With the increasing prevalence of sexual crimes today, it’s no wonder that many people are confused about some of the terminology. In some states, sexual assault and rape are used interchangeably. In others, like Pennsylvania, rape is along the continuum of sexual assault, but sexual assault encompasses more than rape. Both crimes carry serious penalties, and victims have legal rights to pursue civil litigation as well as criminal charges against the perpetrators of the crimes. First, we need to delve into the differences between sexual assault and rape to gain a better understanding of these crimes.
What Is Sexual Assault?
Any unwanted, pressured or forced sexual contact with someone who cannot or does not give consent is sexual assault. This includes groping, fondling of sexual body parts or intercourse. The unwanted contact may occur direct through skin-to-skin contact or indirectly through clothing. A victim may be unable to give consent for various reasons, including:
- Incapacitation due to drugs or alcohol
- Unconsciousness
- Sleep
- Mental disability
- Under the age or 16
The criminal sexual acts may be committed with threats, coercion or force to a member of the opposite sex or the same sex. Both men and women are victims, and most victims know the perpetrator. The assailant may be a friend, date, family member, teacher, employer, classmate, boyfriend, girlfriend, spouse or other acquaintance. In fact, acquaintance rape is much more common than stranger rape. Alcohol, drugs and other illicit substances are often involved, but that does not place the fault on the victim. No matter your mental state, you should never be forced into unwanted sexual contact.
What Is Rape?
Rape is forced and non-consensual sexual penetration of an orifice or body part by another body part or object. Victims are often forced into the act through threats of violence, physical restraint or physical violence. It does not matter if the victim consented to going back to the assailant’s apartment or to kissing and touching. Sexual contact that is against your will is against the law. The term “rape” encompasses many acts of sexual violence, including date rape, acquaintance rape, incest, child sexual assault, statutory rape, partner rape, spousal rape and other crimes. The goal of the perpetrator is to exert power and control over the victim, resulting in harm and humiliation. Sexual desire is not involved; penetration and unwanted touching are used as weapons to control and hurt others.
What’s the difference?
If you think the two terms still look similar, they do. To clarify, rape is on the continuum of sexual assault. Rape requires the use of threat or force and involves sexual penetration. Sexual assault, on the other hand, includes any act of intercourse or contact that is done without consent. Rape is considered a more serious crime (a felony of the first degree) and carries heavier penalties than does sexual assault (a felony of the second degree, except in cases of rape). That said, there are several degrees of sexual assault, including rape, based on whether weapons were used, whether the perpetrator had authority over the victim and whether permanent injuries resulted.
Sexual violence is a violation of a person’s trust, safety and liberty. If you, a friend or a loved one are a victim of sexual assault or rape, seek prompt medical attention to receive the treatment and care that you need. Report the assault to the police. Talk to a private counselor or find one at your local rape crisis center. Finally, work toward getting the perpetrator prosecuted criminally and consider civil litigation against those who are responsible for your sexual assault.
