Sexual assault

Sexual assault
Classification and external resources
ICD-9	E960.1
MedlinePlus	001955
eMedicine	article/806120
MeSH	D011902

Sexual assault is any involuntary sexual act in which a person is coerced or physically forced to engage against their will, or any non-consensual sexual touching of a person. Sexual assault is a form of sexual violence, and it includes rape (such as forced vaginal, anal or oral penetration or drug facilitated sexual assault), groping, forced kissing, child sexual abuse, or the torture of the person in a sexual manner.^[1][2][3]

In legal terms, sexual assault is a statutory offense in various jurisdictions, including the United States, Canada, England and Wales, Ireland, and Scotland. The legal definition of the crime of sexual assault is determined by each jurisdiction. Specific legal jurisdictions and research often use highly technical or detailed definitions of the term. In some places, such as New South Wales, the crime of sexual assault has replaced the traditional crime of rape, and is being defined as non-consensual penetrative sex.^[4] By contrast, in other jurisdictions, the crime deals with non-penetrative sexual contact.

Definition

In the United States, the definition of sexual assault varies widely between the individual states. This is because there is no federal sexual assault laws in the United States due to the supreme court ruling of United States v. Morrison which ruled parts of the Violence Against Women Act unconstitutional. 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."^[5]

The National Center for Victims of Crime states:^[6]

“

Sexual assault takes many forms including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats. Usually a sexual assault occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent.

”

Types

Child sexual abuse

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.^[7][8] 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.^[7][9][10]

The effects of child sexual abuse include depression,^[11] post-traumatic stress disorder,^[12] anxiety,^[13] propensity to re-victimization in adulthood,^[14] and physical injury to the child, among other problems.^[15] Sexual abuse by a family member is a form of incest, is more common than other forms of sexual assault on a child, and can result in more serious and long-term psychological trauma, especially in the case of parental incest.^[16]

Approximately 15% to 25% of women and 5% to 15% of men were sexually abused when they were children.^{[17][18][19][20][21]} 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.^[17]

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.^[16] 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.^[16] Often, sexual assault on a child is not reported by the child for several reasons:

• children are too young to recognize their victimization or put it into words
• they were threatened or bribed by the abuser
• they feel confused by fearing the abuser but liking the attention
• they are afraid no one will believe them
• they blame themselves or believe the abuse is a punishment
• they feel guilty for consequences to the perpetrator^[22]

Domestic violence

Domestic violence is a crime of power and intimidation. It relates highly to sexual assault. Not only can the abuse be emotional, physical, psychological, and financial, but it can be sexual. Some of the signs of sexual abuse are very similar to those of domestic violence.^[23]

Elderly sexual assault

Elderly sexual assault is victimization of persons over the age of 60, most of whom suffer from decreased functionality, frailty, and weakness and therefore are reliant on caretakers. Only 30% of people age 65 or older who are victimized report it to the police. The most common assailants are caretakers, adult children, spouses and fellow facility residents. Signs that an elder is being assaulted include increased vaginal tearing, bleeding, bruising, infection, pelvic injury, soft tissue or bone injury. Also, an altered mood might be an indication of sexual assault. These symptoms include extreme agitation, post-traumatic stress disorder, withdrawal, panic attacks, STDs, exacerbation of existing illness, sleep disturbances, longer recovery times.^[22]

Groping

The term groping is used to define the touching or fondling of another person in a sexual way (including through clothing), using the hands, without that other person's consent.

Rape

Outside of law, the term rape ("an assault by a person involving sexual intercourse with another person without that person's consent") is often used interchangeably with sexual assault,^[24][25] a closely related (but in most jurisdictions technically distinct) form of assault typically including rape and other forms of non-consensual sexual activity.^[5][26]

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 a husband or other intimate partner than by a complete stranger.^[27] 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.^[28]

In the U.K., attempted rape under the Criminal Attempts Act 1981 is a 'sexual offence' within section 31(1) of the Criminal Justice Act 1991.^[29]

Sexual harassment

Sexual harassment is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors.^[30] In the United States, sexual harassment is a form of discrimination which violates Title VII of the Civil Rights Act of 1964. The legal and social definition of what constitutes sexual harassment differ widely by culture. Sexual harassment includes a wide range of behaviors from seemingly mild transgressions to serious forms of abuse, and some forms of sexual harassment overlap with sexual assault.^[31] Sexual harassment may include leering, pressure for dates, pressing or rubbing against a person, obscene phone calls, bra snapping, wolf-whistles, lip-smacking, indecent exposure, sexual discrimination, displaying explicit materials, sexist jokes, unwanted grabbing, comments about person's body, soliciting sexual services.^[22]

