G****a
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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, straight or gay.
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.) | G****a
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So, how can you figure if what happened was rape? There are a few questions
to consider.
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.
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, the law says no.
In most states, the age of consent is 16 or 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.
Because laws are different in every state, it is important to find out the
law in your state. You can call your local crisis center or the National
Sexual Assault Hotline at 1.800.656.HOPE to find out more about the laws in
your state.
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 have sex.
These categories and definitions vary widely by state, so it is important to
check the law in your state. You can call your local crisis center or the
National Sexual Assault Hotline at 1.800.656.HOPE to find out more about the
laws in your state.
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’ve
already started having sex — “No” also means “Stop.” If you proceed
despite your partner’s expressed instruction to stop, you have not only
violated basic codes of morality and decency, you may have also committed a
crime under the laws of your state (check your state’s laws for specifics). | G****a
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Common Questions
I didn’t resist physically – does that mean it isn’t rape?
People respond to an assault in different ways. Just because you didn’t
resist physically doesn’t mean it wasn’t rape — in fact, many victims
make the good judgment that physical resistance would cause the attacker to
become more violent. Lack of consent can be express (saying “no”) or it
can be implied from the circumstances (for example, if you were under the
statutory age of consent, or if you had a mental defect, or if you were
afraid to object because the perpetrator threatened you with serious
physical injury).
I used to date the person who assaulted me – does that mean it isn’t rape?
Rape can occur when the offender and the victim have a pre-existing
relationship (sometimes called “date rape” or “acquaintance rape”), or
even when the offender is the victim’s spouse. It does not matter whether
the other person is an ex-boyfriend or a complete stranger, and it doesn’t
matter if you’ve had sex in the past. If it is nonconsensual this time, it
is rape. (But be aware that a few states still have limitations on when
spousal rape is a crime.)
I don’t remember the assault – does that mean it isn’t rape?
Just because you don’t remember being assaulted doesn’t necessarily mean
it didn’t happen and that it wasn’t rape. Memory loss can result from the
ingestion of GHB and other “rape drugs” and from excessive alcohol
consumption. That said, without clear memories or physical evidence, it may
not be possible to pursue prosecution (talk to your local crisis center or
local police for guidance).
I was asleep or unconscious when it happened – does that mean it isn’t
rape?
Rape can happen when the victim was unconscious or asleep. If you were
asleep or unconscious, then you didn’t give consent. And if you didn’t
give consent, then it is rape.
I was drunk or they were drunk - does that mean it isn't rape?
Alcohol and drugs are not an excuse – or an alibi. The key question is
still: did you consent or not? Regardless of whether you were drunk or sober
, if the sex is nonconsensual, it is rape. However, because each state has
different definitions of “nonconsensual”, please contact your local center
or local police if you have questions about this. (If you were so drunk or
drugged that you passed out and were unable to consent, it was rape. Both
people must be conscious and willing participants.)
I thought “no,” but didn’t say it. Is it still rape?
It depends on the circumstances. If you didn’t say no because you were
legitimately scared for your life or safety, then it may be rape. Sometimes
it isn’t safe to resist, physically or verbally — for example, when
someone has a knife or gun to your head, or threatens you or your family if
you say anything.
If you’ve been raped or sexually assaulted, or even if you aren’t sure,
contact the National Sexual Assault Online Hotline or the National Sexual
Assault Hotline (1-800-656-HOPE) for free, confidential help, day or night. | P******d
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