- Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
2. Sexual Assault
- Sexual Assault is any forced, unwanted, non consensual sexual contact or activity. Physical contact of a sexual nature is a serious crime against the person. We tell children that nobody may contact you at the parts of the body covered by a swimming suit. That is s good thing to remember. Non-consented kissing is an assault and can be deemed a sexual assault as can be other activities. Some things you know but a judge must decide. What else happened? Be sure to completely describe events to law enforcement staff who attend on you.
3. Was I Raped?
- Around the world there is a great variance in the statutes and in common law in defining rape. Most laws require some form of penetration without consent before a charge is laid. That is the fundamental act of rape but the primary ingredient of the crime is lack of consent. Wherever you are, contact us if you need help. We have many doctors, lawyers and other professional volunteers some of whom may be near you.
- Even if you did not resist the sexual attack, or were intoxicated, or if you know the person who raped or sexually assaulted you, any forced, unwanted, non consensual sexual contact or activity is a sex crime (of at least sexual assault) and any form of penetration no matter how slight makes it a crime of rape. What to do if I have been raped.
- If someone has threatened, coerced, forced, intimidated, compelled you in any way to have intercourse (penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person), even if you were forced to say "yes", you were raped. What to do.
- If you were asleep, intoxicated, incapacitated by other means, if there was penetration no matter how slight of your vagina or anus with any of the rapists body parts or any object, or oral penetration by a sex organ, it is a rape crime, regardless of your incapacitation. What to do if I have been raped.
- Unwanted sexual contact is a major assault crime, even if not rape (penetration). An act that threatens the safety of the person in any manner whatsoever, anywhere, is an assault, but based on the victim-impact-consequences a sexual assault can never be considered a summary/misdemeanor/minor crime. The safety of the person from this form of crime is an inalienable human right.
4. More About Consent
In the absence of clear, positive agreement for sexual contact there is no consent. Lack of consent is the crucial component of sex crime. Sexual conduct becomes criminal when sexual touch is not consented to, either because the offender forces another person to be sexual against his or her will, or because the other person is considered incapable of consent or to have a diminished mental capacity to give consent.
Those who are deemed incapable of consent include:
- minor children under the jurisdiction's age of consent, regardless of their mental abilities to understand the nature of the act and their ability to refuse;
- a developmentally disabled person;
- someone who is mentally ill; and
- a person who is incapacitated, drugged, drunk, or unconscious or otherwise physically helpless.
Thought for today
Many cultures and religions today share the view of the medieval theologian Thomas Aquinas who argued that rape, though sinful, was much less sinful than masturbation or coitus interruptus, because it fulfilled the procreative function of sex, while the other acts violated the purpose of sex.
The RINJ Foundation seeks to eliminate all forms of violence against women and girls, including by ending impunity and by ensuring the protection of civilians, in particular women and girls, during and after armed conflicts, in accordance with the obligations States have undertaken under international humanitarian law and international human rights law.