The use of alcohol or drugs by the perpetrator does not excuse sexual assault. A person who is physically or mentally incapacitated, as a result of alcohol or other drug consumption, or who is unconscious, unaware, or otherwise helpless, is incapable of giving effective consent. Consent that is obtained through the use of force or coercion is NOT effective consent.
Sexual assault includes a wide range of sexual acts.
Rape is the most serious form of sexual assault. Any previous social relationship between the perpetrator and the recipient of the unwanted sexual act, including a dating relationship or previous sexual involvement, does not diminish the severity of the act. In addition, the prior sexual history of either the recipient or the alleged perpetrator is deemed irrelevant and will not be introduced into judicial proceedings. This does not include a finding of responsibility in a prior sexual assault case. If the alleged perpetrator is found responsible, this information will be introduced prior to sanctioning.