Violence Against Women Act (VAWA)

Disclosure to Alleged Victims of Violence or Non-Forcible Sex Offenses 

DU will, upon written request, disclose to the alleged victim of a crime of violence (as that term is defined in section 16 of title 18, United States Code), or a non-forcible sex offense (Incest or Statutory Rape), the report on the results of any disciplinary proceeding conducted by DU against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

Prohibition Statement

DU prohibits all forms of sexual harassment and sexual violence, which include, but are not limited to, the offenses of sexual assault, dating violence, domestic violence, and stalking. DU officials respond swiftly to all reports of these incidents to provide support services for those who have experienced gender-based violence; protect the rights of all students, employees, and campus visitors under our Title IX and Clery obligations; apply our Employee Code of Conduct and Student Honor Code policies, and other applicable policies and procedures; and cooperate fully with law enforcement officials.

Sexual assault, dating violence, domestic violence, and stalking are reportable crimes under the Clery Act and may also constitute violations of Colorado state law, Title IX, Title VII, and applicable DU policy, including but not limited to the DU Student Honor Code and the DU Discrimination and Harassment Policy, which applies to DU students, employees, and visitors.

Violence Against Women Act (VAWA) Definitions

Federal definitions and terminology for the offenses of sexual assault, dating violence, domestic violence, and stalking are included in this report under the definitions of reportable crimes. State law and DU definitions and terminology for the offenses of sexual assault, dating violence, domestic violence, and stalking are included in this section of the Annual Security and Fire Safety Report.

Domestic Violence (State of Colorado Definition)

State Definition (C.R.S. 18-6-800.3): an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

• “Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.

Dating Violence (State of Colorado Definition)

State Definition: The State of Colorado does not have a state statute/definition for “dating violence.”

Stalking (State of Colorado Definitions)

State Definition (C.R.S. 18-3-602): A person commits stalking if directly, or indirectly through another person, the person knowingly:

• Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or 
• Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
• Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

Sexual Assault and Sex Offenses (State of Colorado Definitions):

Sexual contact - The knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse. The knowing emission or ejaculation of seminal fluid onto any body part of the victim or the clothing covering any body part of the victim. Knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact with semen, blood, urine, feces, or a bodily substance is for the purpose of sexual arousal, gratification, or abuse.

Sexual intrusion - any intrusion, however slight, by any object or any part of a person’s body, except the mouth, tongue, or penis, into the genital or anal opening of another person’s body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.

Sexual penetration - sexual intercourse, cunnilingus, fellatio, anilingus, or anal intercourse. Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime.

Title 18 Criminal Code § 18-3-402 Sexual Assault (Includes Statutory Rape)

Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

• The actor causes sexual intrusion or sexual penetration knowing the victim does not consent; or
• The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
• The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
• At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
• At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
• The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
• The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
• The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.

Title 18 Criminal Code § 18-3-404 Unlawful Sexual Contact

Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if:

• The actor knows that the victim does not consent; or
• The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
• The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or
• The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission; or
• Repealed.
• The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit; or
• The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices.
• (1.5) Any person who knowingly, with or without sexual contact, induces or coerces a child by any of the means set forth in section 18-3-402 to expose intimate parts or to engage in any sexual contact, intrusion, or penetration with another person, for the purpose of the actor’s own sexual gratification, commits unlawful sexual contact. For the purposes of this subsection (1.5), the term “child” means any person under the age of eighteen years.

Title 18 Criminal Code § 18-6-301 Incest

Any person who knowingly marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, an ancestor or descendant, including a natural child, child by adoption, or stepchild twenty-one years of age or older, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood commits incest, which is a class 4 felony. For the purpose of this section only, “descendant” includes a child by adoption and a stepchild, but only if the person is not legally married to the child by adoption or the stepchild.

Title 18 Criminal Code § 18-6-302 Aggravated Incest

A person commits aggravated incest when he or she knowingly:

• Marries his or her natural child or inflicts sexual penetration or sexual intrusion on or subjects to sexual contact, as defined in section 18-3-401, his or her natural child, stepchild, or child by adoption, but this paragraph (a) shall not apply when the person is legally married to the stepchild or child by adoption. For the purpose of this paragraph (a) only, “child” means a person under twenty-one years of age.
• Marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, a descendant, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood who is under ten years of age.

Statutory Rape

Statutory rape is prosecuted under Colorado’s sexual assault law described above.

Consent (State of Colorado Definition):

Title 18 Criminal Code § 18-3-401 Definitions

“Consent” means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent under the provisions of this part 4. Submission under the influence of fear shall not constitute consent. Nothing in this definition shall be construed to affect the admissibility of evidence or the burden of proof in regard to the issue of consent under this part 4.

Consent as Defined in DU’s Discrimination and Harassment Policy

For all forms of Sexual Assault set forth above under this policy, Consent is   (1) mutually understandable, clear, knowing and voluntary affirmative permission (2) given through clear words or actions (3) regarding the willingness to engage in and the conditions for sexual activity.

