2023 ANNUAL SECURITY REPORT 11 Sexual Assault (Sex Offenses). Sexual Assault is defined as any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. The four types that must be reported in this Annual Security Report are: • Rape. 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. • Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. • Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. • Statutory Rape. Sexual intercourse with a person who is under the statutory age of consent. Robbery. Robbery is the taking or attempting to take anything of value from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. Aggravated Assault. Aggravated assault is an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Burglary. Burglary is the unlawful entry of a structure to commit a felony or a theft. Motor Vehicle Theft. Motor vehicle theft is the theft or attempted theft of a motor vehicle. Arson. Arson is any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling, house, public building, motor vehicle or aircraft, personal property of another, etc. HATE CRIME OFFENSES Kutztown University strives to foster a safe and inclusive learning environment for all of its community members. While it records and reports all required Clery Act criminal offenses, the institution also reports Hate Crime statistics that are separated by category of prejudice. All crimes that fit the definition of one of the aforementioned criminal offenses are included in the general statistics for each of the reporting years. Additionally, any incidents of larceny-theft, simple assault, intimidation and destruction/damage/ vandalism of property that are motivated by the offender’s bias are included. In other words, the criminal offense manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For purposes of the annual statistical disclosure, hate crimes include any Clery-reportable criminal offense (listed above) and the following additional offenses: •Larceny-Theft. The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Constructive possession is the condition in which a person does not have physical custody or possession but is in a position to exercise dominion or control over a thing. • Simple Assault. The unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. • Intimidation. Unlawfully placing another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
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