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Use of alcohol or other drugs will never function as a defense to a violation of this policy. An individual violates this policy if the individual initiates and engages in sexual activity with someone who is incapacitated, and (1) the individual knew the other person was incapacitated, or (2) a sober reasonable person under similar circumstances as the person initiating the sexual activity would have known the other person was incapacitated. There is also no consent when there is force, expressed or implied, or use of duress or deception upon the victim. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent. Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes overtthreats, implied threats, intimidation, and coercion that overcome resistance or produce consent. Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.Under Arkansas law, the age of consent varies with the degrees of assault, the age of the actor, and the relationship of the actor to the other party. For specific information, please refer to Arkansas statutes (e.g., Arkansas Code Annotated %u00a7 5-14-125, Sexual Assault in the Second Degree).Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. In addition, previous relationships or prior consent cannot imply consent to future sexual acts. Risk ReductionIf you find yourself in an uncomfortable sexual situation, these suggestions may help you reduce your risk: %u2022Make your limits known before going too far. %u2022You can withdraw consent to sexual activity at any time. Do not be afraid to tell a sexual aggressor %u201cNO%u201d clearly and loudly. %u2022Try to remove yourself from the physical presence of a sexual aggressor. Be direct as possible about wanting to leave the environment. %u2022Grab someone nearby and ask them for help. %u2022Be responsible about your alcohol and/or drug use. Alcohol and drugs can lower your sexual inhibitions and may make you vulnerable to someone who views an intoxicated/high person as a sexual opportunity. %u2022Attend large parties with friends you trust. Watch out for your friends and ask that they watch out for you. %u2022Be aware of someone trying to slip you an incapacitating %u201crape drug%u201d like Rohypnol or GHB.If you find yourself in the position of being the initiator of sexual behavior, these suggestions may help you to reduce your risk of being accused of sexual assault or another sexual crime:
