Sexual Assault

If you have been sexually assaulted or think you have been, first, you must overcome the stigma of reporting the event. The stigma of reporting a sexual assault or rape for both women and men is not as great as it once was, and this change works in favor of the victim. The women's movement and the media have done a great deal to remove the stigma of being a victim of sexual assault.

• If sexual assault has taken place, you should report the crime for many important reasons, including the following:
  
  
  • To keep the same person from assaulting others
  
  
  
  • To provide psychological closure for you
  
  
  
  • To be certain about your own health and have an examination to rule out medical problems related to the assault


• Sexual assault is an emotionally charged crime in which passions for prevention and prosecution run at a high level. Many people involved in sexual assault work have been victims of sexual assault themselves. These people take on the role of advocates and support persons for victims of sexual assault. Special sexual assault examination centers have been set up in most cities to work with victims of sexual assault in a sensitive manner.



• Report sexual assault to law enforcement as soon as possible. Although you may have many reasons for delay (such as fear, guilt, and confusion), any delay in reporting can and will be regarded as suspect and inevitably used to imply that you are making a false allegation.



• Tell family and friends immediately, and inform law enforcement at the same time. Family and friends can be helpful during the most difficult early moments after an assault.



• Use these steps in reporting sexual assault:
  
  
  • When reporting sexual assault, document as many details as possible, as soon as possible. Accurate recall of events will fade quickly, and documentation in sufficient detail soon after an incident is thought of as more reliable evidence in the legal proceedings that will follow.
  
  
  
  • Note the location and time of any events. Describe the number and characteristics of the assailant or assailants. Write down as much detail as possible about the circumstances surrounding the assault as soon as possible after the assault. Make an effort to recall each and every aspect of what occurred during the assault and turn over this information to law enforcement. Each of these details increases the chances that the suspect will be caught and successfully prosecuted:
    
    
    • Each activity
    
    
    
    • The sequence of activities
    
    
    
    • How long each activity lasted
    
    
    
    • What was said and by whom
    
    
    
    • The number of times that resistance was offered
    
    
    
    • The type of resistance
    
    
    
    • Any unusual details
    
    
    
    • Any associated physical assault
    
    
    
    • Any pain
    
    
    
    • Types of threats that were used
    
    
    
    • Whether weapons were talked about, used, or seen during the assault
    
    
    
    • Any bodily fluids seen or felt
    
    
    
    • Any injuries that may have been inflicted on the assailant
    
    
    
  • Maintain as much evidence as possible in its intact state. Do not wipe away or throw away any secretions that can be identified. Do not wash or change clothing, bedding, furniture, or any fabric. Put these items into dry paper bags and seal them.
  
  
  
  • Resist the strong urge to clean up by washing, showering, and douching. You will be given a special sexual assault examination by trained health professionals at a hospital, and specimens that will be collected are very important in proving the guilt of the assailant. Many of these specimens contain DNA evidence that can provide conclusive proof of the identity of the assailant.

• If you have been sexually assaulted, you should be examined and treated for sexually transmitted diseases with antibiotics. See a health care provider as soon as possible and get checked again in 2 weeks to make sure that no sexually transmitted diseases have developed.



• Most women are given emergency contraception in the form of birth control pills that decrease the chance that pregnancy will result from the assault.



• You may be treated for hepatitis B infection if the assailant is likely to have had hepatitis (a series of shots over 2 months).



• You will be tested for AIDS and pregnancy (for women). AIDS testing should be repeated every 3 months for 6 months. If it has been 6 months and you have not had a positive HIV test, it is not likely that any infection occurred or will occur.



• You should get counseling, and the incident should be discussed. Sexual assault is an awful experience. The goal for all victims is to recover and put the bad event behind them.

