University of Virginia
Sexual Assault: Important Definitions for UVA Students

Explanation of terms:

"Effective consent" referenced in the terms below means words or actions that show a voluntary agreement to engage in mutually agreed-upon sexual activity.

"Act" referenced in the terms below includes but is not limited to sexual intercourse, sodomy or sexual penetration with an inanimate object, the touching of a person's intimate parts (defined as genitalia, groin, breast or buttocks, or clothing covering them), or compelling a person to touch his or her own or another person's intimate parts without effective consent.

Sexual Assault

Sexual Assault occurs when the act is intentional and is committed either by a) physical force, violence, threat, or intimidation; b) ignoring the objections of another person; c) causing another's intoxication or impairment through the use of drugs or alcohol; or d) taking advantage of another person's incapacitation, state of intimidation, helplessness, or other inability to consent.

Sexual Misconduct

Sexual Misconduct occurs when the act is committed without intent to harm another and where, by failing to correctly assess the circumstances, a person believes unreasonably that effective consent was given without having met his/her responsibility to gain effective consent. Situations involving physical force, violence, threat or intimidation fall under the definition of Sexual Assault, not Sexual Misconduct, and will be treated as such under these procedures.