intimate associations primarily characterized by the expectation of affectional or
Sexual involvement, but does not include a causal relationship or an ordinary
association between persons in a business or social context.
Sexual Assault (Neb. Rev. Stat. §§, 28-317, 28-318, 28-319 and 28-320):
Sexual contact and/or Sexual penetration without the consent of the victim,
regardless of either person’s gender, including situations where coercion, force
or the threat of force was used; situations where the perpetrator knew or should
have known that the victim was physically or mentally incapable of resisting
or appraising the nature of his/her conduct (
i.e. mentally challenged, disabled,
intoxicated, etc.
); or where the perpetrator is nineteen years of age or older and
the victim is at least twelve but less than sixteen years of age. A victim must simply
provide enough resistance, either verbally or physically, to make the perpetrator
aware of the lack of consent. A victim need not resist verbally or physically where
it would be useless or futile to do so.
The following definitions apply:
1. Actor: The person accused of Sexual assault.
2. Force or threat of force: The use of physical force which overcomes the
victim’s resistance; or the threat of physical force, express or implied, against
the victim or a third person that places the victim in fear of death or in fear
of serious personal injury to the victim or a third person where the victim
reasonably believes that the actor has the present or future ability to execute
the threat.
3. Intimate parts: The genital area, groin, inner thighs, buttocks, or breasts.
4. Serious personal injury: Great bodily injury or disfigurement, extreme mental
anguish or mental trauma, pregnancy, disease, or loss or impairment of a
Sexual or reproductive organ.
5. Sexual contact: The intentional touching of the victim’s Sexual or intimate
parts, or the intentional touching of the victim’s clothing covering the
immediate area of the victim’s Sexual or intimate parts. Sexual contact also
means the touching, by the victim, of the actor’s Sexual or intimate parts or
the clothing covering the immediate area of the actor’s Sexual or intimate
parts, when this touching is intentionally caused by the actor. Sexual contact
includes only that conduct which can be reasonably construed as being for
the purpose of Sexual arousal or gratification of either party.
6. Sexual penetration: Sexual intercourse in its ordinary meaning, cunnilingus,
fellatio and anal intercourse. It also includes the intrusion, however slight, of
any part of the perpetrator’s or victim’s body, or any object manipulated by the
actor, into the genital or anal openings of the victim’s body. Sexual penetration
does not require emission of semen.
7. Victim: The person alleging to have been sexually assaulted.
Stalking (Neb. Rev. Stat. § 28-311.03):
The willful harassment of another person, regardless of gender, or the family
or household member of that person, with the intent to injure, terrify, threaten,
or intimidate. Actions include, but are not limited to, deliberately following,
detaining, contacting, or harassing the person(s), or imposing any restraints on
their personal liberty.
1. Harass: To engage in a knowing and willful course of conduct directed at a
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