Chapter 4
Rape
Rape occurs when someone uses force or the threat of force to have sexual intercourse with another person. Sexual intercourse includes vaginal, anal, or oral sex. It is also rape when someone has sex with a victim who is unconscious or unaware that sex is occurring. Or, when the offender gets the victim drunk or high for the purpose of preventing resistance without the victim's knowledge.
Rape is a violation of Penn State policy and falls under the definition of sexual misconduct as defined by the Code of Conduct.
Definition of rape according to Pennsylvania State Law:
Rape is a first-degree felony. Rape occurs when a person engages in sexual intercourse with a complainant:
- by forcible compulsion;
- by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.
- who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring;
- where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; or
- who suffers from a mental disability which renders the complainant incapable of consent.
Forcible compulsion
The Pennsylvania State Law uses the term "forcible compulsion" which means: compulsion by use of physical, intellectual, moral, emotional, or psychological force, either expressed or implied," and does not require that the victim resists the offender.
Compulsion means coercion or constraint.