Consent cannot be obtained by:

• Incapacitation, which means that a person is impaired to such a level that they lack the ability to make informed, rational judgments about whether or not to engage in sexual activity.
  • A person who is incapacitated is unable, temporarily or permanently, to give Consent because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that the sexual activity is taking place.
  • A person may be incapacitated as a result of the consumption of alcohol or other drugs or due to a temporary or permanent physical or mental health condition.
  • Consent cannot be gained by taking advantage of the incapacitation of another, where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated.
  • A person may also lack capacity because of their age.
• Force, which means physical violence involving a person exerting control over another person through the use of physical force. Examples of physical violence include hitting, punching, slapping, kicking, restraining, strangling, and brandishing or using any weapon.
• Threats, which are words or actions that would compel a reasonable person to engage in unwanted sexual activity. Examples include threats to harm a person physically, to reveal private information to harm a person’s reputation, or to cause a person academic or economic harm.
• Coercion, which is the use of an unreasonable amount of pressure to induce participation in sexual activity. Coercion is more than an effort to persuade, entice, or attract another person to have sex. When a person makes clear a decision not to participate in a particular form of sexual contact or sexual intercourse, a decision to stop, or a decision not to go beyond a certain sexual interaction, continued pressure can be coercive. In evaluating whether coercion was used, the University will consider:
  • the frequency of the application of the pressure,
  • the intensity of the pressure, 
  • the degree of isolation of the person being pressured, and 
  • the duration of the pressure.
• Abuse of Power, which occurs when an individual in a position of authority, whether that authority is real or perceived, induces another individual to engage in activity that would otherwise be nonconsensual based on the need for a specific performance or duty (e.g., grading, performance evaluation).

Bystander Intervention

When someone interrupts a problematic or potentially harmful situation, stopping action or comments that promote sexual or discriminatory violence, bullying, harassment, intimidation, or threatening behavior - they are being an active bystander. An active bystander also takes action when they see someone who is intoxicated and in need of help or may even be in emotional distress. Being an active bystander is about challenging and changing the cultural norms that make problematic or harmful behavior acceptable.

At DU, we intervene when we see a community member in need of support or when a situation does not fit our values. Intervention is not one size fits all. You can select an intervention style that works for you:

• Direct: you feel comfortable acting as the primary helper.
• Distract: you create a distraction or other interruption to halt the potentially harmful situation.
• Delegate to a trusted resource: you request assistance from a qualified resource such as Campus Safety, Denver Police, Title IX, or Student Outreach & Support
• Delay your intervention for when addressing the behavior is more appropriate: you may not feel comfortable saying something in the moment, so you follow up with the person within 24 hours to address things like harmful jokes, comments, or catcalling. Note that you should not delay when responding to a high risk situation like intoxication or sexual assault.

We can intervene on our own behalf. In a situation that is uncomfortable, or is close to crossing a limit or boundary, you can select an intervention style that works for you and fits the situation. Remember, your own safety is primary. And, whether or not you intervene for yourself, you deserve help and support. Someone crossing a boundary is never your fault.

• Direct: say you are feeling uncomfortable, or that a line has been crossed.
• Distract: come up with a quick distraction, like a phone call or having to use the restroom, to get out of the situation.
• Delegate: text, reach out to, or otherwise signal to friends that you’d like some assistance.
• Delay: if appropriate, follow up with the person within 48 hours to talk about what happened. Let them know how their actions impacted you, and re-state your boundary.

Remember, sexual assault is never the fault of the victim/survivor. Even if you do/did none of these things, you do not deserve to experience gender-based violence. These are tips meant to empower a person.

Remembering the following tips can help you prevent sexual assault:

• Always talk to your partner(s) before engaging in sexual or intimate activities.
• Make sure you all are consenting and that you clearly understand their likes, dislikes, and limits.
• Remember that alcohol and other substances can blur your thinking, making it more difficult for you to read someone’s signals or body language - more likely to cross someone’s boundaries.
• If the sexual act is no longer pleasurable or your partner(s) has stopped engaging, stop the activity and check in with them.
• Sex and intimacy should be pleasurable for everyone involved. Consent is just the minimum.
• Stop any activity if your partner is:
  • Silent or not responding
  • Avoiding answering a question
  • Using uncertain statements such as, “I’m not sure if I’m ready.” “I don’t know if I want to.” “I think I’ve had too much to drink.” “I’m scared.”
  • Changing their mind after saying yes
  • Being pressured or coerced to say yes
  • “Giving in”
• Understand that the following are not consent:
  • Expanding what something may mean (i.e.: A “Yes” to “Do you want to go back to my place?” is only giving consent to physically go back to your place)
  • Entitlement through a committed relationship
  • Absence of a clear yes
  • When your partner says no, she/he really does not mean yes

If someone you know is sexually assaulted:

• Validate: Tell them know that you appreciate the courage it took to come forward and share their experience with you.
• Empower: Support your friend, do not tell them what to do. Believe them and let them make their own decisions. Do not call authorities without their permission.
• Connect: Talk about the DU and community resources that can help.

Next Section: Procedures for Victims of Sex- and Gender-Based Violence or Harassment

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