y between
them. After a few weeks, Spring Break comes around and they agree to go away for two days to
Rosarito Beach.

Theyve gotten close but havent had sex, although shes spent the night in his room. His friends
say to him, Shell loosen up with a little tequila.

In Rosarito Beach, Matt and Brandy start doing shots of tequila. Back in the room they start
fooling around. She tells him the room is spinning and she feels like she is going to pass out
from all the tequila. He says, Dont worry and they have sex.

In the morning she says to Matt angrily, What did we do!?

Is This Rape?

Yes, someone who says they are about to pass out from alcohol (or drugs) is not in a position to
give consent to sex. In California, the law says an intoxicated person may be incapable of
resisting and therefore cannot give consent.

Because this particular crime occurred in Mexico, Mexican authorities would investigate this
case and Mexican law would apply.

Its A Fact.

Recent studies indicate that alcohol and drug use can either:

·

Increase ones risk of being victimized or

·

Increase ones risk of being an offender in a sexual assault.


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John and Christine

Sophomore John is seeing sophomore Christine. Back at his room, they start kissing. He
touches her breasts. She moves his hand away, he puts it back. She moves it away again. He
puts his hand under her skirt. She says stop, he tries again. She moves his hand away again.

Is this Rape?

No, but it is sexual battery, a misdemeanor under California law. Unwanted sexual touching
constitutes sexual battery. Consent for all sexual touching is required. In addition, if he
continues to ignore her words and persists in the same way, he could be arrested for attempted
rape.

Jim and Jessica

Junior Jim and senior Jessica have been seeing each other for several months and they have had
sex several times. Shes visiting his apartment.

They start fooling around, she stops him at one point and says, Not tonight. He says, Come
on.
He pushes her to the bed, thinking shes just teasing him. He enters her.

She says afterwards, I told you I didnt want to. He says, I thought you were just kidding.

Is This Rape?

Yes, because consent was not given. In some cases, a woman might physically resist, but simply
saying No or Stop is sufficient under the law to indicate a lack of consent. In addition, it is
important to note, consent is not implied simply because shes visiting his apartment.

Remember

Even if you think that women sometimes say No when they mean Yes, if you dont act as if
No means NO, you may face criminal sanctions under the law.

Jake and Chrissy

Junior Chrissy goes to a fraternity party at senior Jakes frat house. Jakes in her psychology
class and has invited her to the house party. A kegs on tap, Chrissys helped herself and she and
Jake start doing jello shots made with vodka. They dance for a while and then start kissing. He
takes her into his bedroom.
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One thing leads to another and Chrissy finds Jake forcing himself on her. She doesnt mind
kissing him, but she doesnt want to do anything else. She keeps telling him No and saying,
Hey, I dont know you that well. Stop. Hes maneuvered her panties down, opened his pants
and starts to enter her. She says, If youre gonna do this, put a condom on.

Is This Rape?

Yes, because she said No. Consent was never given and asking for a condom is not considered
consent under California law.

Dan and Jennifer

For the past two months, freshman Dan has been seeing freshman Jennifer. She goes back to his
room one night and they start fooling around. She says she isnt ready to have sex with him and
they do everything but that. He says, I know youve had sex with your other boyfriends. She
says, Yeah, but Im not ready with you.

That night he keeps pressing the issue and each time he asks she says No. She must have said
no 15 times. She becomes so tired of the incessant asking, she finally agrees.

Is This Rape?

No, if consent was freely given. However, insisting after someone says no, especially
repeatedly no, is not the best nor safest approach to sexual relations. In addition, if she agreed
to have sex out of a sense of coercion, then it is considered rape.

Ty and Carrie

Ty and Carrie and a group of friends go to a party in Mission Beach. They start walking up the
boardwalk and party hop from house to house.

Ty and Carrie end up at Tys apartment. Theyve had a great evening. Carrie knows she does
not want to have sex with Ty, its their first time alone, but things are moving pretty quickly. His
hands are under her shirt and she starts telling him No repeatedly.

Ty thinks every time Carrie says no, she just wants to make sure that he doesnt think shes
easy, after all, he knows how quickly a girl can get a reputation on campus.

Whats Happening Here?

Ty is committing sexual battery by touching Carrie after she has said No. As for Carries role
in this, just because she went to a guys house doesnt mean she wanted to have sex with him.
The best way to avoid this misunderstanding is to have a conversation about sex with the person
you are with. It is the safest way to ensure that you are in agreement about your sexual relations
and not in violation of the law. What College Men Should Know About Sexual Assault, Rape and Sexual Battery
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Rev: August 14, 2001

If you are seeing someone who says no but acts like she means yes, this should be an indication
to you that you are not with a mature person. The end result is that you put yourself in jeopardy.

Did

Did You Know?

In San Diego, 75% of rapes are committed by someone the victim knows, as opposed to a
stranger.

Nicole and Antoine

Nicole comes running into her friend Antoines room. She sits down on his bed, she looks a bit
dazed. Antoine tries to find out whats wrong, but Nicole is really upset. He tries to calm her
down. He asks her, What happened? Did something happen with that guy, Paul, youre
seeing?

She says, Yes. She starts crying. He comforts her. He says, Did he hurt you? She says,
Yes, we were at a party and I told him to stop and he didnt. Antoine says, He raped you?

She says, I dont know if it was rape, but I kept telling him no. She adds, We drank a lot. At
the end of the party, we started kissing in one of the rooms. I wanted to leave, but he said I had
led him on with the dress I was wearing and that he wanted to have sex with me, and then he did,
even though I was saying no.

Antoine says, He raped you. The way you are dressed has nothing to do with this. No matter
what you wear, it doesnt give anyone permission to take advantage of you.

She says, I shouldnt have had so much to drink. Antoine says, Hey, stop blaming yourself,
maybe you shouldnt have had so much, but Paul should not have done what he did. Antoine
added, We need to get you some help right away. We need to take you to the hospital. Would
you be willing to talk with the police?

Whats Happening Here?

Nicole was raped and Antoine is helping her through it. He realizes that the rape was not her
fault and clarifies for her that Paul is responsible for his own behavior.

Many rape victims initially blame themselves because they cannot otherwise explain how
someone could do that to them. Rape victims often seek out the support of friends, even of the
opposite sex. Antoine correctly suggested taking Nicole to the hospital and offered her the
choice of reporting to the police.

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Rev: August 14, 2001

Melissa and Rico

Melissa and Rico are hanging out at her friend Patricias house after a party. They just met at the
party but shes heard a lot of good things about Rico because hes Patricias cousin. Melissa
thinks Rico is hot.

Patricia tells Melissa that she wants to go to another party at one of the other universities in town.
Melissa says shell meet up with her later.

Rico takes Melissa into one of the bedrooms and they start messing around. Shes a virgin and
has no intentions of going beyond oral sex.

He says, I want you. He tries to take off her panties. She pushes his hands away, unbuttons his
jeans and starts to perform oral sex on him.

At one point, he pushes her back on the bed, thinking that because she performed oral sex on him
she wanted to have intercourse with him. He starts to enter her, and she says No. He keeps
going. She says No again, but by this time hes not really listening .

Is This Rape?

Yes. Even though she agreed to oral sex, and in fact she initiated it, the law in California says
that at each stage of sex one needs consent. So, consent to oral sex does not imply consent to
sexual intercourse.

Remember

Its NEVER okay to force yourself on someone else, even if you think that she wants it.

After