Sexual Assault is intention sexual contact, characterized by use of force, threats, intimidation, or abuse of authority or when the victim does not or cannot consent. The term includes a broad category of sexual offenses consisting of the following UCMJ offenses: rape, sexual assault, aggravated sexual contact, abusive contact, forcible sodomy (oral or anal sex), and or attempts to commit these acts.
Sexual Harassment is a form of sexual discrimination that infringes on a person's right to work in a professional environment free from unwanted sexual attention, or sexual pressure. The legal definition of Sexual Harassment is: A form of sex discrimination that involves unwelcome sexual advances, favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly a term or condition of a person's job, pay, or career.
- Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person.
- Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
Consent: A freely given agreement to the conduct at issue by a competent person. An expression of lack consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent. A sleeping, unconscious, or incompetent person cannot consent.