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Police, university officials define sexual consent related to alcohol

March 21, 2013

A national discussion on sexual assault and issues of consent is hitting college campuses after two high school football players from Steubenville, Ohio were found guilty of raping a drunken 16-year-old female acquaintance in August 2012.

The female victim testified last Saturday that she could not remember anything from the night of the rape, according to reports. Social media, texts, naked photos of the victim and videos of other local teens joking about the incident brought the assault to light.

Shari Murgittroyd, MSU Sexual Assault Program coordinator said outside of the law, consent is used in sexual assault to describe the willingness of participants.

“The definition of consent and what that means is to willingly participate in an activity — both parties willingly do that,” Murgittroyd said. “Alcohol certainly can impact that piece.”

East Lansing police Capt. Jeff Murphy said although consent is largely determined on a case-by-case basis, when alcohol is involved students need to make “doubly sure” that there is consent to engage in sexual acts.

“If someone is not saying, ‘No,’ it doesn’t mean they are saying, ‘Yes,’” Murphy said. “If they’re not physically able to give consent, you’re going down a pretty dangerous path.”

Human biology junior Anthony Talampas said students might not know how to make sure they have consent before engaging in a sexual act, but it’s important to “So they don’t get charged for something they don’t want to be charged with.”

“If alcohol is in the scenario, the entire situation is questionable,” Talampas said.

MSU’s Office of Inclusion recently launched a new campaign, “There’s No Excuse for Sexual Assault,” with posters around campus with sayings including “She didn’t say, ‘No,’ so I didn’t stop,” and “She was my girlfriend at the time.”

The Office for Inclusion defines sexual assault as actual, attempted or threatened sexual contact with another person without that person’s consent. In addition to being a crime punishable by time in jail or imprisonment, a sexual assault under this definition could violate MSU policy, depending on the severity of the assault.

Under Michigan law, if a person engages in sexual acts with someone who is “mentally incapacitated,” they could be charged with either third or fourth degree criminal sexual conduct, and first or second degree if other circumstances exist.

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