HOW DO I KNOW IF I NEED TO REPORT?
Any situation in which you feel that you have been violated can be horrifying and disturbing. However, it can also sometimes can be tricky to sort out exactly what constitutes sexual assault. Most often the issue of consent is front an center in deciding what actions are classified as sexual assault. The legal definition for consent can vary by state, but usually there are 3 ways consent can be examined in a sexual assault case.
AFFIRMATIVE CONSENT
Affirmative Consent describes whether a person expressed overt actions or words indicating agreement for sexual acts. This sort of consent is paramount, and if it was not explicitly given, then an assault may have taken place.
FREELY GIVEN CONSENT
Was consent for sexual activities given freely and without threats of violence or coercion? If not, then it is likely that a sexual assault has occured.
CAPACITY TO CONSENT
This is a more complex factor and involves determining if a person actually had the ability to grant consent in a sexual situation. For example, is a physical or developmental disability present that could interfere with the granting of consent? Were intoxicating substances used? Was the victim sedated, sleeping, or otherwise unconscious? Many of these factors could result in a victim being totally unable to give consent, regardless of what was said in the moment. For example, if an individual is unconscious, they are unable to give consent.
ROLE OF CONSENT IN SEXUAL ASSAULT
Laws vary by state and situation, but overall consent can be seen as an agreement between participants to engage in sexual activity. Consent must be freely given and can be retracted at anytime. If consent was not respected during a sexual encounter, then an assault may have taken place. For more information on consent, see the RAINN database on consent and sexual assault, found by clicking the button below.
TYPES OF SEXUAL VIOLENCE
Sexual violence is a term that refers to sexual assaults, rape, and sexual abuse. While legal definitions for these crimes can vary state to state, it is important to know that sexual violence can take many different forms. Click below to learn more about the different types of sexual violence and to see if your experiences fit into one of the various categories.