What is the key component in defining rape according to the Clery Act?

The key component in defining rape according to the Clery Act is the incapacity of the victim to consent. This is crucial because the law emphasizes that consent is a fundamental aspect of any sexual encounter. When a person is incapacitated—due to factors such as age, mental disability, or substance intoxication— they are unable to give meaningful consent, making any sexual act that occurs under these circumstances non-consensual and classified as rape.

The Clery Act aims to provide a clear framework for understanding sexual violence on college campuses, emphasizing victim protection and the importance of consent. This means that even in cases where physical force is not employed, if an individual cannot provide consent, the act is still considered rape. This understanding aligns the legal definition with the necessity to protect individuals from being victimized in situations where they cannot fully understand or engage in the decision-making process regarding sexual activities.