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Legal Definitions

Students who experience incidents of sexual violence and relationship violence have legal protections under Indiana criminal law. Below are some important definitions under the criminal law. A complete list of relevant criminal statutes is available in Appendix G of the University's Annual Security Report.

Rape (Ind. Code Section 35-42-4-1)

A person who knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct [see below] when:

  1. The other person is compelled by force or imminent threat of force;
  2. The other person is unaware that the sexual intercourse or other sexual conduct is occurring; or
  3. The other person is so mentally disabled or deficient that consent to sexual intercourse or other sexual conduct cannot be given;

commits rape.

Other Sexual Conduct (Ind. Code Section 35-31.5-2-221.5)

An act involving:

  1. A sex organ of one person and the mouth or anus of another person; or
  2. The penetration of the sex organ or anus of a person by an object.
Sexual Battery (Ind. Code Section 35-42-4-8)

A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person:

  1. Touches another person when that person is:
    • Compelled to submit to the touching by force or the imminent threat of force; or
    • So mentally disabled or deficient that consent to the touching cannot be given; or
  2. Touches another person's genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring;

commits sexual battery.

Harassment (Ind. Code Section 35-45-10-2)

Conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include statutorily or constitutionally protected activity, such as lawful picketing pursuant to labor disputes or lawful employer-related activities pursuant to labor disputes. 

Stalking (Ind. Code Section 35-45-10-1)

"Stalk" means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constittuionally protected activity.

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