Sexual assault is defined by law as sexualized contact (sometimes referred to as carnal knowledge) with another person without consent and by force (compulsion). Victims (both men and women) of sexual assault can be compelled or forced to participate through fear, physical force, deception, other forms of coercion, or the use of intoxicants such as alcohol and drugs. Some forms of sexual assault do not require the use of force but are still considered criminal. Sexual assault has taken place if sexual contact has happened that has not been consented to in a conscious and voluntary way.

Sexual assault can take many forms.

Forms of sexual assault with force

• Sexual assault can include any adult sexual activity.
  
  
  • Contact or penetration of the vagina with the penis (intercourse, rape)
  
  
  
  • Anal contact or penetration (sodomy)
  
  
  
  • Oral contact of the male on the genitalia of the female (cunnilingus)
  
  
  
  • Oral contact of the female on the genitalia of the male (fellatio)
  
  
  
  • Hand to genitalia contact (masturbation, fondling, or penetration)


• Contact between any body parts and the private parts of another can be construed as lewd and lascivious conduct or sexual battery (a legal term for any other ill-defined behavior that is intended to arouse sexual pleasure for the assailant). Lewd and lascivious conduct and sexual battery are very broad categories of sexual assault used by law enforcement when exactly what happened is not clear.



• Forced nudity, photography, and video of people in sexual poses against their wishes are also forms of sexual assault.

Forms of sexual assault without force: In other sexualized behaviors, including groping in crowds, secret photographing, or peeping, force or fear of harm may be absent due to the nature of the activity. These behaviors are still regarded as sexual assault. When the acts are ill defined, the lack of consent and the intent to arouse sexual gratification will be used as a test to determine if the behavior is a sexual assault.

Date rape: Date rape is a sexual assault that occurs when you already have a relationship with the person who assaulted you and you have agreed to be with that person in some form or another (such as to be on a date). A date, however, does not imply any consent for sexual contact, and a sexual assault that takes place during a date is still a sexual assault and will be treated as such by law enforcement.

Spousal rape: In spousal rape, a husband can be accused of sexual assault on his own wife. Although uncommon, a dysfunctional marital relationship can lead to both physical assault and sexual assault against a spouse. This is a form of domestic violence. These assaults are handled the same as any other sexual assault allegation by law enforcement.

Statutory rape: Statutory rape is sex with a minor. A minor is a person younger than 18 years. Quite a bit of confusion exists about this law. Some states allow intercourse with minors who are emancipated (freed of control from their parents), and other states allow minors to marry. Many minors engage in sexual intercourse with other minors and are not prosecuted. Adult engagement in sex with minors is generally not tolerated, and adults should not engage in intercourse with younger people unless the adult is sure the youth is emancipated or older than 18 years. This crime is legally known as a strict liability crime. This means that if a person has sex with a minor, no excuse is acceptable to a court, including being duped, mistaken, or ignorant of the law. If a person has sex with a minor, he or she can be charged with statutory rape, to which no defense exists. To avoid this crime, extra caution is needed when engaging in sex with someone at or near the age of 18 years.

Consent

Consent is the conscious and considered agreement to voluntarily engage in sexual activity with another. Under certain conditions, consent is considered to be denied regardless of any actions on the part of the victim. Those conditions include compulsion, fear of great harm, threats with real or alleged weapons, the use or threat of physical injury or brute force.

People who are mentally compromised or intoxicated are considered by the law incapable of giving consent, even if they appear to be consenting.

When fear or intimidation is used, it is not necessary for a victim to resist or say "no" to establish that sexual assault has taken place. Intimidation of any sort invalidates any legal defense based upon the idea that the victim consented. Nonconsent is implied in all cases of intimidation.

If you begin sexual intimacy, you must use extra care at all times to be certain that the person to whom you are making sexual advances is of sound mind and consenting to whatever acts are taking place at all times during the contact.

Nonconsent

People who are in control of their faculties should use conventional words and actions to indicate nonconsent and resistance to unwanted sexual advances.

People who are compromised (intoxicated, mentally incompetent, or in an altered state of consciousness) are considered by the law to be incapable of consenting, whether they appear to be consenting or not.

