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Draft of SOA Watch Sexual Offense Prevention and Response Policy


Last Revised 10.22.2004

Introduction

SOA Watch is a nonviolent organization seeking to end injustice, especially the injustice—including rape and sexual assault—caused at the hands of soldiers trained at the SOA/WHINSEC. As we take active steps to prevent injustice, we must also take active steps to prevent sexual harassment and assault in our communities. To ensure that the SOA Watch community and all SOA Watch events are safe from sexual offenses and that SOA Watch supports survivors of sexual offenses, a group of SOA Watch activists started a Sexual Offense Prevention and Response Team. While we work to close the SOA (by any name) we strive to do so in a manner that reflects the change we wish to see in the world and in an atmosphere that is welcoming and safe for all who wish to participate.

Summary

The policy lays out community standards and defines sexual offenses and consent. This policy is intended to be educational, to encourage and support community members to make and place their own physical and sexual boundaries and to practice consent.

This policy is gender neutral, and applies equally to people of all genders and sexual orientations, recognizing that people of all genders commit sexual offenses, and people of all genders may be sexually offended.

This policy deals with sexual offense cases as they occur within the context of SOA Watch. This policy is educational and can’t and doesn’t intend to replace state laws.

Statement of Community Standards:

Any form of intimidation, abuse, assault or harassment based on gender or sexual preference or the violation of an individual’s personal and sexual boundaries is contrary to the ideals of SOA Watch and will not be tolerated.

Definitions:

SOA Watch community is defined as everyone attending SOA Watch events during those specific time periods and all people working in the national SOA Watch structure (working groups, the DC office, and the council).

Sexual Offense is defined as behavior that violates the personal and sexual space of an individual and may include the following:

Sexual Harassment: Behavior towards an individual or group relating to sex/gender, sexuality, or sexual identity which has the purpose or effect of unreasonably interfering with that individual's or group's sense of comfort and safety and/or creates a hostile, offensive, or intimidating environment.

This includes inappropriate behavior, i.e., unwelcome comments (verbal, written, or visual), gestures, or touching - which may be perceived as a sexual overture or sexual denigration, any obviously unwelcome request for sexual favors, any request for sexual favors accompanied by threat of repercussion if these favors are not granted.

Sexual Assault: Coercion (see below for definition) for the purpose of sexual relations; sexual contact to which any party involved does not give full and free consent (see below for definition).

Coercion is defined here as:

1. Placing any form of pressure or manipulation (mental, emotional, physical) on another person(s) in an attempt to engage in any form of sexual contact.
2. The abuse of interpersonal power relationships which may or may not be based on race, sex, gender, class, age, experience and/or sexuality, and differences in size and obvious physical ability; the administration of intoxicants to prevent resistance - the use of alcohol or drug induced situations to reduce resistance; taking advantage of an individual's inability to appraise a situation or state of awareness (i.e., if the person is asleep). This includes the abuse of position within the SOAW (often unacknowledged) hierarchy.

Consent to one type of action, including various degrees of sexual behavior, or past sexual behavior with the person(s) in question does not imply consent to any further action(s).

Consent:

1. The act of willingly and verbally agreeing to engage in specific sexual behavior. See (4) below when sexual behavior is mutually and simultaneously initiated. Because of the importance of communication and the potential dangers when misunderstanding exists in a sexual situation, those involved in any sexual interaction need to share enough of a common understanding to be able to adequately communicate: requests for consent and when consent is given, denied or withdrawn. (Note: Recognized American and international sign languages are considered a form of verbal language for the purpose of this policy.)
2. When sexual behavior is not mutually and simultaneously initiated, then the person who initiates sexual behavior is responsible for verbally asking for the consent of the other individual(s) involved.
3. The person with whom sexual contact/conduct is initiated shall verbally express his/her/hir willingness or must verbally express consent, and/or express his/her/hir lack of willingness by words, actions, gestures, or any other previously agreed upon communication. Silence and/or non-communication must never be interpreted as consent.
4. When sexual behavior is mutually and simultaneously initiated, then the persons involved share responsibility for getting/giving or refusing/denying consent by words, actions, and gestures or by any other previously agreed upon communication.
5. Obtaining consent is an on-going process in any sexual interaction. Verbal consent should be obtained with each new level of physical and/or sexual behavior in any given interaction, regardless of who initiates it. Asking "Do you want to have sex with me?" is not enough. The request for consent must be specific to each act.
6. If someone has initially consented but then stops consenting during a sexual interaction, she/he/ze should communicate withdrawal of consent verbally (example: saying "no" or "stop") and/or through physical resistance (example: pushing away). The other individual(s) must stop immediately.
7. In order for consent to be meaningful and valid under this policy:
a. The person not initiating must have judgment and control unimpaired by any drug or intoxicant administered to prevent her/his/hir resistance, and/or which has been administered surreptitiously, by force or threat of force, or by deception
b. The person not initiating must have judgment and control unimpaired by mental dysfunction that is known to the person initiating
c. The person not initiating must not be asleep or unconscious
d. The person initiating must not have forced, threatened, coerced, manipulated or intimidated the other individual(s) into engaging in sexual behavior.
8. To knowingly take advantage of someone who is under the influence of alcohol, drugs, prescribed or over-the-counter medication is not acceptable behavior in the SOA Watch community.

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk of perpetrating sexual misconduct:

1. DON’T MAKE ASSUMPTIONS. About consent. About someone’s sexual availability. About whether they are attracted to you. About how far you can go. About whether they are physically and mentally able to consent.
2. Clearly communicate your intentions to your sexual partner(s) and give them a chance to clearly relate their intentions to you.
3. Mixed messages from your partner(s) should be a clear indication that you should step back, defuse the sexual tension, and communicate better. Perhaps you are misreading them. Perhaps they haven’t decided how far they want to go with you. You need to respect the timeline with which they are comfortable.
4. Don’t take advantage of someone’s drunkenness, drugged state, or any other state that may lessen that person’s awareness and decision-making abilities.
5. Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender, size, age, position, physical ability, or other power advantage. Don’t abuse that power.
6. Understand that consent to some forms of sexual behavior does not necessarily imply consent to other forms of sexual behavior.
7. Silence and passivity cannot be interpreted as an indication of consent.