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Butler County Rape
Crisis Program
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110 S. College
Avenue, Oxford, OH 45056
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What is "Consent"?
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Protecting Yourself
& Those You Care About
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__________________________
Sometimes it may seem as if the definition of "sexual assault" is
a gray area-- for example, when we hear about situations in which
two people had very different perceptions about a sexual
experience. However, the truth is that the line between sex
and rape is a very simple one: consent. In other
words, before having sex with another person, you must get her or
his permission.
Sounds clear, doesn't it? Yet there are many factors that
can cloud the issue of consent. The University of New
Hampshire website links listed at the bottom of this page provide
helpful information for thinking about consent. It also
important to be aware of factors which, under Ohio law (and most
other State laws), make it impossible for a person to give
consent. Some of these factors include:
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Age
Under most State laws, it is illegal to have sex with anyone
under the age of 13. In other words, those under 13 are
considered to be unable to understand the many implications of
being sexually active, and unable to give real consent. In
addition, an older person may not have sex with a significantly
younger person who is under 18 (laws regarding age disparity
vary from State to State- see
Ohio Laws or laws in your area for more information). |
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Intoxication
Under Ohio law, and the laws of most States, an
intoxicated person is considered unable to give true, informed
consent. Instead, the law recognizes that a person who is
under the influence of alcohol or drugs is easily taken
advantage of. For this reason, the law requires that we
wait until a potential sexual partner is sober in order to gain
true consent. Under Ohio law, only spouses are exempt from
this requirement. |
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Disability Status
Some people with disabilities may be considered
unable to give true consent. These individuals include
those who are unable to serve as their own guardians (for
example, elderly persons with advanced dementia, persons with
severe developmental disabilities, etc.). |
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Authority
Some people in positions of authority are prohibited
by law from taking advantage of their positions to solicit sex
from those they have authority over. Examples of such
positions include teachers, coaches, clergy parents, etc.
Doctors, counselors/therapists, and others in a treatment role
are also prohibited from having sexual relationships with their
patients.
The bottom line is that sex without
consent is a crime-- a crime that hurts people and impacts every
aspect of the victim's life.
We all need to take the time to know and respect a potential
partner's feelings about sex. We need to take
responsibility for the communicating and asking for consent.
We need to understand that consent may change over time-- what
was okay yesterday may not be okay today. It's just that
simple.
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