What is Rape? What is Sexual Assault?

 

The exact definition of "rape," "sexual assault," "sexual abuse," and similar terms differs by state.  The wording can get confusing, since states often use different words to mean the same thing, or use the same words to describe different things.  for a precise legal definition, you need to check the law in your state.  But here are some general guidelines based on the definitions used by the U.S. Justice Department.  Please note these definitions are somewhat graphic, which is inevitable when describing crimes this violent.

 

Rape

Rape is forced sexual intercourse, including vaginal, anal, or oral penetration.  Penetration may be by a body part or an object.

 

Rape victims may be forced through threats or physical means.  In about 8 out of 10 rapes, no weapon is used other than physical force.  Anyone may be a victim of rape: women, men or children, heterosexual or homosexual.

 

Sexual Assault

Sexual assault is unwanted sexual contact that stops short of rape or attempted rape.  This includes sexual touching and fondling. (But, be aware: Some states use this term interchangeably with rape.)

 

Incest

Incest is sexual contact between persons who are so closely related that their marriage is illegal (e.g., parents and children, uncles/aunts and nieces/nephews, etc.)  This usually takes the form of an older family member sexually abusing a child or adolescent.

 

How can you figure out if what happened was rape?

 

There are three main considerations in judging whether or not a sexual act is consensual (which means that both people are old enough to consent, have the capacity to consent, and agreed to the sexual contact) or is a crime.

 

1. Are the participants old enough to consent?

         Each state sets an "age of consent," which is the minimum age someone must be to have sex.  People below this

         age are considered children and cannot legally agree to have sex.  In other words, even if the child or teenager says

         yes, that says no.

 

         In most states, the age of consent is 16 to 18.  In some states, the age of consent varies according to the age

         difference between the participants.  Generally, "I thought she was 18" is not considered a legal excuse -- it's up to     

         you to make sure your partner is old enough to legally take part.

2. Do both people have the capacity to consent?

          States also define who has the mental and legal capacity to consent.  Those with diminished capacity -- for example,

          some people with disabilities, some elderly people, and people who have been drugged or are unconscious -- may

          not have the legal ability to agree to having sex.

3. Did both participants agree to take part?

          Did someone use physical force to make you have sexual contact with him/her?  Has someone threatened you to

          make you have intercourse with them?  If so, it is rape.

 

          It doesn't matter if you think your partner means yes, or if you're already started having sex. "No" also means "Stop." 

          If you proceed despite your partner's expressed instructions to stop, you have not only violated basic codes or

          morality and decency, you may have also committed a crime under the laws of your state (check your state's law for

          specifics).

 

Check your state's laws

 

These categories and definitions vary widely by state, so it is important to check the laws in your state.  You can call your local crisis center or that National Sexual Assault Hotline at 1-800-656-HOPE to find out more about the laws in your state.

 

To determine the statute in your state, to contact your local prosecutor, district attorney or state attorney general's office.  You can also read more about the laws in your state.

 

Unless otherwise noted, all statistics or RAINN's website are based on the above definitions.

 

To see more information, go to RAINN site:

 

RAINN's Website

 

IF YOU HAVE EXPERIENCED SEXUAL VIOLENCE

• Get to a safe place as soon as you can. Get medical attention as soon as possible.

• Try to preserve all physical evidence. If possible, do not bathe, shower, douche, use the toilet, or change clothing until after a medical exam. Paper bags should be used for transporting evidence.

• Contact the police at 911.

• Contact a close friend who can be with you until you feel safe again. Counselors are also available 24 hours a day for support and accompaniment to medical and legal services including hospital exams and court hearings.

• Emergency pregnancy contraception can be effective up to 72 hours following the incident. Ask about it at the hospital or other medical facility.

• It is common to experience Rape Trauma Syndrome immediately after the incident or as much as years later. This includes sleep disturbances, flashbacks, physical ailments, panic attacks, difficulty in relationships, and eating disorders. You can talk to a counselor about any concerns you may have.

• Being forced or intimidated into having sex, even in a marriage or dating relationship, is abuse.

Self Care

There are times when the emotions and pain associated with a rape or sexual assault can be overwhelming.  These feelings can come immediately after the assault or many years later.  The following are things that you can do to help take care of yourself as you recover from the assault that you experienced.

• Make yourself a cup of tea, or a soothing warm drink.
• If it is safe to do so, go for a walk.
• Spend time talking with a trusted friend or family member.
• Take a bath.
• Spend time with a favorite pet.
• Workout, exercise helps to increase your body's production of endorphins which help you feel better.
• Read a favorite book.
• Write in a journal.
• Find a creative outlet - music, painting, writing poems, etc.
• Sign up for a self-defense course - it may help you to feel more in control.
• Eat healthy food
• Most importantly, remind yourself that it is alright for you to feel these emotions, they are normal reactions to an abnormal event.

There are also some things that victims of rape or sexual assault do to cope that are better to avoid

• Relying on alcohol or drug use.
• Disclosing personal information in chat rooms or blogs.
• Seeking out situations in which you feel unsafe.
• Taking actions that undermine your self-worth.
• Using food and unhealthy eating as a way to control your body and emotional state.
• Inflicting harm on your body.
• Blaming yourself for what happened.

 

More information on Sexual Assault and some inspirational words

Bill of Rights                                  Signs My Child May Have Been Sexually Abused

I'm Special                                     Significant Others of Sexual Assault Victims

Child Sexual Abuse

 

ESCAPE NOW