Emotional effects

Aside from physical traumas, rape and other sexual assault often result in long-term emotional effects, particularly in child victims. These can include: denial, helplessness, dislike of sex, anger, self-blame, anxiety, shame, nightmares, fear, depression, flashbacks, guilt, rationalization, mood-swings, numbness, promiscuity, loneliness, social anxiety, difficulty trusting oneself or others, difficulty concentrating. Being the victim of sexual assault may lead to the development of posttraumatic stress disorder, addiction, major depressive disorder or other psychopathologies. Family and friends experience emotional scarring including a strong desire for revenge, a desire to "fix' the problem and/or move on, and a rationalization that "it wasn't that bad".^[22]

Physical effects

While sexual assault, including rape, can result in physical trauma, many people who experience sexual assault will not suffer any physical injury.^[32] Rape myths suggest that the stereotypical victim of sexual violence is a bruised and battered young woman. The central issue in many cases of rape or other sexual assault is whether or not both parties consented to the sexual activity or whether or not both parties had the capacity to do so. Thus, physical force resulting in visible physical injury is not always seen. This stereotype can be damaging because people who have experienced sexual assault but have no physical trauma may be less inclined to report to the authorities or to seek health care.^[33]

Economic effects

Due to rape or sexual assault, or the threat of, there are many resulting impacts on income and commerce. In his dissenting opinion of the U.S. Supreme Court case U.S. v. Morrison, Justice Souter explained that 75% of women never go to the movies alone at night and nearly 50% will not ride public transportation out of fear of rape or sexual assault. It also stated that less than 1% of victims collect damages and 50% of women lose their jobs or quit after the trauma. The court ruled in U.S. v. Morrison that Congress did not have the authority to enact part of the Violence Against Women Act because it did not have a direct impact on commerce. The Commerce Clause of Article I Section VII of the U.S. Constitution gives authority and jurisdiction to the Federal government in matters of interstate commerce. As a result, the victim was unable to sue her attacker in Federal Court.

Prevention

Sexual harassment and assault may be prevented by secondary school,^[34] college,^[35][36] workplace^[37] and public education programs. At least one program for fraternity men produced "sustained behavioral change."^[35][38]

Several research based rape prevention programs have been tested and verified through scientific studies. The rape prevention programs that have the strongest empirical data in the research literature include the following:

The Men's and Women's Programs, also known as the One in Four programs, were written by John Foubert.^[39] and is focused on increasing empathy toward rape survivors and motivating people to intervene as bystanders in sexual assault situations. Published data shows that high risk persons who saw The Men’s and Woman's Program committed 40% fewer acts of sexually coercive behavior than those who didn’t. They also committed acts of sexual coercion that were 8 times less severe than a control group.^[40] Further research also shows that people who saw The Men’s and Women's Program reported more efficacy in intervening and greater willingness to help as a bystander after seeing the program.^[41] Several additional studies are available documenting its efficacy.^[35][42][43]

Bringing in the Bystander. Bringing in the Bystander was written by Victoria Banyard. Its focus is on who bystanders are, when they have helped, and how to intervene as a bystander in risky situations. The program includes a brief empathy induction component and a pledge to intervene in the future. Several studies show strong evidence of favorable outcomes including increased bystander efficacy, increased willingness to intervene as a bystander, and decreased rape myth acceptance.^[44][45][46]

MVP: Mentors in Violence Prevention. The MVP program was written by Jackson Katz. This program focuses on discussing a male bystander who didn’t intervene when woman was in danger. An emphasis is placed on encouraging men to be active bystanders rather than standing by when they notice abuse. The bulk of the presentation is on processing hypothetical scenarios. Outcomes reported in research literature include lower levels of sexism and increased belief that participants could prevent violence against women.^[47]

Green Dot. The Green Dot program was written by Dorothy Edwards. This program includes both motivational speeches and peer education focused on bystander intervention. Outcomes show that program participation is associated with reductions in rape myth acceptance and increased bystander intervention.^[48]

The city of Calgary, CA initiated a public education campaign aimed at potential perpetrators. Posters in bar bathrooms and public transit centers reminded men that "It's not sex when she's wasted" and "It's not sex when he changes his mind." The campaign was so effective that it spread to other cities. "The number of reported sexual assaults fell by 10 per cent last year in Vancouver, after the ads were featured around the city. It was the first time in several years that there was a drop in sexual assault activity."^[49]