If you are starting sexual contact, you must be very careful to determine if any of these compromising conditions exist. If you have even the slightest doubt about the mental state of the proposed sexual partner, you should not start sexual activity, and you should make every effort to protect the compromised person.

Intoxication and sexual assault

Intoxication is involved in many accusations of sexual assault.

Intoxication affects memory and consciousness. Lower levels of intoxication can lead to brief loss of memory for specific events. Higher levels can lead to blackouts where people appear to be awake and participating but do not remember what happened. Extreme levels can lead to complete states of unconsciousness (passing out), where the unconscious person can be taken advantage of without any participation, and the victim has no ability to resist sexual assault at all.

As a rule, when either person is intoxicated, it is best to stop intimate behavior. If one person is more intoxicated than the other, the less intoxicated person may be held responsible for any sexual behaviors that occur. Remember that any compromise of the victim will be construed as nonconsent by law enforcement regardless of the circumstances.

Involuntary intoxication or the intentional drugging of people with alcohol or other drugs, classified as "date rape drugs" (drugs that alter mental consciousness), can lead to allegations of rape by intoxication, a much more serious form of sexual assault.

Even if one person is voluntarily intoxicated, however, complications can arise in many situations. For the recipient of sexual advances, the decrease in self-restraint and a more thoughtless and carefree attitude toward intimacy can lead to sexual intimacy that is not preplanned.

Intoxicated people may also appear to give consent by appearing to enjoy what they are doing and actively participating even though ultimately they may not remember what happened (if they are in a blackout state). When they look back on the encounter, they may feel they have been violated, although at no time did they act as if they were being violated and in fact may have been actively and enthusiastically participating. For example, a person may be consenting to the sexual activity just because he or she is intoxicated. If that person were sober, he or she might not agree to have sex. In situations like these, the intoxication level of the victim can contribute to the accusation of sexual assault.

If the initiator of sexual intimacy is also intoxicated, the situation is further complicated. First, their ability to make valid decisions about consent or nonconsent is compromised. If both people are compromised, finding out exactly what happened during the sexual encounter is more difficult. If legal action is initiated and neither person has a clear idea of what happened, guilt or innocence becomes more difficult to determine. In any case, intoxication of the alleged assailant is a very weak legal defense against allegations of abuse.

In general, it is best not to plan on engaging in any sexual activity if the use of intoxicants is planned, particularly if the relationship with that person is not well established.

Communicating consent or nonconsent

When you begin to be sexually intimate, both parties should be careful to get the consent of the other party. If you are the one to start the contact, you must be sensitive to the acceptance or nonacceptance of any sexual advances. If someone is making advances toward you, you must give clear signals of your feelings at any and all stages of the intimacy. If you change your mind during intimacy and want to stop, you should clearly state it, and the other party must stop immediately.

Resistance to sexual assault

You should attempt to resist sexual assault both verbally and physically. Clearly stating "no," "stop," or other demonstrative words that indicate that you want the intimacy to stop is an important behavior to deter inappropriate advances and clearly demonstrate your feelings. When these words are clearly said, yet ignored, these statements are helpful in proving that an assault took place.

Frequently, if you have your wits about you in these stressful situations, you can use psychological tactics, persuasive conversation, or physically attempt to extricate yourself from a dangerous situation. Physical resistance can be effective in the absence of weapons, particularly in date rape or spousal rape situations. Physical resistance can make certain sexual acts more difficult or even impossible to complete and clearly communicates nonconsent beyond any doubt.

Under other circumstances, however, resisting sexual assault can be more dangerous than the assault itself. With the use of weapons or brutal force, resistance is likely to lead to a greater number of injuries, more serious injuries, and possibly death. Some victims correctly elect to submit. This does not in any way imply consent nor change the nature of the sexual assault.

No reaction under these frightening and unfamiliar circumstances is incorrect. Resist as far as you are able, and then use survival tactics. Surviving an assault is the most important thing. Most victims will recover from any physical injuries related to a sexual assault without physical problems, and most sexually related medical problems can be managed without long-term consequences.

