/survivor's place of work; repeatedly calling; sending flowers and gifts; contact through emails or letters; breaking into the victim/survivor's home or car; homicide
For more information about assault and sexual violence, please contact:
Violence Prevention Education and Outreach Coordinator
Office: Redcay 221
Phone: (518) 564-3281
Title IX Coordinator
Office: Hawkins 151
Phone: (518) 564-3281