President Barack Obama and Vice President Joe Biden introduced in September 2014 a nationwide campaign against sexual assault entitled "It's on us." The campaign includes tips against sexual assault, as well as broad scale of private and public pledges to change to provoke a cultural shift, with a focus on student activism, to achieve awareness and prevention nationwide. UC Berkeley, NCAA and Viacom have publicly announced their partnership.^[50]

Prevalence

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.^[51]

United States

The U.S. Department of Justice's National Crime Victimization Survey states that on average there are 237,868 victims (age 12 or older) of sexual assault and rape each year. By these calculations an American is sexually assaulted every two minutes.^[52]

The victims of sexual assault:

Age

• 15% are under the age of 12
• 29% are age 12-17
• 44% are under age 18
• 80% are under age 30
• 12-34 are the highest risk years
• Girls ages 16–19 are 4 times more likely than the general population to be victims of rape, attempted rape, or sexual assault.^[53]

By Gender In 2003

• 90% of rape victims are women, the other 10% being men.
• 17.6% of women have been victims of attempted (2.8%) or completed (14.8%) rape.
• 3% of men have been victims of attempted or completed rape.
• 17.7 million women have been victims of attempted or completed rape
• 2.78 million men have been victims of sexual assault or rape ^[54]

Effects

• 3 times more likely to suffer from depression.
• 6 times more likely to suffer from post-traumatic stress disorder.
• 13 times more likely to abuse alcohol.
• 26 times more likely to abuse drugs.
• 4 times more likely to contemplate suicide.^[55]

The reporting of sexual assault:

• on average 60% of sexual assaults go unreported
• only 3% of rapists serve time in prison ^[56]

The assailants: According to the U.S. Department of Justice 1997 Sex Offenses and Offenders Study

• A rapists age on average is 31 years old
• 52% of offenders are white
• 22% of rapists imprisoned report that they are married
• Juveniles accounted for 16% of forcible rape arrestees in 1995 and 17% of those arrested for other sex offenses

In 2001,

• 11% of rapes involved the use of a weapon
  • 3% used a gun,
  • 6% used a knife, and
  • 2% used another form of weapon
• 84% of victims reported the use of physical force only^[57]

According to the U.S. Department of Justice 2005 National Crime Victimization Study

• About 2/3 of rapes were committed by someone known to the victim
• 73% of sexual assaults were perpetrated by a non-stranger
• 38% of rapists are a friend or acquaintance
• 28% are an intimate
• 7% are a relative ^[58]

In the United States, several studies since 1987 have indicated that one in four college women have experienced rape or attempted rape at some point in their lifetime. These studies are based on anonymous surveys of college women, not reports to the police, and the results are disputed.^[59]

A 2006 report from the U.S. Department of Justice titled "The Sexual Victimization of College Women" reports that 3.1% of undergraduates survived rape or attempted rape during a 6-7 month academic year with an additional 10.1% surviving rape prior to college and an additional 10.9% surviving attempted rape prior to college. With no overlap between these groups, these percentages add to 24.1%, or "One in Four".^[60]

Koss, Gidycz & Wisniewski published a study in 1987 where they interviewed approximately 6,000 college students on 32 college campuses nationwide. They asked several questions covering a wide range of behaviors. From this study 15% of college women answered "yes" to questions about whether they experienced something that met the definition of rape. An additional 12% of women answered "yes" to questions about whether they experienced something that met the definition of attempted rape, thus the statistic One in Four.^[61]

A point of contention lies in the leading nature of the questions in the study conducted by Koss, Gidycz & Wisniewski. Koss herself later admitted that the question that had garnered the largest "rape" result was flawed and ultimately rendered the study invalid. Most prominently the problem was that many respondents who had answered yes to several questions had their responses treated as having been raped. The issue being that these same respondents did not feel they had been victimized and never sought redress for grievances. The resultant change shows a prevalence of only 1 in 22 college women having been raped or attempted to be raped during their time at college.^[59]

