The Difference Between Consensual And Non- Consensual Sex

Sexual consent is an agreement to participate in a sexual activity. Before being sexual with someone, you need to know if they want to be sexual with you too. It’s also important to be honest with your partner about what you want and don’t want. Consenting and asking for consent are all about setting your personal boundaries and respecting those of your partner — and checking in if things aren’t clear. Both people must agree to sex — every single time — for it to be consensual. Without consent, sexual activity is sexual assault or rape, this is the Consensual and Non-Consensual difference.




An offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation: 


Sex Offenses, Forcible means any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent.



Forcible Rape means the carnal knowledge of a person, forcibly and/or against that person's will or not forcibly or against the person's will in instances where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical in capacity. 



Forcible Sodomy  means oral or anal sexual intercourse with another person, forcibly and/or against that person's will or not forcibly or against the person's will in instances where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical in capacity.



Sexual Assault With an Object means to use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will or not forcibly or against the person's will in instances where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical in capacity.



Forcible Fondling means the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will or not forcibly or against the person's will in instances where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical in capacity.



Sex Offenses, Non-forcible (Except Prostitution Offenses) means unlawful, non-forcible sexual intercourse:

Incest means non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape means non-forcible sexual intercourse with a person who is under the statutory age of consent.

Sexual harassment: A form of conduct on the basis of sex that satisfies one or more of the following: 



Quid Pro Quo: An employee conditioning the provision of aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct;



Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's education program or activity; or



Sexual assault, dating violence, domestic violence, or stalking as defined in SMU's Title IX Sexual Harassment policy. 



Sexual harassment under Title IX must occur in an education program or activity of the University against a person in the United States.

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