Sexual misconduct is a type of behavior of a sexual nature that is considered inappropriate, unwelcome, and harmful to another person. It can take many forms and exists on a spectrum that may include a broad range of sexual behaviors considered unwelcome. Sexual misconduct includes conduct considered inappropriate on an individual or societal basis of morality, sexual harassment, and/or criminal sexual assault. Sexual misconduct is a "lay term" which represents a boundary that has been broken, dictated by a moral set of conduct, particularly where the situation is normally non-sexual and therefore unusual for sexual behavior, or where there is some aspect of personal power or authority that makes sexual behavior inappropriate. The alleged misconduct can be of various degrees, such as exposure of genitals, assault, aggressive come-ons, pleading, or even inattentiveness to nonverbal cues of discomfort. Sexual misconduct is against an individual without or no consent possible or where the power dynamics of the relationship are being challenged in an effort to redefine the nature or form of consent necessary in a given circumstance.
Sexual misconduct includes, but is not limited to, the following behaviors:
- Sexual harassment: Unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive environment.
- Sexual violence: A type of sexual discrimination and harassment including nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking.
- Nonconsensual sexual intercourse: Any sexual intercourse or penetration (anal, oral, or vaginal), however slight, with any object, by a person upon another person, that is without consent and/or by force. Often referred to as sexual assault.
- Nonconsensual sexual contact: Any sexual touching, however slight, with any object, by a person upon another person, that is without consent and/or by force.
- Domestic violence: Violence committed by the victim’s current or former spouse or cohabitant.
- Dating violence: Violence by a person who has been in a romantic or intimate relationship with the victim.
- Stalking: Intentional and repeated harassment or intimidation of another person that causes fear of bodily harm or death.
Consent is a crucial aspect of sexual behavior. It is a free and clearly given yes, not the absence of a no, and cannot be received when a person is incapacitated by alcohol or drugs.
