The Undergraduate Council voted 32-22 last night to recommend that the College adopt a definition of rape far narrower than that proposed by the Date Rape Task Force earlier this year.

After more than two hours of debate, the council approved a definition of rape as any act of sexual intercourse that occurs "despite the expressed unwillingness of the victim," requiring alleged victims to communicate their lack of consent physically or verbally.

The Task Force, in its February report to the Administrative Board, included in its definition of rape any acts of sexual intercourse "without the expressed consent" of the alleged victim. Under the Task Force's definition, the initiator of the sexual act is thus responsible for obtaining explicit consent.

`Grey Area'

The council proposed to broaden the scope of punishable sexual crimes, however, by creating a new disciplinary category for "grey area" cases in which neither consent nor lack of consent is expressed.

This new category, called "sexual negligence," encompasses sexual acts in which the initiator "fails to elicit consent resulting in the physical or psychological harm of the victim."

Cases of sexual negligence would be punishable by the probation or required withdrawal of the perpetrator, but disciplinary action would be less severe than in cases of rape, according to the council's resolution.

Sexual negligence, which was termed"involuntary rape" in the original amendment,applies to cases in which there is no explicit"yes" or "no," said Maya G. Prabhu '94, whoco-sponsored the definition.

Prabhu and Effie K. Anagnostopoulos '92, thebill's backers, said the sexual negligence clauseprevents the responsibility for expressingunwillingness from falling only on the victim.

"Silence alone does not mean `yes,'" Prabhusaid.

She cited miscommunication, verbal coercion,physical intimidation and intoxication ascircumstances that might prevent a woman fromexplicitly refusing sex.

The council amended the definition of sexualnegligence to remove sexual acts involving "verbalcoercion" or "perceived physical coercion."

Prabhu said she believes a women who feelsthreatened by a sexual aggressor may find itdifficult to say "no" directly, and might giveonly nonverbal signals of refusal. In other cases,the woman may express unwillingness indirectly inan attempt to be tactful, Prabhu said.

Some members objected to the council'sendorsement of the sexual negligence clause on thegrounds that the body was overstepping its legalbounds.

Warning of "murky legal territory," somecouncil officials said that the clause merits moreextensive discussion because of its potentiallegal ramifications. Prabhu and Anagnostopoloussaid they came up with the term only a few hoursbefore last night's meeting.

Vice Chair Malcolm A. Heinicke '93, whosponsored a similar definition of rape without thesexual negligence clause, said the newly createddisciplinary category was rushed through thecouncil without proper discussion.

"Let's not make decisions on the spur of themoment," Heinicke said. "We are about to recommendto the Ad Board that they create a whole new legalstandard. Let's not pass this with everyone notreally knowing what they're voting on."

Other council members said they believe that intrying to draw up a policy on the issue of daterape, the council was stepping beyond the boundsof its jurisdiction. Treasurer Michael P. Beys '94said the council should instead simply haveoffered a list of student criticisms to the TaskForce proposal.

"The procedure and tone was nearly comical,"said Beys. "Too many people tonight thought theywere lawyers. They tried to do in two hours what[Professor of Law Alan M.] Dershowitz couldn't doin two days.