Sexual assault | |
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Classification and external resources | |
Konstantin Makovsky, The Bulgarian martyresses, a painting depicting the atrocities of bashibazouks in Bulgaria during the Russo-Turkish War (1877–1878) |
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ICD-9 | E960.1 |
MedlinePlus | 001955 |
eMedicine | article/806120 |
MeSH | D011902 |
Sex and the law |
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Social issues |
Age of consent · Antisexualism |
Specific offences (May vary according to jurisdiction) |
Adultery · Buggery |
Portals |
Sexuality · Criminal justice · Law |
Criminal law |
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Part of the common law series |
Element (criminal law) |
Actus reus · Mens rea Causation · Concurrence |
Scope of criminal liability |
Complicity · Corporate · Vicarious |
Inchoate offenses |
Attempt · Conspiracy · Solicitation |
Offence against the person |
Assault · Battery False imprisonment · Kidnapping Mayhem · Sexual assault |
Crimes against property |
Arson · Blackmail · Burglary Embezzlement · Extortion False pretenses · Larceny Receiving stolen property Robbery · Theft |
Crimes against justice |
Compounding · Misprision Obstruction · Perjury Malfeasance in office Perverting the course of justice |
Defenses to liability |
Defense of self Defence of property Consent · Diminished responsibility Duress · Entrapment Ignorantia juris non excusat Infancy · Insanity Intoxication defense Justification · Mistake (of law) Necessity · Loss of Control (Provocation) |
Other common law areas |
Contracts · Evidence · Property Torts · Wills, trusts and estates |
Portals |
Criminal justice · Law |
Sexual assault is an assault of a sexual nature on another person. Although sexual assaults most frequently are by a man on a woman, it may be by a man on a man, woman on a man or woman on a woman,[1] adult on a child or a child on an adult. Approximately one in six American women will be a victim of a sexual assault in their lifetime.[2] Largely because of child and prison rape, approximately ten percent of reported rape victims are male.[3]
While sexual assaults are associated with the crime of rape, it may cover assaults which would not be considered rape.[4] What constitutes a sexual assault is determined by the laws of the jurisdiction where the assault takes place, which vary considerably, and are influenced by local social and cultural attitudes.
Every year, an estimated 300,000 women are raped and 3.7 million are confronted with unwanted sexual activity. In addition, of the approximately 900,000 children who are maltreated each year, 9% are sexually abused.[5]
Depending on jurisdiction, sexual assault may include rape, forced vaginal, anal or oral penetration, forced sexual intercourse, inappropriate touching, forced kissing, Child sexual abuse, or the torture of the victim in a sexual manner.[6]
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In the United Kingdom the Sexual Offences Act 2003 defines "sexual assault" as when a person (A)
- intentionally touches another person (B),
- the touching is sexual,
- B does not consent to the touching, and
- A does not reasonably believe that B consents.
In the United States the definition of sexual assault varies widely between the individual states. The Rape, Abuse & Incest National Network defines "sexual assault" as
unwanted sexual contact that stops short of rape or attempted rape. This includes sexual touching and fondling.[7]
Perpetrators of rape may include, but are not limited to, strangers, acquaintances, neighbors, superiors, legal entities (as in the case of torture), or family members. Abbey et al. state that female victims are much more likely to be assaulted by an acquaintance (such as a friend or co-worker), a dating partner, an ex-boyfriend or an intimate partner than by a complete stranger.[8] In a study of hospital emergency room treatments for rape, Kaufman et al. state that the male victims as a group sustained more physical trauma, were more likely to have been a victim of multiple assaults from multiple assailants, and were more likely to have been held captive longer.[9]
Attempted rape is a failed attempt to force sexual intercourse with someone without their consent.
A United Nations report compiled from government sources showed that more than 250,000 cases of rape or attempted rape were recorded by police annually. The reported data covered 65 countries.[10]
Sexual assaults on children are normally viewed far more seriously than those on an adult. This is because of the innocence of the child victim, and also because of the long-term psychological impact that such assaults have on the child.
Child sexual abuse is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation.[11][12] Forms of CSA include asking or pressuring a child to engage in sexual activities (regardless of the outcome), indecent exposure of the genitals to a child, displaying pornography to a child, actual sexual contact against a child, physical contact with the child's genitals, viewing of the child's genitalia without physical contact, or using a child to produce child pornography.[11][13][14]
The effects of child sexual abuse include depression,[15] post-traumatic stress disorder,[16] anxiety,[17] propensity to re-victimization in adulthood,[18] and physical injury to the child, among other problems.[19] Sexual abuse by a family member is a form of incest, and can result in more serious and long-term psychological trauma, especially in the case of parental incest.[20]
Approximately 15% to 25% of women and 5% to 15% of men were sexually abused when they were children.[21][22][23][24][25] Most sexual abuse offenders are acquainted with their victims; approximately 30% are relatives of the child, most often brothers, fathers, mothers, sisters and uncles or cousins; around 60% are other acquaintances such as friends of the family, babysitters, or neighbors; strangers are the offenders in approximately 10% of child sexual abuse cases.[21]
Studies have shown that the psychological damage is often particularly severe when sexual assault is committed by parents against children due to the incestuous nature of the assault.[20] Incest between a child or adolescent and a related adult has been identified as the most widespread form of child sexual abuse with a huge capacity for damage to a child.[20]
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