Governor’s Advisory Council Against Sexual Violence

PREVENTION AND PUBLIC EDUCATION COMMITTEE

Sexual ViolenceVision Statement

In New Jersey all individuals will be free of the threat, fear or acts of sexual violence in all its forms.

Definition – Continuum of Sexual Violence

Sexual Violence is any criminal and non-criminal violation of a person, where this violation is of a sexual nature. Sexual violence can occur between any persons including acquaintances, strangers, family members or in dating relationships and is often part of domestic violence situations. Sexual violence occurs between individuals but is perpetuated at the system level by a set of community norms, behaviors and attitudes that allow for the sexual degradation, exploitation and objectification of individuals. The term “sexual violence” refers to the following verbal, pictorial, written or physical acts that form a continuum of sexual violence (in alphabetical order):

  • Child Pornography—visual images or sometimes written passages depicting minors under the age of legal consent in explicit sexual activity.
  • Child Sexual Abuse—any sexual activity with a child by a person in a dominant position.
  • Drug facilitated sexual assault - the administration of any drug(including but not limited to alcohol) taken voluntary or involuntary to render a victim physically incapacitated or helpless and thus incapable of giving or withholding consent. Victims may be unconscious (incapacitated) during all or parts of the sexual assault and, upon regaining consciousness, may experience anterograde amnesia--the inability to recall events that occurred while under the influence of the drug.
  • Exposure/lewdness—revealing of a person’s body, especially genitals, in a public setting.
  • Female genital mutilation - often referred to as 'female circumcision', comprises all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs whether for cultural, religious or other non-therapeutic reasons
  • Incest—sexual activity, either consensual or nonconsensual, between members of the same family.
  • Internet Predation (specifically in reference to children)—to use the internet to solicit children for sexual acts, sending sexually explicit emails or text messages to children, arranging to meet children who are under the legal age of consent for the purpose of sexual intercourse or sexual activities.
  • Molestation—the act of subjecting someone to unwanted or improper sexual advances or activity (used mostly in reference to children).
  • Pornography - is exposure to the representation of the human body or sexual activity that is sexually exploitative, degrading and objectifies individuals. This includes, but is not limited to, the increased “pornification” of mainstream media messages.
  • Professional Abuse: misuse of power or coercion by a professional (clinician, physician, etc.)
  • Prostitution—when an individual, be it a child or an adult, is forced/coerced to engage in sex work that is degrading, exploitative and objectifying and/or obliged to give their earnings to another individual/organization or party.
  • Sex Trafficking—the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. Also referred to as human trafficking and commercial sexual exploitation.
  • the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. [1]
  • the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjecting that person to involuntary servitude, peonage, debt bondage, or slavery.[2]
  • Sexual Assault—the forced, manipulated or coerced oral, vaginal or anal penetration of a person without consent.
  • Rape—is defined as the carnal knowledge of a female forcibly and against her will. All assaults and attempts to rape are counted, but carnal abuse, rape without force (statutory rape) and other sex offenses are not included. [3]
  • Martial/Intimate Partner Rape—when one spouse/intimate partner forces, coerces, and/or manipulates the other spouse/intimate partner into participating in sexual activity against their will.
  • Statutory Rape—sexual intercourse, between an adult and a child under the legal age of consent and between an older child and younger child under the legal age of consent.
  • Sexual Contact—the forced, manipulated or coerced sexual touching of a person without consent.
  • Frottage—rubbing against another person while fully clothed for sexual pleasure (without consent). Also known as “grinding”.
  • Sexual contact—an intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present.[4]
  • Sexual Harassment—any unwanted and unwelcome behavior of a sexual or gender-specific nature (may include fondling, lewd comments, demanding sexual favors or you’ll be fired from your job, etc.). May also be known as “sexual bullying” and “professional boundary violation”
  • Stalking—when an individual willfully and repeatedly engages in an intentional, constant harassment directed at another person, which reasonably and seriously alarms, torments, or terrorizes that person.
  • Voyeurism (Peeping)—deriving sexual satisfaction while secretly watching others undress or engage in sexual activity.

Sexual violence can occur in the home, workplace, school, prison and community. It includes the use of mainstream media messages that portray people as sexual objects. All the above acts also qualify as sexual violence if they are committed against someone who is unable to consent or refuse.

[1] Definition of “trafficking in persons” United Nations Convention Against Transnational Organized Crime, Supplemental Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children

[2]Trafficking Victims Protection Act (TVPA) of 2000

[3] Definition used by the Uniform Crime Report, State of New Jersey, Division of State Police. This definition utilizes a very restrictive means of reporting.

[4] N.J.S.A.2C:14-1