policy and procedures. To review said statutes in their entirety, please see
the official site of the Nebraska Unicameral Legislature at the following:
nebraskalegislature.gov/laws/browse-statutes.php
.
Consent to Sexual Activity (Neb. Rev. Stat. §28-318):
The activity takes place without the use of, or the threat of, force or coercion,
whether verbal or physical (coercion is the act of using some form of pressure
or force to have Sexual contact with someone who has already refused or is
incapable of providing consent); each participant provides clear consent through
their words and/or actions; each participant is fully aware of the other participants’
identity and intentions; each participant is clearly able to provide their voluntary
consent (both mentally and physically; influence of alcohol or drugs is an issue
when considering consent); and there is no verbal or physical resistance by
any participant. The provision of consent for one form of Sexual activity cannot
automatically be taken as consent for any other form of Sexual activity; consent
must be provided for each type of activity. In addition, previous relationships or
prior consent does not automatically provide consent for future Sexual acts; each
Sexual encounter stands alone.
Dating Violence (Neb. Rev. Stat. §79-2,140):
A pattern of behavior where one person uses threats of, or actually uses, physical,
Sexual, verbal, or emotional abuse, to control his or her dating partner. Dating
partner means any person, regardless of gender, involved in an intimate relationship
with another person primarily characterized by the expectation of affectionate
involvement, whether casual, serious, or long-term.
Domestic Violence (Neb. Rev. Stat. §28-323):
A person intentionally and knowingly causes bodily injury to his/her intimate
partner; threatens an intimate partner with imminent bodily injury; or threatens
an intimate partner in a menacing manner. Intimate partner, regardless of gender,
means a spouse; a former spouse; persons who have a child in common, whether
or not they have been married or lived together at any time; and persons who are
or were involved in a dating relationship. Dating relationship means frequent,
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
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