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Acquaintance Rape: A term
for sexual intercourse forced on the victim by someone she knows to some
degree (acquaintance, friend. neighbor, peer, coworker or romantic partner.)
The preferred term is non-stranger sexual assault.
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Bisexual:
A person who is sexually attracted to
persons of both sexes. See also Sexual Orientation,
Heterosexual,
Homosexual,
Transgendered,
Questioning, and
Intersex.
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Confidentiality:
The assurance to all victim/survivors or third-party observers that all
information shared in a reporting session is confidential and cannot be
released to anyone outside of the ReSPONSE Office without written consent.
If the client is a danger to self or others, confidentiality can be breached
for the protection of the client and/or potential victim.
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Consent:
The ability – legally and freely – to agree to an action or course of
action. For purposes of this policy, “without consent” means a victim
is compelled to submit to an action or course of action by use of force,
deception, coercion, or if the victim is mentally or physically disabled or
incarcerated. Persons under 16 years of age may not legally give consent in
Montana.
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Family Member: Includes mothers,
fathers, children, brothers, sisters, and other past or present family
members of a household. These relationships include relationships created by
adoption and remarriage, including stepchildren, stepparents, in-laws, and
adoptive children and parents. These relationships continue regardless of
the ages of the parties and whether the parties reside in the same
household.
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Force: The
action, attempt or threat of bodily injury by one person against another,
or, the threat of retaliatory action by one person which the threatened
person reasonably believes the offender can carry out.
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Gender:
The social construction (expectations) a society has of peoples’ roles as
defined by their physical sex (male or female.) See also
Masculinity/Femininity and Gender Roles.
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Gender Roles:
Expectations of male and female behavior and place within the culture (men
do certain things that women don’t do and women do certain things men don’t
do.) Gender roles vary from culture to culture and family to family, and may
change over time and with influence from outside sources.
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Heterosexual:
One who is sexually attracted to
persons of the other sex. The common slang term for a heterosexuals
“Straight.” See also Sexual Orientation, Heterosexual,
Homosexual, Transgendered,
Questioning,
and Intersex.
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Heterosexism:
The belief that heterosexuality is both superior to other sexual lifestyles
and the only acceptable relationship between intimate partners. Also
promoting a heterosexual lifestyle.
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Homophobia:
The fear and intolerance of homosexuality.
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Homosexual:
One who is sexually attracted to persons of the same sex. Acceptable terms
are Lesbian (women) or Gay (men and women but usually “gay
male.”) Some homosexual people prefer the formerly slang and derogatory term
“Queer,” but the term is used only by those “insiders” who choose it as
referring to themselves; otherwise, it is still a derogatory term. See also
Sexual Orientation, Heterosexual,
Homosexual, Transgendered,
Questioning,
and Intersex.
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Incident Report:
The formal or informal report to an official of the University, HRDC
Domestic Violence program or law enforcement about relationship and dating
violence, sexual assault or stalking. Under the Student Conduct Code, an
Incident Report may be made by the victim/survivor, a witness, or a third
party who has knowledge of or suspicion about an incident or situation. If a
formal Incident Report is made to ReSPONSE, the Judicial Affairs Officer is
notified and judicial proceedings may commence under
Policy 601.3; if the
report is informal, it is kept confidential and on file in the ReSPONSE
office.
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Intersex:
One who is born with both male and female genitalia. The term hermaphrodite
is incorrect and unacceptable See also Sexual Orientation, Heterosexual, Homosexual, Transgendered,
Questioning, and
Intersex.
- Intimate Relationship: An emotional
and/or physical connection with another person. This connection may be with
friends, roommates or family, and includes people who are dating,
cohabiting, married, family members, and/or share a residence. This
definition includes current and past relationships and may be an opposite
sex or a same sex relationship.
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Masculinity/Femininity: Sex role
stereotypes imposed on men and women and differing from culture to culture.
Also known as Gender Roles.
