DoD DEFINITION OF SEXUAL ASSAULT
Sexual assault is defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent.
Sexual assault includes rape, nonconsensual sodomy, indecent assault or attempts to commit these acts.
Sexual assault can occur without regard to gender, spousal relationship or the age of the victim.
"Consent" shall not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person uses force, threat of force, coercion or when the victim is asleep, incapacitated or unconscious.