To the Editor:
It has been good to see so many letters to the editor and opinion pieces published in the Dartmouth recently about the important topic of sexual assault. Discussion and debate that makes people more aware of this issue and its impact on the community is needed and useful. I am writing to correct a misstatement of fact, however, in the recent opinion piece "Hypocrisy in Sexual Assault Law" (March 7). In that piece, the author mistakenly says the New Hampshire definition of aggravated felonious sexual assault "means, among other things, that if alcohol or drugs are taken by the victim at any point during the day or night, then she or his is consequently unable to give consent to sexual activity."
This is a common misinterpretation of the state statute as well as of the College policy concerning sexual abuse. Although these policies are worded differently and not exactly parallel, on this point the New Hampshire law and College policy are quite similar: The central issue regarding the relationship between alcohol and/or drug consumption and sexual assault or sexual abuse is one of consent and incapacitation. It is not the case, according either to state law or College policy, that ANY alcohol use means that participants in sexual activity are not able to consent. Rather, as the Dartmouth Sexual Abuse policy states, "Sexual abuse includes, but is not limited to....Sexual intercourse when such contact is achieved without consent; through physical force, coercion, or threat; or in situations in which the victim is unable to consent because of physical or mental incapacitation by reason of drug or alcohol consumption, sleep, or
unconsciousness" (pg. 119, 2005-2006 Student Handbook).
(cont. from page 4)
If people choose to be sexually intimate, and if they also choose to consume alcohol, they need to take care that the sexual activity is consensual.
In order to be sure of that, they need to appreciate that the amount of alcohol or other drugs consumed may eliminate the capacity to give consent, regardless of other behavior. They also need to appreciate that the amount of alcohol or other drugs consumed may eliminate the ability to perceive accurately whether or not consent has been given. And they should also be aware that their own perceptions of how much is too much may be distorted by their current level of impairment. In addition, those personal perceptions may not coincide with the "reasonable person" standard that applies when determining consent in sexual abuse disciplinary hearings.
Pages 119-121 of the current Student Handbook contain a more detailed and informative discussion of these issues, as well as information about College policy and New Hampshire law. Everyone should be familiar with that information, and anyone who has questions about it should contact Leah Prescott (the Sexual Abuse Prevention Programs Coordinator), April Thompson (Director of Undergraduate Judicial Affairs), their class dean, or any of the other resources available at Dartmouth to help all of us better understand and address sexual abuse.