- Offender, Perpetrator, or
Alleged Perpetrator: Terms variously applied to the person who acts
or threatens to act violently against another person, under the definitions
of the specifically prohibited acts named in this policy.
- Order of Protection: An order of the
court for protection of a victim, family member, or witness to relationship
or sexual violence. The order may require the following actions: offender’s
removal from the residence; transfer possession of property to victim (or
prohibit offender from concealing or disposing of property); prohibit any
threats, harassment, communication or contact with victim or family members;
or order any other relief considered necessary to provide for the safety and
welfare of the victim or other designated family members.
- Partner(s): Persons who are spouses,
former spouses, who have a child in common, and persons who have been or are
currently in an intimate relationship. The relationship may be opposite sex
or same sex.
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Questioning:
Term referring to a person (often a teen) who is questioning her/his sexual
orientation. The person may or may not be acting on these questions
(experimenting.) See also Sexual Orientation, Heterosexual,
Homosexual, Transgendered, Bisexual, and Intersex.
- Relationship violence: A pattern of
behavior in which one partner uses fear and intimidation to establish power
and control over the other partner, often including the threat or use of
violence. Also known as domestic abuse or battering and including dating
violence. Forms of relationship violence may include but are not limited to
actions that cause bodily injury through physical, emotional, psychological,
economic, or sexual means; and may cause reasonable fear of harm on the part
of the victim/survivor, or threaten children or pets. Such violence may be
done knowingly or negligently on the part of the perpetrator.
- Sexual assault: A criminal act in
which one person knowingly subjects another person to any sexual contact
without consent, including use of force, deception, coercion, or if the
victim is mentally or physically disabled or incarcerated. Persons under 16
years of age may not legally give consent in Montana unless married. Also
known as stranger, acquaintance or date rape, and as sexual intercourse
without consent.
- Sexual contact: Includes touching
sexual or other intimate parts of a person directly or through clothing.
- Sexual Intercourse without Consent: A
criminal act in which one person intends to injure, humiliate, harass or
degrade another person using the threat of or act of sexual intercourse
without the other person’s consent. Any penetration, however slight, is
sufficient, and resistance by the victim is not required to show lack of
consent; force, fear, or threat is sufficient.
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Intercourse: Penetration of
the vulva, anus, or mouth of one person by the penis or other body part of
another person; also penetration of the vulva or anus of one person with a
foreign object manipulated by another person.
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Sexual Orientation: The sexual attraction one feels for
others; the former term "sexual preference" is neither correct nor
acceptable. See also Heterosexual, Homosexual, Questioning, Transgendered, Bisexual, and Intersex.
- Stalking: A criminal act in which one
person purposely and knowingly causes another person substantial emotional
distress or reasonable fear of bodily injury or death by repeatedly
following the victim or by harassing, threatening or intimidating the
victim. Montana law prohibits stalking in person or by mail, electronic
communication, or any other action, device, or method. Stalking includes
attempts to contact or follow the stalked person after the stalker is given
notice that the victim does not want to be contacted or followed.
- Survivor: Term referring to the
person who lived through the commission of the prohibited act. Typically
used outside the legal context, with the intent of further empowering a
victim of violence.
- Third-Party or Bystander Report: An
Incident Report made by a person not personally involved in the incident
being reported. A third party may make an Incident Report to Judicial
Affairs or ReSPONSE about an incident witnessed between students or between
a student and a non-student either on or off campus. Likewise, the bystander
may lodge a complaint against a student through the judicial process if the
bystander believes s/he witnessed a violation of University policy. The
judicial process for such reports or complaints may be found in Policy
601.3. Third-party reports made to ReSPONSE without a request for judicial
process are kept confidential and on file in the ReSPONSE office.
- Victim: Term referring to the person
against whom one of the prohibited acts was committed. Typically used in
the legal context of discussing the crime, and/or to refer to a person who
died as a result of the crime.
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Montana State University-Northern