In our state and many others, informed consent cannot be given when under the influence. You were raped. It was not your fault. That man is a rapist and should be reported and brought to justice, if you feel able to do so, as he is highly likely to do it again to someone else. Chances are, you were not this predator's first victim.
You have no responsibility here. We have many male predators who look for impaired victims so they don't have to use physical force. This rapist raped you because he is a rapist.
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Sexual Assault
When discussing sexual assault/rape there are two definitions to review:
Illinois law
In the state of Illinois "sexual assault" or rape, is a felony and could result in an individual being sentenced to time in prison. It is defined as penetration (could be oral, anal, or vaginal), by force or threat of force, or when the victim is unable to give knowing consent. If an individual is "incapacitated from drugs or alcohol" (i.e. drunk) they cannot give consent. Having sex with someone who is drunk, is by definition, a crime.
Illinois State Code of Conduct
ISU’s Student Code of Conduct provides a definition of "sexual misconduct" which is much broader than the state’s definition (General Regulations, Section III-7). It states:
"Students shall not engage in any physical act that is sexual in nature and which is committed under pressure, force, threat, or coercion, or without the full and informed consent of all persons involved. For the purpose of this policy, consent must be freely and actively given through mutually understandable terms or actions. A person is deemed incapable of giving consent when that person is a minor, is mentally disabled, mentally incapacitated, physically helpless, under the influence of alcohol or drugs to the point of being unable to make a rational decision, unconscious or asleep. A person always retains the right to revoke consent at any time during a sexual act."
- Illinois State University's Student Code of Conduct
Key Points
- Consent must be actively given. Submission is not consent. Lack of a "no" is not consent.
- If an individual is intoxicated, they cannot provide consent. Having sex with someone who is drunk IS sexual assault/rape.
- Penetration is not required. Any unwanted, nonconsensual sexual activity could constitute sexual misconduct.
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