Rape Under Pennsylvania law, rape occurs when a person engages in sexual intercourse with a Complainant: (1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (3) who is unconscious or where the person knows that the Complainant is unaware that the sexual intercourse is occurring; (4) where the person has substantially impaired the Complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the Complainant, drugs, intoxicants or other means for the purpose of preventing resistance; or (5) who suffers from a mental disability which renders the Complainant incapable of consent. The Clery Act defines rape (sexual penetration without consent) as any penetration of the mouth, sex organs, or anus of another person, however slight by an object or any part of the body without the consent of the victim. This includes performing oral sex on another person when Consent is not present and includes the rape of both males and females. Fondling The Clery Act defines fondling (sexual contact without consent) as knowingly touching or fondling a person’s genitals, breasts, buttocks, or anus, or knowingly touching a person with one’s own genitals or breasts, when Consent is not present. This includes contact done directly or indirectly through clothing, bodily fluids, or with an object. It also includes causing or inducing a person, when Consent is not present, to similarly touch or fondle oneself or someone else. This includes 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 In Pennsylvania, incest is defined as knowingly marrying, cohabiting with or having sexual intercourse with an ancestor or descendant, such as a parent or child, a brother or sister, including half-brothers and half-sisters, an uncle, aunt, nephew or niece, regardless of whether these are blood relationships. For example, it is incest if a father has sex with an adopted daughter even if they do not share any blood connection. The Clery Act defines incest as sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Statutory Rape The Clery Act defines statutory rape is defi ned as sexual intercourse with a person who is under the statutory age of consent. In Pennsylvania, the age of consent for sexual activity is 16. Minors under the age of 13 cannot consent to sexual activity. Minors aged 13- 15 years old cannot consent to sexual activity with anyone who is 4 or 26
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