rape and sexual violence

Rape is an act of violence and domination and anger. It uses sexual acts including penetration as weapons. Rape is a subject which most people find uncomfortable. For women it conjures up all kinds of images. Some of us will think of dirty old men in plastic coats, or a monster too gross to think about. Others will have more specific ideas about rape, perhaps thinking about a certain group of men such as 'weirdos' in dark alleys.

Rape and sexual assault happen far more often than statistics indicate. You may find that the people around you do not really understand about rape - most of us are shielded from knowing what actually happens until we, or someone close to us, is affected. The rapist may have used physical violence and/or verbal intimidation. He may have done humiliating things to you. Perhaps he threatened the safety of your family. He may have been someone you know - a partner, ex partner, friend, neighbour, workmate, relative or carer.

Every woman in our society feels the fear of rape - no woman is allowed to ignore it. We are taught as children to be afraid of 'strange men' who offer us sweets, lifts, etc. Women are taught as adults to keep our doors locked, not to be alone, not to look or act in any way that might 'bring rape upon ourselves'. Perhaps the most obvious situation in which we are taught to be afraid is when we walk home alone at night. The threat of violence is a total intrusion into women's personal space and transforms a routine and/or potential pleasurable activity (for example, a walk in the park, a quiet evening at home, a long train journey) into a potentially upsetting, disturbing and often threatening experience.

Current legal definition of rape

The Sexual Offences Act 2003 (the Act) came into force on the 1st May 2004. The purpose of the Act was to strengthen and modernise the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders. The Act extends the definition of rape to include the penetration by a penis of the vagina, anus or mouth of another person. The 2003 Act also changes the law about consent and belief in consent.

The word "consent" in the context of the offence of rape is now defined in the Sexual Offences Act 2003. A person consents if he or she agrees by choice, and has the freedom and capacity to make that choice. The essence of this definition is the agreement by choice. The law does not require the victim to have resisted physically in order to prove a lack of consent. The question of whether the victim consented is a matter for the jury to decide, although the Crown Prosecution Service (CPS) considers this issue very carefully throughout the life of the case.

What is sexual (indecent) assault?

Sexual assault is an act of physical, psychological and emotional violation, in the form of a sexual act, which is inflicted on someone without consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts, apart from penetration of the mouth with the penis, the penetration of anus or vagina (however slight) with any object or the penis, which is rape.