In 1995, the CDC replicated part of this study, however they examined rape only, and did not look at attempted rape. They used a two-stage cluster sample design to produce a nationally representative sample of undergraduate college students aged greater than or equal to 18 years. The first-stage sampling frame contained 2,919 primary sampling units (PSUs), consisting of 2- and 4-year colleges and universities. The second sampling stage consisted of a random sample drawn from the primary sample unit frame enrolled in the 136 participating colleges and universities to increase the sample size to 4,609 undergraduate college students aged greater than or equal to 18 years old with a representative sample demographic matching the national demographic. Differential sampling rates of the PSU were used to ensure sufficient numbers of male and female, black and Hispanic students in the total sample population. After differential sample weighting, female students represented 55.5% of the sample; white students represented 72.8% of the sample, black students 10.3%, Hispanic students 7.1%, and 9.9% were other. ^[62] It was determined that nationwide, 13.1% of college students reported that they had been forced to have sexual intercourse against their will during their lifetime. Female students were significantly more likely than male students to report they had ever been forced to have sexual intercourse; 20% of approximately 2500 females (55% of 4,609 samples) and 3.9% of males experienced rape thus far in the course of their lifetime.^[63]

Other studies concerning the annual incidence of rape, some studies conclude an occurrence of 5%. For example, Mohler-Kuo, Dowdall, Koss & Weschler (2004)^[64] found in a study of approximately 25,000 college women nationwide that 4.7% experienced rape or attempted rape during a single academic year. This study did not measure lifetime incidence of rape or attempted rape. Similarly, Kilpatrick, Resnick, Ruggiero, Conoscenti, & McCauley (2007) found in a study of 2,000 college women nationwide that 5.2% experienced rape every year.^[65]

Other research has found that about 80,000 American children are sexually abused each year.^[66] It has been estimated that one in six American women has been or will be sexually assaulted during her life.^[67] Largely because of child and prison rape, approximately ten percent of reported rape victims are male.^[68]

By jurisdiction

Canada

Sexual assault is defined as sexual contact with another person without that other person's consent. Consent is defined in section 273.1(1) as "the voluntary agreement of the complainant to engage in the sexual activity in question".

Section 265 of the Criminal Code of Canada defines the offences of assault and sexual assault.

Section 271 criminalizes "Sexual assault", section 272 criminalizes "Sexual assault with a weapon, threats to a third party or causing bodily harm" and section 273 criminalizes "Aggravated sexual assault".

Consent

The absence of consent defines the crime of sexual assault. Section 273.1 (1) defines consent, section 273.1 (2) outlines certain circumstances where "no consent" is obtained, while section 273.1 (3) states that subsection (2) does not limit the circumstances where "no consent" is obtained (i.e. subsection (2) describes some circumstances which deem the act to be non-consensual, but other circumstances, not described in this section, can also deem the act as having been committed without consent). "No consent" to sexual assault is also subject to Section 265 (3), which also outlines several situations where the act is deemed non-consensual. In 2011, the Supreme Court of Canada in R. v. J.A. interpreted the provisions below to find that a person must have an active mind during the sexual activity in order to consent, and that they cannot give consent in advance.^[69][70]

• Meaning of “consent”

273.1 (1) Subject to subsection (2) and subsection 265(3), “consent” means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

Where no consent obtained

(2) No consent is obtained, for the purposes of sections 271, 272 and 273, where (a) the agreement is expressed by the words or conduct of a person other than the complainant; (b) the complainant is incapable of consenting to the activity; (c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority; (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

Subsection (2) not limiting

(3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.

• Section 265(3)

Consent

(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of (a) the application of force to the complainant or to a person other than the complainant; (b) threats or fear of the application of force to the complainant or to a person other than the complainant; (c) fraud; or (d) the exercise of authority.

In accordance with 265 (4) an accused may use the defence that he believed that the complainant consented, but such a defence may be used only when "a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief"; furthermore according to section 273.2(b) the accused must show that he took reasonable steps in order to ascertain the complainant's consent, also 273.2(a) states that if the accused's belief steams from self-induced intoxication, or recklessness or wilful blindness than such belief is not a defence.^[69]

• 265 (4)

Accused’s belief as to consent

(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

• Where belief in consent not a defence

273.2 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where (a) the accused’s belief arose from the accused’s

(i) self-induced intoxication, or

(ii) recklessness or wilful blindness; or (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting.

