In order to be actionable as harassment, sexual conduct must be unwelcome. Conduct is unwelcome when the student being harassed did not solicit or incite it and regarded the conduct as undesirable or offensive. Mere acquiescence in the conduct or the failure to complain does not always mean that the conduct was welcome. The fact that a student may have accepted the conduct does not mean that he or she welcomed it. Also, the fact that a student willingly participated in conduct on one occasion does not prevent him or her from indicating that the same conduct has become unwelcome on a subsequent occasion.
Acquaintance rape is rape by a date, boyfriend, girlfriend, casual friend or acquaintance.
Regardless of the relationship between a perpetrator and victim, acquaintance rape is as serious a crime as stranger rape and the same criminal laws and penalties apply to both. Date rape often occurs following some level of mutually acceptable intimate activity. At some point the victim has stopped consenting . Informed consent is having the cognitive and emotional ability to appreciate the act to which one is consenting. 1st degree - any forced or coerced penetration of the vagina, anus or mouth, by any part of another person's body or by an object.