3.1: A. Types and Definitions

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Sexual assault is a terrifying and brutal crime, which many would rather not think about. However, ignoring the issue does not make it go away, and discussing it may prevent future victimization. As with other forms of victimization, it is important to stress in your discussions that sexual assault of any type is never the victim’s fault. No one asks for or deserves to be sexually assaulted.

Before sharing definitions with students, ask them to write their own definitions either individually or as a group. Then provide them with the definitions in this module and have them compare. What did they include, exclude? How difficult was it to write a definition? Discuss any issues that arise during the comparison.

Sexual assault can assume many different forms, and there are a multitude of varying definitions depending on which text or legal statute one is examining. The following is a broad useful definition used by the Grand Forks Community Violence Intervention Center and others.

Sexual assault is any sexual contact or sexual attention committed by force, threats, bribes, manipulation, pressure, tricks, or violence. It includes rape and attempted rape, child molestation, incest, and sexual harassment. Assailants can be strangers, acquaintances, friends, or family members. The devastating effects of the crime are felt directly by the victims and indirectly by those who love them. (For an expanded definition, please see Attachment I ‑ "Sexual Assault – Definition.”)

From a legal as well as a healthy relationship standpoint, a key issue is understanding clearly what “consent” is.

Ask students to think about their own intimate relationships and what did or would signal consent. Some may feel that consent is implied in various nonverbal actions and that outright discussion is not needed and would “ruin” the moment. Compare their suggestions to the healthy and often legally required aspects of consent explained below.

First, it is important to note that a person may not be able to give consent because of age, or mental or physical incapacity, which can include intoxication. Assuming consent can be given, the individuals must agree of their own free will, not because of fraud or fear. Consent should be verbal and explicit because silence or submission may occur for reasons other than consent. As explained in material available from CVIC, “Consent is based on choice. Consent is possible only when there is equal power. Giving in because of fear is not consent. Going along with something because of deception or feeling afraid to scream or struggle is not consent. If someone can't say “no" comfortably, then "yes" has no meaning (CVIC ‑ Abuse and Rape Crisis Program pamphlet).

Based on the definitions developed above, there are many forms that sexual assault can take such as:

• Gang or Multiple Rape – unwanted sexual contact by two or more persons against another
• Stranger Rape – unwanted sexual contact by someone unknown to the victim
• Acquaintance or Date Rape – unwanted sexual contact by someone known to the victim
• Sexual abuse, including incest – sexual contact by a family member or blood relative
• Marital Rape – unwanted sexual contact by a spouse
• Unwanted sexual contact of any kind
• Obscene phone calls
• Exhibition of sexual parts
• Forcing a person to pose for sexual pictures
• Forcing a person to look at pornography
• Videotaping or photographing a person without that person’s consent
• Forced prostitution

Sexual assault can also be drug induced. In 1996, Congress unanimously passed the Drug‑Induced Rape Prevention and Punishment Act, which provides severe sentences of up to 20 years for anyone convicted of possession of a controlled substance with the intent to commit a crime of violence, including sexual assault (North Dakota Prevention Resource Center).

The drugs used are odorless, tasteless and can be slipped into alcoholic drinks, soda pop or other beverages, and not simply at parties but on dates and in other environments when victims are not expecting it, and cause them to become unconscious. The drugs and their names vary, such as G.H.B. (Gammahydroxybutyrate), Liquid E, Liquid X, Grievous Bodily Harm, Roofies (Rohypnol), La Roche, R‑Z, Rib, Roll'n'Fall, and the Forget Pill. They all dissolve quickly, tastelessly, and invisibly (or with a slight green tint) in drinks. These drugs can have severe side effects including a deep coma‑like sleep, shallow breathing, decreased blood pressure and short‑term memory loss. They can also be fatal. If someone thinks they have been drugged, it is important to seek medical attention and be tested right away as traces of the drugs can appear in the blood and urine for up to 72 hours (though typically less) afterward.

If someone has been sexually assaulted it is recommended that they:

• Find a safe environment away from the attacker. Ask a trusted friend to stay with you.
• Preserve evidence of the attack. Do not straighten out the scene of the attack. Don’t bathe, douche, use the restroom, or brush your teeth. Write down all the details you can recall about the attack and the attacker.
• Call a victim advocate or counselor.
• Seek medical attention.
• Consider reporting the crime to the police.
• Remember it was not your fault and healing will take time so give yourself the time you need (RAINN).