Republic of Ireland

As in many other jurisdictions, the term sexual assault is generally used to describe non-penetrative sexual offences. Section 2 of the Criminal Law (Rape) Act of 1981 states that a man has committed rape if he has sexual intercourse with a woman who at the time of the intercourse does not consent to it, and at that time he knows that she does not consent to the intercourse or he is reckless as to whether she does or does not consent to it. Under Section 4 of the Criminal Law (Rape Amendment) Act of 1990, rape means a sexual assault that includes penetration (however slight) of the anus or mouth by the penis or penetration (however slight) of the vagina by any object held or manipulated by another person. The maximum penalty for rape in Ireland is imprisonment for life.^[71]

South Africa

The Criminal Law (Sexual Offences and Related Matters) Amendment Act created the offence of sexual assault, replacing a common-law offence of indecent assault. "Sexual assault" is defined as the unlawful and intentional sexual violation of another person without their consent. The Act's definition of "sexual violation" incorporates a number of sexual acts, including any genital contact that does not amount to penetration as well as any contact with the mouth designed to cause sexual arousal. Non-consensual acts that involve actual penetration are rape rather than sexual assault.

Unlawfully and intentionally inspiring the belief in another person that they will be sexually violated also amounts to sexual assault. The Act also created the offences of "compelled sexual assault", when a person forces a second person to commit an act of sexual violation with a third person; and "compelled self-sexual assault", when a person forces another person to masturbate or commit various other sexual acts on himself or herself.^[72]

United Kingdom

England and Wales

Sexual assault is a statutory offence in England and Wales. It is created by section 3 of the Sexual Offences Act 2003 which defines "sexual assault" as when a person (A)

1. intentionally touches another person (B),
2. the touching is sexual,
3. B does not consent to the touching, and
4. A does not reasonably believe that B consents.

Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

Sections 75 and 76 apply to an offence under this section.

A person guilty of an offence under this section is liable—

1. on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
2. on conviction on indictment, to imprisonment for a term not exceeding 10 years.^[73]

Consent

Section 74 of the Sexual Offenses Act explains that "a person consents if he agrees by choice and has the freedom and capacity to make that choice."

Section 75 clarifies what consent means

75 Evidential presumptions about consent

(1)If in proceedings for an offence to which this section applies it is proved— (a)that the defendant did the relevant act, (b)that any of the circumstances specified in subsection (2) existed, and (c)that the defendant knew that those circumstances existed,the complainant is to be taken not to have consented to the relevant act unless sufficient evidence is adduced to raise an issue as to whether he consented, and the defendant is to be taken not to have reasonably believed that the complainant consented unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(2)The circumstances are that— (a)any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him; (b)any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person; (c)the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act; (d)the complainant was asleep or otherwise unconscious at the time of the relevant act; (e)because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented; (f)any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.

(3)In subsection (2)(a) and (b), the reference to the time immediately before the relevant act began is, in the case of an act which is one of a continuous series of sexual activities, a reference to the time immediately before the first sexual activity began.

Northern Ireland

Sexual assault is a statutory offence. It is created by article 7 of the Sexual Offences (Northern Ireland) Order 2008. Sexual assault is defined as follows:^[74]

Sexual assault

(1) A person (A) commits an offence if—

(a) he intentionally touches another person (B),

(b) the touching is sexual,

(c) B does not consent to the touching, and

(d) A does not reasonably believe that B consents.

Scotland

Sexual assault is a statutory offence. It is created by section 3 of the Sexual Offences (Scotland) Act 2009. Sexual assault is defined as follows:^[75]

Sexual assault

(1) If a person (“A”)—

(a) without another person (“B”) consenting, and

(b) without any reasonable belief that B consents,

does any of the things mentioned in subsection (2), then A commits an offence, to be known as the offence of sexual assault.

(2) Those things are, that A—

(a) penetrates sexually, by any means and to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B,

(b) intentionally or recklessly touches B sexually,

(c) engages in any other form of sexual activity in which A, intentionally or recklessly, has physical contact (whether bodily contact or contact by means of an implement and whether or not through clothing) with B,

(d) intentionally or recklessly ejaculates semen onto B,

(e) intentionally or recklessly emits urine or saliva onto B sexually.

United States

Currently in the United States there are no federal laws relating to sexual assault. This is due to the court ruling of US v. Morrison which overturned the clauses in the Violence Against Women Act which allowed women to sue their attackers in a Federal court. The Supreme Court justified overturning these articles in the VAWA by saying that allowing women to sue in Federal court whether there was a conviction or not was an over reach on the part of the Federal government and the commerce clause. By doing this the Supreme Court limited the commerce clause in order to overturn the articles, which was one of the first time that the commerce clause had been limited since its creation.

