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Understanding the Law: Definitions
Forcing or coercing someone to have sexual intercourse or engage in other sexual contact is against the law.
According to New York State Law, a person is guilty of rape when:
1. he or she engages in sexual intercourse with another person through forcible compulsion, or
2. he or she engages in sexual intercourse without the person's consent.
Forcible compulsion
 to compel by either use of physical force or a threat (expressed or implied) which
places a person in fear of physical injury or death.
Incapacity to consent
a person less than seventeen years old, mentally defective, mentally incapacitated or
physically helpless.
Mentally incapacitated
a person is rendered temporarily incapable of appraising or controlling his/her
conduct owing to the influence of a narcotic or intoxication substance administered
to her/him without her/his consent or to any other.
Physically helpless
unconscious or for any other reason is physically unable to communicate unwillingness
to an act.
Forcing or coercing a man or woman to engage in any sexual contact other than sexual intercourse under the circumstances mentioned above is considered sexual abuse or sodomy.
Cornell Campus Code of Conduct
Title Three (Regulations for the Maintenance of the Educational Environment) states:
"It shall be a violation on any campus of Cornell University or any other property or facility used by it for educational purposes:
to harass, abuse or threaten another person,
to sexually harass another person,
to sexually abuse another person,
to sexually assault another person, or
to rape another person."
Penalties: Members of the Cornell community who commit these crimes will be subject to harsh sanctions from the University and/or criminal justice system including but not limited to:
Prosecution through the Judicial Administrator's Office which could result in
probation, suspension, expulsion, termination of employment, financial restitution,
and/or other sanctions.
Prosecution in the criminal courts which could result in a jail sentence, community
service hours, probation, a permanent criminal record, and/or other penalties.
Prosecution in the civil court.
Fraternity sanctions (probation, rescinding recognition).
Cornell University Legal Action After a Sexual Assault
Initial Concerns
If You Have Been Sexually Assaulted
Medical Care After an Assault
Reporting the Assault
If You Choose to Report, To Whom Should You Report the Crime?
Privacy and Protection
Can You Get an Order of Protection?
Will Anyone Contact Your Parents Without Your Permission?
Will Your Peers Find Out What Happened?
Will Your Name Appear in the Media?
Will the University Take Any Action Against the Assailant?
The Roles and Responsibilities of Those Involved
What is the Role of the Judicial Administrator?
What is the Role of the District Attorney's Office?
What is Your Role if Charges are Filed?
What Happens in the Criminal Justice System?
What Happens After the Defendant is Arrested?
What is a Preliminary Hearing?
What is the Grand Jury's Role?
If the Case Goes to Trial, What is the Usual Process?
Do You Have to Testify/Face the Person Who Committed the Crime?
Will You Be Notified About the Status of the Case?
What if Your Case is Plea Bargained?
Can You Appeal if the Defendant is Found Not Guilty?
If the Defendant is Found Guilty, Then What Happens?
Final Considerations
Is it worth it to file a complaint?
Who can aid you with the process?
We hope this information is useful to you as you decide the best course of action and begin the healing process. Although every effort has been made to ensure its accuracy, this not a legal document.
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