Emmanuel College has sexual assault investigators dual certified by the BU School of Medicine and MA Criminal Justice Training Council:
- Consent for purposes of this Policy is an understandable exchange of affirmative words or actions, which indicate a willingness to participate in a mutually agreed upon sexual activity at a mutually agreed upon time. Consent must be informed, freely and actively given. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent. For example, a position of influence could include supervisory or disciplinary authority. Silence, previous sexual relationships or experiences, and/or a current relationship may not, by themselves, be taken to imply consent. While nonverbal consent is possible (through active participation), it is best to obtain verbal consent. Similarly, consent to one form of sexual activity does not imply consent to other forms of sexual activity. An individual who is incapacitated cannot give consent. Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.
- Consent cannot be given if any of the following factors are present: Force, Coercion, Incapacitation.
- Force is the use of physical strength or action (no matter how slight), violence, threats of violence or intimidation (implied threats of violence) as a means to engage in sexual activity. A person who is the object of actual or threatened force is not required to physically, verbally or otherwise resist the aggressor. However, evidence of resistance by the Complainant will be viewed as a clear demonstration of a lack of consent.
- Coercion is the use of an unreasonable amount of pressure to engage in sexual activity. Coercion does not begin when the initiator makes an initial sexual advance. Coercion begins when the initiator continues to pressure another, through the use of psychological/emotional pressure, alcohol, drugs, threat, intimidation, or force, to engage in sexual behavior, when a reasonable person would realize that the other does not want to engage in sexual activity.
- Incapacitation is the physical and/or mental inability, whether temporary or permanent, of an individual to make rational, reasonable decisions, or judgments regarding one’s well-being or welfare. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts. Incapacitation may result from the voluntary or involuntary consumption of alcohol and/or other drugs. Where alcohol or other substances are involved, incapacitation is determined by how the substance impacts a person’s decisionmaking capacity, awareness of consequences, and ability to make informed judgments. For purposes of this Policy a person is not incapacitated merely because the person has been drinking or using drugs. The question of incapacitation is determined on a case-by-case basis using both objective and subjective standards. In evaluating whether a person was incapacitated for purposes of evaluating effective consent, the College will consider: (1) whether the person initiating the sexual activity knew that their partner was incapacitated; and if not (2) whether a reasonable person in the same situation would have known that their partner was incapacitated; and (3) whether the person initiating the sexual activity played a role in creating the circumstances of incapacity. Bystander Intervention
Signs of Stalking
Stalking occurs when a person repeatedly watches, follows or harasses you, making you feel afraid, unsafe or uncomfortable. It is intentional and often uncontrolled. A stalker can be someone you know, a past boyfriend or girlfriend or a stranger.
Here are some examples of what a stalker may do:
- Show up at your residence or place of work unannounced or uninvited
- Send you unwanted text messages, letters, emails and voicemails, often repeatedly and numerous
- Follow you with or without your knowledge
- Leave items like gifts or flowers that could seem romantic or non-threatening but are unwanted
- Constantly call and hang up
- Use social networking sites and technology to track you or repeatedly try to engage you
- Spread rumors about you via the internet or word of mouth
- Call your employer or professor
- Wait at places you hang out or outside your classroom or residence
- Try to get information about you through others, ie looking at your Facebook page through someone else's page or befriending your friends in order to get more information about you.
- Damage your home, car or other property.
(Adapted from Loveisrespect.org website)
Men Ending Sexual Violence
The suggestions below are designed to help all men become advocates for change:
- Approach gender violence as a men's issue involving men of all ages and socioeconomic, racial and ethnic backgrounds. Learn to view men not only as perpetrators or possible offenders, but as empowered bystanders who can confront abusive peers.
- If a brother, friend, classmate or teammate is abusing his partner of any gender - or is disrespectful or abusive to girls and women in general - don't look the other way. If you feel comfortable doing so, try to talk to him about it. Or if you don't know what to do, consult a friend, a parent, a professor or a counselor. DON'T REMAIN SILENT. • Have the courage to look inward. Question your own attitudes. Don't be defensive when something you do or say ends up hurting someone else. Try hard to understand how your own attitudes and actions might inadvertently perpetuate sexism and violence, and work toward changing them.
- If you suspect that someone close to you is being abused or has been sexually assaulted, gently ask if you can help.
- If you are emotionally, psychologically, physically, or sexually abusive, or have been in the past, seek professional help NOW.
- Be an ally to those women and men working to end all forms of gender violence. Support the work of campus-based women's centers. Attend "Take Back the Night" rallies and other public events. Raise money for community-based rape crisis centers and battered women's shelters. If you belong to a team or fraternity, or another student group, organize an inservice and/or a fundraiser.
- Recognize and speak out against homophobia and gay-bashing. Discrimination and violence against lesbians and gays also has direct links to sexism (e.g. the sexual orientation of men who speak out against sexism is often questioned, a conscious or unconscious strategy intended to silence them. This is a key reason few men do so).
- Attend programs, take courses, watch films, and read articles and books about multicultural masculinities, gender inequality, and the root causes of gender violence. Educate yourself and others about how larger social forces affect the conflicts between individual men and women. Harvard University has developed a good website for men interested in sexual violence prevention. Networking and connecting with other men concerned about this issue is a good first step.
- Don't fund sexism. Refuse to purchase any magazine, rent any video, subscribe to any Web site, or buy any music that portrays girls or women in a sexually degrading or abusive manner. Protest sexism in the media.
- Mentor and teach young boys about how to be men in ways that don't involve degrading or abusing girls and women.
- Volunteer to work with gender violence prevention programs, including anti-sexist men's programs. Lead by example.
Jackson Katz (©1999)