Introduction
There are numerous terms used by UGA in its policies and procedures with respect to sexual assault and other crimes of gender-based violence. These terms are defined by reference to Georgia law in many instances and may vary from the definitions provided later in this report.
Consent is defined by the University System of Georgia as words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity. Consent cannot be gained by force, intimidation or coercion, by ignoring or acting in spite of objections of another, or by taking advantage of the incapacitation of another where the respondent knows or reasonably should have known of such incapacitation. Consent is also absent when the activity in question exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time by either party using clear words or actions. Minors under the age of 16 cannot legally consent under Georgia law.
The State of Georgia defines “without consent” under O.C.G.A. §16-1-3(19) as a circumstance in which a person whose concurrence is required has not, with knowledge of the essential facts, voluntarily yielded to the proposal of the accused or of another.
Sexual assault includes a number of different offenses meeting the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting system. A sex offense is any act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
In Georgia, there is no definition for the general term of sexual assault as it is used in the FBI’s Uniform Crime Reporting system. Sex offenses are defined individually in the Official Code of Georgia. However, the University System of Georgia refers to sexual assault by the term “sexual misconduct” and defines it as an umbrella term referring to a range of non-consensual sexual contact, which can occur in many forms, including but not limited to, rape and sexual battery.
Definitions
Rape
Rape is defined in the FBI’s Uniform Crime Reporting system as the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
The State of Georgia defines “rape” under O.C.G.A. §16-6-1 as follows:
A person commits the offense of rape when he has carnal knowledge of:
- A female forcibly and against her will or
- A female who is less than ten years of age.
Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.
Rape is punishable by death, life imprisonment with or without parole, or a minimum of 25 years imprisonment, followed by probation for life.
When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
Fondling (Sexual Battery)
Fondling is defined in the FBI’s Uniform Crime Reporting system as touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
The State of Georgia defines fondling (sexual battery) under O.C.G.A. §16-6-22.1 as follows:
(a) For the purposes of this Code section, the term “intimate parts” means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
(b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
Incest
Incest is defined in the FBI’s Uniform Crime Reporting system as non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
The State of Georgia defines incest under O.C.G.A. §16-6-22 as follows:
A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to either by blood, by adoption or by marriage as follows
- Father and child or stepchild
- Mother and child or stepchild
- Siblings of the whole blood or of the half blood or by virtue of adoption
- Grandparent and grandchild of the whole blood or of the half blood or by virtue of adoption
- Aunt and niece or nephew of the whole blood or of the half blood or by virtue of adoption or
- Uncle and niece or nephew of the whole blood or of the half blood or by virtue of adoption.
Statutory Rape
Statutory Rape is defined in the FBI’s uniform Crime Reporting system as non-forcible sexual intercourse with a person who is under the statutory age of consent.
The State of Georgia defines statutory rape under O.C.G.A. §16-6-3 as follows:
A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
Domestic Violence
Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child, step-child, or foster child in common, by a person cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
The State of Georgia provides enhanced sentencing guidelines if a crime against another person qualifies as domestic violence. If a crime of assault or simple battery, aggravated assault, or aggravated battery occurs and the elements listed in the above definition exist regarding the relationship between the perpetrator and the victim, then it is indicated on the “charging document” (indictment or accusation). The University System of Georgia defines domestic violence as “violence committed by a current or former spouse or intimate partner of the alleged victim by a person with whom the alleged victim shares a child in common by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the alleged victim.”
Dating Violence
Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
The State of Georgia defines dating violence under O.C.G.A §19-13A-1 as follows:
“Dating relationship” means a committed romantic relationship characterized by a level of intimacy that is not associated
with mere friendship or between persons in an ordinary business, social, or educational context provided, however, that
such term shall not require sexual involvement.
- (1) “Dating violence” means the occurrence of one or more of the following acts between persons through whom a current pregnancy has developed or who are currently, or within the last 12 months were, in a dating relationship:
- (A) Any felony or
- (B) Commission of the offenses of simple battery, battery, simple assault, or stalking.
Stalking
Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- fear for the person’s safety or the safety of others or
- suffer substantial emotional distress.
For the purposes of this definition –
- Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.
The State of Georgia defines stalking under O.C.G.A §16-5-90 as follows:
(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms “computer” and “computer network” shall have the same meanings as set out in Code Section 16-9- 92 the term “contact” shall mean any communication including without being limited to
communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such
communication is received. For the purpose of this article, the term “place or places” shall include any public or private property occupied by the victim other than the residence of the defendant.
For the purposes of this article, the term “harassing and intimidating” means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person’s safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.
(2) A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person’s consent in such a manner that causes other persons to harass or intimidate such person and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others.