Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Verbal consent is not a requirement of this policy, however, consent may be given by words as long as those words create mutually understandable clear permission regarding willingness to engage in sexual activity. Consent to any one form of sexual activity cannot alone imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.
Kentucky law (KRS §510.020) states:
Lack of consent results from:
a) Forcible compulsion;
b) Incapacity to consent; or
c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actors conduct.
A person is deemed incapable of giving consent if he or she is:
a) Less than sixteen (16) years old;
b) An individual with an intellectual disability or suffering from a mental illness;
c) Mentally incapacitated;
d) Physically helpless; or
e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or agency.
Domestic violence can be defined as a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Kentucky law (KRS §403.720) defines domestic violence and abuse as:
(1) Physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple.
(2) “Family member” means a spouse, including a former spouse, a grandparent, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim.
(3) “Member of an unmarried couple” means each member of an unmarried couple which allegedly has a child in common, any children of that couple or a member of an unmarried couple who are living together or have formerly lived together.
Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the "who, what, when, where, why or how" of their sexual interaction). Incapacitation can be due to the use of drugs and/or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability that prevents an individual from having the capacity to give consent.
Kentucky law (KRS §510.020) states:
Lack of consent results from:
a) Forcible compulsion;
b) Incapacity to consent; or
c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actors conduct.
A person is deemed incapable of giving consent if he or she is:
a) Less than sixteen (16) years old;
b) An individual with an intellectual disability or suffering from a mental illness;
c) Mentally incapacitated;
d) Physically helpless; or
e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or agency.
Occurs when an individual takes non-consensual or abusive sexual advantage of another individual for his/her own advantage or benefit, or to benefit or advantage anyone other than the individual being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples include, but are not limited to:
Unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the university’s educational program and/or activities or work environment, and is based on power differentials, the creation of a hostile environment or retaliation. All forms of sexual misconduct identified in this policy are also prohibited forms of sexual harassment. There are three (3) types of sexual harassment:
A. Hostile Environment – Includes any situation in which there is harassing conduct that is sufficiently severe, pervasive or persistent that it interferes with or denies educational benefits or opportunities or creates an intimidating hostile or offensive work environment. The determination of whether an environment is “hostile” must be based on the totality of the circumstances. The circumstances that contribute to creating a hostile environment include:
B. Quid Pro Quo - Exists when there are:
C. Retaliatory Harassment – Any adverse action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct.
Examples of sexual harassment include, but are not limited to:
Stalking can be defined as a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to: feel fear or suffer substantial emotional distress.
Kentucky law (KRS §508.130) defines stalking as:
(a) To “stalk” means to engage in an intentional course of conduct: 1. Directed at a specific person or persons; 2. Which seriously alarms, annoys, intimidates, or harasses the person or persons; and 3. Which serves no legitimate purpose.
(b) The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress
