Sexual assault is any unwanted verbal, nonverbal or physical sexual contact. Sexual assault falls along a continuum of behaviors, from incidents like unwanted sexual comments to forced penetration.
Ohio Revised Code
The law in Ohio breaks sexual assault into several different categories. These categories include Rape, Sexual Battery, Gross Sexual Imposition, Sexual Imposition, Unlawful Sexual Contact with a Minor, Public Indecency and Voyeurism. The sexual assault laws can be found on the
Ohio.gov website.
Consent, Coercion and Unequal Relationships
Consent is verbal agreement to engage in sexual behaviors. Verbal agreement to one type of sexual activity (i.e., kissing) does not mean there is consent for any other type of sexual activity. Consent must be given by all parties to each type of sexual activity, every time. Many people think that silence or the absence of a “no” implies consent has been given. It has not. One must have a affirmative response in order to help ensure consent has been given.
A word of caution
While a “yes” to sexual activity is needed from all parties involved, “yes” is not a magic word. If there is any element of coercion or if the relationship is unequal, then a “yes” is meaningless. Consent is not viable if coercion or an unequal relationship is involved.
Coercion is the use of perceived or actual force to compel something to occur. Coercion can take a variety of forms from the subtler “if you loved me you would”, to the more obvious “I kill you if you don’t”. Tactic like deceit, tricks, pressure, manipulations, bribery, threats of force are all forms of coercion. The use of alcohol or drugs to get someone to engage in sexual activity is also coercive and against the law. If any element of coercion exists than consent is not viable and even a “yes” is meaningless.
Another form of coercion is
force by authority, or unequal relationships. Examples of unequal relationships include a boss and an employee, a teacher and a student, an adult and a child, a coach and an athlete, an so on. Unequal relationships extend to situations where one is physically or mentally incapacitated and the other person is not. If the relationship that exists is unequal than consent is not viable and even a “yes” is meaningless.
To help ensure consent
is viable one must look for the following:
- An equal relationship
- No elements of coercion
- Mutual agreement to any form of sexual activity