Rape and Sexual Assault: Definition of Sexual Offenses

Rape is defined as forced sexual intercourse (vaginal, oral, or anal) that is perpetrated against the will of the victim. The assailant may be a stranger or someone known to the victim. The type of force may include physical violence, coercion, or threat of harm. Charges of rape also may be considered if the sexual offense involves penetration by a foreign object.

The legal definition of rape, according to the Pennsylvania Crimes Code, Section 3121, is as follows: "A person commits a felony of the first degree when he engages in sexual intercourse with another person . . . (1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (3) who is unconscious; (4) who is so mentally deranged or deficient that such person is incapable of consent." The crime is punishable by a maximum penalty of 20 years imprisonment or fine of $25,000 or both.

For the purpose of this policy, a person is not capable of giving consent when under the influence of alcohol or mind-altering substances or any substances that physically incapacitate the victim.

Under the Pennsylvania Crimes Code, there are a variety of types of sexual assault other than rape, including:

• Indecent assault (causing indecent contact with the victim without consent or by force, etc.).
• Involuntary deviate sexual intercourse (forcible oral or anal sex).
• Sexual assault (sexual intercourse, oral sex, or anal sex without the victim's consent but without force or threat of force).
  
• Statutory sexual assault (sexual intercourse with a person of less than 16 years of age and the victim is four or more years of age younger than the assailant and they are not married to each other).
  
• Aggravated indecent assault (penetration of the genitals or anus of a victim by a part of the assailant's body and the victim either does not consent, the assailant uses force or threat of force, the victim is unconscious, the assailant impairs the victim's power to appraise or control his conduct by administering drugs or intoxicants or by other means, the victim suffers from a mental disability which makes the victim incapable of consenting, the victim is less than 13 years of age, or the victim is less than 16 years of age and four or more years younger than the assailant and the two are not married).

Each of these crimes has a different penalty, and some have multiple penalties depending upon the circumstances.

Victim Services
College Policies and Procedures
Definitions of Sexual Offenses
Reporting Offenses
Process and Penalties
Rights of the Complainant
Rights of the Alleged Perpetrator