Texas

Penal Code, Sec. 22.011.(a) creates the offence of sexual assault. It reads:

(a) A person commits an offense if the person:

(1) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.^[76]

See also

• List of anti-sexual assault organizations in the United States
• National Society for the Prevention of Cruelty to Children
• R v Collins
• Raelyn Campbell
• Sexual assault in the U.S. military
• Sexual violence
• Statutory rape

References

Further reading

• Wishart, Guy (2003). "The sexual abuse of people with learning difficulties: Do we need a social model approach to vulnerability?". The Journal of Adult Protection 5 (3): 14. doi:10.1108/14668203200300021. 

External links

Sexual Abuse and Assault at DMOZ

Links to related articles Outline of human sexuality Physiological events Erection Insemination Orgasm Female and male ejaculation Pregnancy Sexual arousal Health and education Birth control Condom Reproductive medicine Andrology Gynaecology Urology Safe sex Sex education Sex therapy Sexology Sexual dysfunction Erectile dysfunction Hypersexuality Hyposexuality Sexual fetish Sexual medicine Sexual surrogate Sexually transmitted infection Identity Gender identity Sexual identity Sexual orientation Law Age of consent Criminal transmission of HIV Incest Indecent exposure Obscenity Sexual assault Sexual harassment Sexual misconduct Sexual violence History Counterculture of the 1960s Feminist sex wars History of erotic depictions Sexual revolution Relationships and society Anarchism and love/sex Extramarital sex Family planning Marriage Paraphilia Polyamory Premarital sex Promiscuity Romance Sexual abstinence Sexual addiction Sexual attraction Sexual capital Sexual ethics Sexual objectification Sexual slang By country Ancient Rome China India Japan Philippines South Korea United States Sexual activities Anal sex Bareback BDSM Child sex Child-on-child sexual abuse Child sexual abuse Coprophilia Creampie Gang bang Emetophilia Fingering Fisting Group sex Masturbation Mechanics of sex Non-penetrative sex Facial Foot fetishism Footjob Frot Handjob Mammary intercourse Sumata Oral sex Anilingus Cunnilingus Fellatio Irrumatio Orgasm control Paraphilia Pompoir Quickie Sex positions Sexual abuse Rape Sexual violence Sexual fantasy Sexual fetishism Sexual intercourse Foreplay Sexual penetration Sexual sublimation Stimulation of nipples Tribadism Urolagnia Virtual sex Cybersex Dirty talk Wet T-shirt contest Zoophilia Sex industry Adult video games Erotica Pornography Film actor Prostitution Survival sex Sex museum Sex shop Sex tourism Child Female Sex toy doll Strip club Religion and sexuality Christian demonology Daoism Islam Mormonism Sex magic Portal Sexual abuse Forms Bride kidnapping Child Child-on-child Commercial sexual exploitation Pornography Prostitution Sex tourism Forced prostitution Genital modification and mutilation Rape Campus Date Marital Prison Statutory Raptio Sexual assault Sexual bullying Sexual harassment Sexual misconduct Sexual slavery Sexual violence War Sociological theories Aggression Causes of sexual violence Effects and aftermath of rape Misandry Misogyny Pedophilia Rape culture Rape trauma syndrome Sociobiological theories of rape Victim blaming Laws Laws regarding child sexual abuse Laws regarding rape Sexually violent predator laws Related topics Child sexual abuse accommodation syndrome False allegation of child sexual abuse Portals: Criminal justice Law English criminal law Classes of crimes Common law Indictable Either way Summary Regulatory Lesser included Elements of crimes Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Concurrence Ignorantia juris non excusat Inchoate offences Encouraging or assisting crime Conspiracy Accessory Attempt Common purpose Defences Self-defence Duress Necessity Marital coercion Consent Insanity Diminished responsibility Intoxication Category:Criminal defences Offences against the person Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Battery Kidnapping False imprisonment Harassment Offences against the Person Act 1861 Sexual offences Rape Sexual assault Sexual Offences Act 2003 Public order offences Riot Violent disorder Affray Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Nuisance Public nuisance Offences against property Dishonesty Burglary Robbery Theft Taken Without Owner's Consent (TWOC) Deception Handling stolen goods Blackmail Computer crime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Criminal damage Conspiracy to defraud Webcam blackmail Forgery, personation and cheating Forgery Cheating the public revenue Offences against justice Bribery Perjury Perverting the course of justice Other common law areas Contract Tort Property Wills Trusts and estates Evidence See also Criminal procedure History Law of England and Wales portal Criminal justice portal