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Legal definitions
Rape and sexual assault are crimes of violence.
Legal definition of rape, attempted rape and assault with intent to rape
The legal definition of rape is 'when a man has sexual intercourse with a woman without her consent' (she did not agree to it). The penis has to enter the vagina although there does not need to be full penetration. The man does not need to ejaculate.
'Attempted rape' is when the man tries to rape a woman but does not manage to.
'Assault with intent to rape' is when a man intends to rape a woman and assaults her but his conduct does not amount to a charge of attempted rape.
Legal definition of sexual assault
Sexual assault is an assault which has a sexual element to it. The sexual element must be without consent.
Sexual assault includes a wide range of 'indecent' behaviour including:
- Forced oral or anal sex
- Penetration with an object
- Forcing the victim to masturbate the attacker
- Attacker masturbating the victim
The attacker can be male or female. The victim can be male or female.
There are various offences with which someone might be charged including:
- Indecent assault: an attack with some form of indecency
- Sodomy: penetration of man's anus by the penis without consent
- Unlawful sexual intercourse: sexual intercourse with girls under 13/
aged 13-16 - Abuse of a position of trust: sexual intercourse or activity by a person over 18 with person under 18 to whom attacker is in a position of trust, for example a carer
- Lewd, indecent and libidinous practices: indecent behaviour towards girls under 12 and boys under 14
- Incest: sexual intercourse between people related to one another (as specified by law)
These offences are not more or less serious in how they affect the victim. They are all frightening, intimidating and can be violent.
Some people may experience more than one form of sexual violence in the course of their lives. This can affect how they react to and cope with separate incidents.
Legal definition of consent
For rape and sexual assault to be proved in court, it has to be shown that the assault took place without the consent (agreement) of the victim and that the person responsible knew or 'was reckless to' the fact that there was no consent. That means they disregarded or did not find out whether the victim consented.
In many situations, a person might not struggle against an attacker through fear or shock or might be asleep or unconscious at the time. It may be possible to prove in court that the person responsible knew that the victim did not consent or 'was reckless to' this even when there was no other physical violence or force.
A man can be found guilty of raping his wife, even if they were living together at the time of the offence, if it can be proved that the intercourse took place without her consent.
'Consent' can sometimes be difficult to prove in court. By law, there must be two independent pieces of evidence to corroborate (prove) that the victim did not consent and that the attacker knew or disregarded this.
Because such crimes often take place in private, it can be difficult to get enough evidence to prove to a court that the crime took place, that the victim did not consent and that the attacker knew or disregarded this.
If you have been raped or sexually assaulted:
- You are not to blame. The person who raped or assaulted you is to blame
- You do not have to cope alone
- There are many support services which can help you. They know how difficult it is for people to come forward. They will respect you and believe you
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