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Harassment and Sexual Misconduct Board

Meredith Harper Bonham
315-859-4020
Senior Associate Dean of Students/Title IX Coordinator

New York State Laws Defining the Crimes Related to Sexual Assault

Sexual assault, which falls under the definition of sexual misconduct at Hamilton College, is an act of violence that is prohibited, in separate ways, by New York State law and Hamilton College policy. New York State laws are listed below. The Hamilton College policy follows.

Sexual Misconduct (Section 130.20) includes sexual intercourse without consent and deviate sexual intercourse without consent. The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.

Rape (Section 130.25/.30/.35) is an act of sexual intercourse with a person against his/her will and consent, whether his/her will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent, or when, because of mental deficiency, s/he is incapable of consent, or when s/he is below the arbitrary age of consent, or when s/he is unconscious or otherwise physically unable to communicate willingness. Be aware that having sex with someone who is unable to give consent by being mentally incapacitated or unconscious (passed out) is rape. New York State law recognizes that a married woman can be raped by her husband. Marriage does not necessarily imply consent. Note that the threat of force is sufficient; many women report fearing for their lives even when their attacker is not carrying a weapon. The penalties for violations of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Sodomy (Section 130.40/.45/.50) includes deviate sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes deviate sexual intercourse with a person under the age of consent. The penalties for violations of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Forcible Touching (Section 130.52) involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor's sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person's sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to one year in jail.

Sexual Abuse (Section 130.55/.60/.65) is a series of offenses including sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.

Aggravated Sexual Abuse (Section 130.65-a./.66/.67/.70) occurs when a person inserts a finger or foreign object in the vagina, urethra, penis, or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.

Information on Security Procedures
The College conducts educational programs on sexual assault prevention, alcohol and other drugs, and general issues of personal safety during the orientation program for first-year students, and at other times during the academic year. To comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, the campus community will be notified immediately of any serious incident.

Portions of this policy were adapted from policies of NCHERM, SUNY University at Buffalo and Skidmore College.

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