有关性暴力的法律, 性骚扰, 基于性别的骚扰, 家庭暴力, 约会暴力, 跟踪和报复.
联邦法律
第九条禁止基于性别的歧视
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex against any person in education programs and activities receiving federal funding.
欲了解更多关于教育法第九条的信息，请 查看U.S. 教育部民权办公室网站
《ladbrokes立博中文版》要求披露罪行
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) requires colleges and universities that participate in federal financial aid programs to report annual statistics regarding crimes that occur on or near their campuses. 它还包含对策略的需求, 进行纪律处分程序的要求, and prevention and awareness programs related to sexual assaults, 约会暴力, 家庭暴力, 性侵犯和跟踪.
马萨诸塞州刑法
For the purpose of the university’s internal Title IX grievance procedures, 涉嫌性暴力ladbrokes立博官网, 性骚扰, 基于性别的骚扰, 家庭暴力, 约会暴力, 跟踪和报复 are determined by the definitions set forth in the 第九条性骚扰政策.
然而, an individual who believes that they have been the victim of a crime may also choose to pursue a criminal investigation through local law enforcement. 在这些情况下，将适用刑法的定义:
性侵犯
马萨诸塞州刑法使用“强奸”一词.” The definition encompasses (1) the penetration of any orifice by any body part or object (2) by force (or threat) and (3) without consent. Rape also includes instances where the victim is incapacitated (“wholly insensible so as to be incapable of consenting”) and the perpetrator is aware or should have known of the incapacitation. 相对地，在M.G.L. c. 268, § 40, a person who knows that an individual is a victim of an aggravated rape and is at the scene of the crime, must report the crime to law enforcement as soon as is reasonably practicable.
同意
There is no definition of the term “consent” in the Massachusetts General Laws. Massachusetts courts use the term “against his/her will” which means without consent. Cases have held that consent cannot be compelled or induced by force or threats, 当受害人丧失行为能力时，同意并不存在. 换句话说, consent requires a voluntary agreement demonstrated by words or actions, by a person with sufficient mental capacity to make a conscious choice to do something proposed by another, 不受胁迫. 英联邦v. 洛佩兹， 433质量. 722 (2001), 英联邦v. 莱夫科维茨， 20质量. 应用程序. Ct. 513 (1985); see also: M.G.L. c. 265, § 22
家庭暴力
M第1节.G.L. c. 209A defines domestic abuse as “the occurrence of one or more of the following acts between family or household members: (a) attempting to cause or causing physical harm; (b) placing another in fear of imminent serious physical harm; (c) causing another to engage involuntarily in sexual relations by force, 威胁或胁迫.”
就…而言 209章, “family or house-hold members” are defined as persons who (a) are or were married to one another; (b) are or were residing together in the same household; (c) are or were related by blood or marriage; (d) have a child in common regardless of whether they have ever married or lived together; or (e) are or have been in a substantive dating or engagement relationship, 哪一个应由地区裁决, probate or Boston municipal courts’ consideration of the following factors: (1) the length of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, 自终止后经过的时间长度.
第13M条.G.L. c. 265 prohibits assault and/or assault and battery against family or household members, which is defined as: “persons who: (i) are or were married to one another, (ii) have a child in common regardless of whether they have ever married or lived together or (iii) are or have been in a substantive dating or engagement relationship.参见: 部分米.G.L. c. 260
在决定是否 节13米 适用于特定的关系, the courts shall consider the following factors: “(1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time that has elapsed since the termination of the relationship.”
第15D条.G.L. c. 265 禁止勒死或窒息他人.
约会暴力
While Massachusetts does not have a law concerning 约会暴力, 行为可构成殴打或殴打 M.G.L. c. 265, § 13A. An assault or an assault and battery: (i) upon another and [the perpetrator] by such assault and battery causes serious bodily injury; (ii) upon another who is pregnant at the time of such assault and battery, [the perpetrator] knowing or having reason to know that the person is pregnant; or (iii) upon another who [the perpetrator] knows has an outstanding temporary or permanent vacate, restraining or no-contact order or judgment issued pursuant to [applicable law], in effect against him at the time of such assault or assault and battery.”
第13M条.G.L. c. 265 prohibits assault and/or assault and battery against family or household members, which is defined as: “persons who: (i) are or were married to one another, (ii) have a child in common regardless of whether they have ever married or lived together or (iii) are or have been in a substantive dating or engagement relationship.参见: M.G.L. c. 260
在决定是否 节13米 适用于特定的关系, the courts shall consider the following factors: “(1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time that has elapsed since the termination of the relationship.”
第15D条.G.L. c. 265 禁止勒死或窒息他人.
跟踪
条例第43条.G.L. c. 265 defines “stalking” as “(1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable per-son to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily harm.”
有关这些法律的任何问题, please contact the 平等机会办公室 at (508) 531-2744 or by emailing titleix@usa42.com.