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Rape is a Crime

Federal (CIVIL) Law:
Sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, including the establishment of a hostile work or educational environment. (This is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Law of 1972, and is not defined as criminal unless an underlying criminal act was involved.)

State (CRIMINAL) Law:
Note: "ARS" followed by a number means "Arizona Revised Statute" and refers to where in the state statutes the offense can be found.

Sexual abuse (ARS 13-1404): Sexual contact (not penetration) such as touching, fondling, or manipulating the genitals, anus or female breast of a person 15 years of age or older without consent of that person; or if a person is under 15 years of age and the sexual contact involves only the female breast. (Class 5 felony.)

Child molestation (ARS 13-1410): Engaging in any sexual contact (as defined in "Sexual abuse") with a child age 14 or under. (Class 2 felony)

Sexual conduct with a minor (ARS 13-1405): When an adult has sexual intercourse or oral sexual contact with any person who is under 18 years of age. (Class 2 felony if victim is under 15, class 6 felony if victim is 15 to 17)

Sexual assault (ARS 13-1406): An individual intentionally or knowingly engages in sexual intercourse (penetration of the vulva, penis, or anus with any part of the body or with an object), masturbatory contact with the penis or vulva, or oral sexual contact (oral contact with the penis, vulva, or anus) with any person without consent of such person. This legal definition applies to both juveniles and adults. (Class 2 felony. Aggravated if victim is under 15 years of age, if weapon is discharged, used, or exhibited in a threatening manner, if serious physical injury is inflicted, or if previous conviction of sexual assault, or use of rape drug.)

Sexual assault of a spouse (ARS 13-1406.01): Engaging in sexual intercourse or oral sexual contact with a spouse without consent of the spouse by the immediate or threatened use of force against the spouse or another. "Spouse" means legally married and cohabitating. (Class 6 felony. Repeat offenses: Class 2 felony.)

Without consent means any of the following (ARS 13-1401):

  • The victim is coerced by the immediate use of force or threatened use of force against a person or property.
  • The victim is incapable of consent by reason of mental disorder, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the perpetrator.
  • The victim is intentionally deceived as to the nature of the act
  • The victim is intentionally deceived to erroneously believe that the person is the victim's spouse



Bullying / Harassment

Bullying/Harassment is behavior, attention, or language that:

  • Violates our physical or emotional boundaries
  • Makes us feel unsafe or interferes with our ability to get an education or do our job

Boundaries - An individuals's personal limitations. Ex: "I won't kiss on the first date". These may include:

Physical boundaries: The person's body or possessions may be threatened or attacked.
Emotional boundaries: The person is called names, embarrassed, has rumors spread about them, or is otherwise verbally or emotionally attacked or harmed.

Bullying involves four components:

1. Violates personal boundaries (physical or emotional)

2. Power imbalance - The harasser (bully) has more power than the victim. They're bigger, stronger, have more authority, or there's more of them. This intimidates the victim and makes it difficult for them to respond or seek assistance.

3. Pattern of behavior - One person may be repeatedly targeted by different harassers, or one harasser may target an individual or group of individuals repeatedly.

4. Perception - The harassing behavior affects how the victim feels about the person, the location, or the activity. They may find it hard to concentrate; they may spend a lot of energy worrying about or hating the harasser; they may not want to go places they normally would, or do things they enjoy in case the harasser is there.


Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature that is based on one's gender or sexuality. May result in an uncomfortable and unsafe work or educational environment.

Gender - the behavioral, cultural, or psychological traits associated with being male or female.

Sexuality - your sexual orientation or identity (homosexual, lesbian, heterosexual, bi-sexual, transgender).

Sometimes sexual harassment is mistaken for flirting. The difference: In flirting, both people are playing and having a good time. In harassment, only one person is enjoying themselves. Remember, sexual harassment is "unwanted" attention.

Sexual Harassment may be:

Physical - unwanted touching
Ex: Someone intentionally brushing up against your body

Verbal - comments, suggestions, and rumors
Ex: Calling someone a "skank", "faggot", "ho", or "slut"

Non-verbal - notes, graffiti, gestures, looks
Ex: Pornography where others can see it


Relationship Violence

Relationship violence is a power struggle between two people that can become violent and even deadly.

There are three parts to relationship violence:

1. Relationship between two people (family members, close friends or intimate partners)
2. Pattern of behavior
(happens frequently)
3. One partner actively trying to take power and control from the other

Relationship violence takes on many forms, including:

Emotional: Mistreating and controlling another person by insulting them, making unrealistic demands and playing mind games, which in time make them feel like they are dumb or worthless.

Physical: Slapping, punching, blocking doors, threatening with objects, pushing, getting into one's personal space, spitting, etc.

Verbal: Name calling, insults, curssing, degrading remarks in public and private, sharing humiliating information with others.

Sexual: Forcing sexual acts on a partner or forcing the partner to perform sexual acts, unwanted sexual touching and language, cheating, humiliating a partner's sexual abilities or lack thereof.


Consent

Consent - a person voluntarily agreeing to do something.

According to Arizona state law, those unable to give consent include:

  • Individuals 14 years old or younger. Important: If between the ages of 15-17, you are able to give consent only if your partner is also between the ages of 15-17 and there is no more than a 2 year age difference between you. Also, if your partner is 18, still in high school, but no more than 2 years older than you.
  • Individuals under the influence of alcohol or other drugs.
  • Individuals who have a severe mental illness or developmental disability.

Mandated Reporting

Under Arizona law, any adult working with minors, in a school setting, community setting, or as a doctor or hospital staff member, is required to report abuse or suspicion of abuse going on with a minor. That adult must file a report to Child Protective Services (CPS) and/or law enforcement. If the minor is in immediate danger, 911 must be contacted.

The purpose of this law is to help minors get out of dangerous environments and hopefully get placed in much safer ones.

 

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