Intercourse between consenting minors

Intercourse between consenting minors, which is very common and widespread, is against the law. In practice, these laws are selectively enforced at the discretion of law enforcement and prosecutors. Most sexual activity between minors is not reported and is consensual. When accusations about sexual acts surface, generally related to consent versus nonconsent issues, this law is used to press charges for the act of intercourse itself in addition to any other charges that may result from other specific sexual acts.

Sexual assault of men

Men can be sexually assaulted. Sexual assaults of men can take on conventional characteristics of force and coercion and can be perpetrated by both men and women. Although the overall incidence of occurrence and reporting is considerably lower, men who have been sexually assaulted (most commonly anal intercourse by other men) should be, and generally are, treated equally under the law.

The male response to the sexual advances of women and sexual assault

Another circumstance that men should be aware of is using good judgment in how they respond to the sexual advances of women. In general, men have a lower threshold than women do to engaging in sexual activity if it is offered to them. This well-known lack of restraint by a man can be used by a woman who is acting recklessly or with bad intentions to engage with men in sex.

Women who are seeking sexual interactions may be doing so for reasons other than a genuine interest in the man. They may be intoxicated and acting rashly or they may desire sex in general. Many cases have been reported where women have had a specific intention to have sex with a particular man for the wrong reasons and with bad intentions. Women in any of these situations can engage in seductive behaviors that men find hard to resist, especially if they are intoxicated.

Afterwards, the women's specific intention, guilt, or remorse can lead to an accusation of sexual assault when no assault occurred at the time the encounter took place. If the woman characterizes this situation as a sexual assault, the man is almost always charged with sexual assault, even though the actual interaction may have been initiated and controlled by the women. Many men who would never engage in sexual assault can be drawn into situations such as these quite easily.

Men must exercise extreme caution in these situations, especially if they are intoxicated. Without exception, advances should be refused if the female is emotionally or cognitively compromised or an uncompromised woman's desires to engage in sexual activity are not clear or logical.

Postponing sexual interaction until both parties are sober, are of sound mind, and can communicate effectively about their feelings is the correct course of action. Both parties will benefit from avoiding the serious consequences of sexual assault accusations.

Fear of reporting sexual assault

Almost all people are fearful of the stigma and difficulty associated with reporting rape. This tendency must be faced and overcome. Sexual assault should always be reported and sexual assailants prosecuted and punished. Sexual predators and abusers are likely to act again, and the level of violence used is likely to increase with subsequent attacks. The law is remarkably protective of victims of sexual assault, and counseling is generally available. All of these factors should decrease the stress and fear associated with reporting. Although prosecution of sexual assault is not without problems, victims of sexual assault generally fare better psychologically if they cooperate with authorities to bring sexual assailants to justice.

Sexual harassment and sexual assault

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. The key to determining sexual harassment is that the advances are unwelcome.

Many women are subject to varying degrees of sexual harassment in the workplace, schools, and other environments where they spend their time. All ages and both sexes can be affected by sexual harassment, but younger females are more vulnerable because of inexperience and fear of adults.

Sexual harassment usually occurs in a situation where the harasser has some sort of control or ability to dominate a person. While most cases of sexual harassment do not lead to sexual assault, directly informing the harasser that the conduct is unwelcome and must stop is imperative. The victim should use any and all demonstrative behaviors, employer complaint mechanisms, or grievance systems to terminate such unwelcome advances.

Harassers, when not confronted, can feel empowered to go further and set up situations in which other sexual activity or a sexual assault can occur. The importance of taking definitive action early decreases the small but documented potential for sexual harassment to turn into sexual assault.

Remorse, guilt, anger, and regrets after consensual sexual activity

Feelings of remorse, guilt, anger, and regrets about a particular consensual sexual encounter have led to many accusations of sexual assault. People, whether conscious or unconscious with clear memory or not, can have bad feelings after consensual intercourse and feel that they have been violated.

