Sexual Assault: Understanding What Does Not Constitute It

which of the following does not constitute sexual assault

Sexual assault is an act of sexual abuse that can take many forms, including rape, incest, groping, and child molestation. It is defined as any sexual contact or behaviour that occurs without the explicit consent of the recipient. While the definition of conduct that constitutes a crime, including sexual assault, may vary by state, it is important to remember that sexual assault is never the victim's fault. Survivors of sexual assault often blame themselves, but it is crucial to seek help and understand that the real healing comes from recognizing that one is not responsible for the actions of the perpetrator.

Characteristics Values
Definition Sexual contact or behavior that occurs without explicit consent
Forms Rape, forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, attempted rape, groping, drug-facilitated sexual assault, torture of the person in a sexual manner, acquaintance rape, stranger rape, blitz sexual assault, home invasion sexual assault, etc.
Victim-perpetrator relationship The majority of perpetrators are someone known to the victim. Approximately eight out of 10 sexual assaults are committed by someone known to the victim, such as in the case of intimate partner sexual violence or acquaintance rape.
Consent Consent is not given by a current or previous dating or social or sexual relationship by itself, or the manner of dress of the person involved with the accused in the sexual conduct at issue.
Injuries The vast majority of sexual assaults do not leave visible injuries on the victim.
Effects Sexual assault increases an individual's risk of developing psychopathology, including suicidality, trauma-related disorders, bipolar disorder, obsessive-compulsive disorder, anxiety disorder, major depressive disorder, eating disorders, and addiction.
Prevention Prevention is more likely to be achieved when prosecution and punishment are combined with interventions that interfere with an offender's ability to complete a criminal act.

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Rape

It is important to remember that rape and sexual assault are not the fault of the victim. Survivors of rape often blame themselves for behaving in a way that encouraged the perpetrator, but this is not the case. Rape is a traumatic experience that can affect individuals physically and emotionally. Seeking medical help as soon as possible is crucial to check for injuries, sexually transmitted infections, or pregnancy.

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Incest

Sexual assault is defined as sexual contact or behaviour that occurs without the explicit consent of the victim. Rape is a form of sexual assault, but not all sexual assault is rape. Force in this context does not always refer to physical pressure; perpetrators may use emotional coercion, psychological force, or manipulation to coerce a victim into non-consensual sex.

In cases of incest, the victim may care about the abuser and be afraid of what will happen to them if they tell. They may also be concerned about other family members' reactions, fearing they won’t be believed or will be accused of doing something wrong. They may have already tried to tell someone what happened, but the abuse was ignored or minimized. They may be told by the perpetrator that what is happening is normal or happens in every family, and they may not realize that it is a form of abuse. They may not know that help is available, or they may not know who to trust.

If someone discloses that they have been abused, it is important to take their words seriously. Let them know you believe them, and thank them for coming to you. If you suspect a child is being harmed, talk to the child directly and report the abuse to Child Protective Services. If an at-risk adult is experiencing abuse, contact the Department of Human Services or the police.

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Child sexual abuse

There are two main types of child sexual abuse: touching and non-touching. Touching includes touching a child's genitals, making a child touch someone else's genitals, playing sexual games, and/or putting objects or body parts inside the vulva or vagina, in the mouth, or in the anus of a child for sexual pleasure. Non-touching abuse includes showing pornography to a child, exposing a person's genitals to a child, prostituting or trafficking a child, photographing a child in sexual poses, encouraging a child to watch or hear sexual acts either in person or on a video, and/or watching a child undress or use the bathroom.

If you suspect child abuse, it is important to report it to the appropriate authorities. In the United States, child protective services substantiate, or find evidence for, a claim of child sexual abuse every nine minutes. Additionally, over 65,000 children are abused in the country each year. If you or someone you know has experienced child sexual abuse, support is available through organizations such as RAINN's National Sexual Assault Hotline, which has been supporting survivors and their loved ones since 1994.

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Groping

In many states, unwanted touching is not just boorish but illegal. Gropers may be prosecuted for battery, although there is no guarantee. In some cases, the regular battery law might apply because an ordinary person would almost certainly find the touching offensive. For example, in 2021, a doctor in Pennsylvania was charged with indecent assault for touching a male patient's penis during a medical examination. The doctor, 56-year-old William Vollmar, was sentenced to 9 to 20 years in a state prison.

In the workplace, employers have a responsibility to act against groping. While gropers cannot be held individually liable for workplace discrimination, employers can be. They have an incentive to penalize harassers, especially in the current climate of collective outrage about the widespread ignoring and implicit condoning of sexual misconduct. However, employers have almost unfettered discretion to decide whether and what punishment might be appropriate.

In public places, some countries have designated women-only spaces to combat groping, street harassment, and Eve teasing of women. For example, some railway companies in Japan have introduced women-only passenger cars during rush hours to reduce sexual harassment on crowded trains.

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Sexual harassment

  • Requests for sexual favours
  • Verbal harassment of a sexual nature, such as jokes about sexual orientation or sexual acts
  • Unwanted touching or physical contact
  • Unwelcome sexual advances
  • Discussing sexual topics in inappropriate places
  • Feeling pressured to engage with someone sexually
  • Exposing oneself or performing sexual acts
  • Sending unwanted sexually explicit photos, emails, or text messages
  • Comments or jokes about sex or private body parts
  • Use of sex-related name-calling
  • Sending letters, notes, emails, texts, IMs, or online posts that talk about sex or private body parts
  • Teasing anyone about their sexuality and sexual development
  • Harassing anyone for not fitting one's idea of social sex norms
  • Sharing pictures or videos of private body parts, sexual activity, or sexually suggestive acts
  • Touching one's own or anyone else's private body parts in a sexual way
  • Intentionally exposing private body parts
  • Pulling at someone's clothing or grabbing them to see or touch their body
  • Blocking someone's path so they cannot get away from the harassment
  • Unwanted flirtations or expressions of sexual or romantic interest when the interest is not mutual

If you are being sexually harassed, you can report it to the authorities at your job, school, or local law enforcement. It is important to know that you are not alone, and there are resources available to help you.

Frequently asked questions

No, the majority of sexual assaults do not leave visible injuries on the victim.

Sexual assault is an act of sexual abuse in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will.

Sexual assault can take many different forms, including rape, attempted rape, child molestation, incest, fondling, groping, and drug-facilitated sexual assault. It can also include verbal harassment of a sexual nature, such as jokes referring to sexual acts or sexual orientation, and non-verbal actions such as obscene or sexually explicit media.

If you have experienced sexual assault, you can call the National Sexual Assault Hotline at 800.656.HOPE (4673) or chat online at online.rainn.org. It is important to remember that sexual assault is never the victim's fault and that you are not alone in seeking support.

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