Officer at 605-380-8925 or the campus Title IX coordinator so that those orders can be observed on campus. 5. Even after the immediate crisis has passed, consider seeking support from the Student Counseling Services 605-626-3007 and/or off-campus services such as Safe Harbor (605-2261212). LEGAL DEFINITIONS Rape is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. It may also include situations where the victim is incapable of giving consent due to incapacitation by means of disability or alcohol or other drugs. Many rapes are committed by someone the victim knows, such as a date or friend. In South Dakota, sexual consent will not be found where an act has been done through the use of force, coercion, or threats of immediate and great bodily harm. Submission does not equal consent, and to establish consent, a party charged must utterly negate any element of force, coercion, or threat. Consent, once given, may be retracted. Under South Dakota law, rape is an act of sexual penetration accomplished with any person under any of the following circumstances: 1) If the victim is less than 13 years of age; or 2) Through the use of force, coercion or threats of immediate and great bodily harm against the victim or other persons within the victim’s presence, accompanied by apparent power of execution; or 3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or 4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or 5) If the victim is 13 years of age, but less than 16 years of age, and the perpetrator is at least three years older than the victim. Other Sexual Offenses Besides rape, other sexual offenses include the following: sodomy (forced anal intercourse); oral copulation (forced oral-genital contact); rape by a foreign object (forced penetration by a foreign object, including a finger); and sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal). Sexual Harassment Sexual harassment is a form of misconduct that undermines the integrity of the academic environment. It is the policy of Northern State University that sexual harassment is prohibited. All members of the Northern community, especially officers, faculty and other individuals who Annual Security and Fire Safety Report 14
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