If they have a poor recollection or no recollection of what happened, people occasionally fill that void in memory with thoughts that they may have been or must have been sexually assaulted.

Even women who are conscious and uncompromised can be unclear about their desire for sexual intimacy and may engage in sexual activity at times when they are not sure what they are doing is right. Later, they may have regrets or remorse about what they have done for any number of reasons. Dates that did not work out as expected, bad behavior by the man after intimacy, or misunderstandings about the feelings of the other party can lead to vindictive behaviors, which occasionally can include allegation of sexual assault when none occurred.

If you have regrets or second thoughts about a sexual encounter, carefully evaluate what occurred to determine if the other party had any indication that they were acting against consent. If there is no indication that consent had been withdrawn, then sexual assault did not take place.

False accusations

People invent allegations of sexual assault for reasons that should be regarded as criminal and despicable. One study showed that over a 9-year period, up to 16% of sexual assault allegations in one sexual assault examination center were shown after police investigation to be false allegations. Authorities, people accused of sexual assault, victims of sexual assault, and the perpetrators of false allegations should be aware that the possibility of a false allegation will be considered during the investigation of an assault.

In most cases of real sexual assault, ample evidence of the assault will exist. In cases of false accusations, it is equally likely that there will be clear signs that the accusation is false. Making false accusations is a crime.

Take care at all times to identify people and situations that may lead to sexual assault. The chances of being a victim can be lowered by following these practices:

• Train in self-defense.



• Use common sense in choosing the people you associate with.



• Avoid potentially dangerous situations when outside or in your house (answering the door) and when interacting with strangers anywhere.



• Avoid intimate or solo contact with people that you do not know well.



• If a person is making unwelcome sexual advances, no matter how minor, take action in the earliest stages and make every effort to disassociate from that person.



• Use self-control when drinking alcohol.



• At social events, be careful about what you consume and who has access to your drinks. 



• Avoid extreme intoxication in which you lose control, especially when you are not in a protected environment.



• Adopt an approach in dating and getting to know people that involves postponing being alone together, intimacy, and sexual interaction until you feel you have gotten to know the person very well.



• When intimacy is initiated between consenting parties, make limitations on what you want to do known, make them clear early in the encounter, and send clear messages to the other person about your feelings.



• Think about how you would react in an assault situation in advance and use that plan early and without reservation.

Rape, Abuse & Incest National Network
635-B Pennsylvania Ave, SE
Washington, DC 20003
National Sexual Assault Hotline (800) 656-HOPE (4673)

National Center for Victims of Crime
2000 M Street, NW, Suite 480
Washington, DC 20036
Get help for victims: (800) FYI-CALL (394-2255)

Family Violence & Sexual Assault Institute
6160 Cornerstone Court East
San Diego, CA 92121
(858) 623-2777 ext 416

|Web Links|

MedlinePlus, Rape 

National Women's Health Information Center, Sexual Assault

Rape, Abuse, & Incest National Network (RAINN), RAINN Statistics 

The National Center for Victims of Crime, Dating Violence Resource Center

Familydoctor.org, Rape: What to Do if You're Raped

MayoClinic, Date-rape drugs: Protect yourself

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Author: Steven C Gabaeff, MD, FAAEM, Attending Physician, Emergency Medicine, Sutter Amador Hospital, Jackson, CA; Expert Consultant, Medical Board of California, Sacramento, CA.

Editors: Jeter (Jay) Pritchard Taylor III, MD, Vice-Chief, Compliance Officer, Attending Physician Emergency Medicine Residency, Department of Emergency Medicine, Palmetto Richland Memorial Hospital, University of South Carolina; Francisco Talavera, PharmD, PhD, Senior Pharmacy Editor, ; Lee P Shulman, MD, Professor of Obstetrics and Gynecology, Head, Section of Reproductive Genetics, Feinberg School of Medicine, Northwestern University, Chicago, Illinois.