Rape and Sexual Assault

Definition

Rape is a term covering a very narrow or wide range of acts depending on whether assaults on all parts of the body that can be penetrated are included or whether some are excluded and defined as sexual assault, and whether penetration by a penis only or other body parts/objects are included. Rape - if defined as penetration by a penis - is a violation that can only be perpetrated by men and the vast majority of victims are women and girls. Rape occurs in every context in which women and girls are found: in their own home, in the community, in institutions including schools, in employment, in social upheaval and conflict. There are tensions in relation to how rape is defined in both legislation and policy. Amongst these are: whether the crime of rape is defined in terms of force or consent, whether rape in marriage is a crime and whether situations such as the victim being unconscious, asleep, drunk or drugged are included. Sexual assault covers other forms of physical sexual intrusion that is unwanted and unwelcome - including touching, rubbing and masturbating on or over someone.

The legal definition in England and Wales was revised by the Sexual Offences Act 2003, which came into force in May 2004. The Act represents a major overhaul in the sexual offences framework and was the outcome of extensive consultation and debate over a two year period - for further information see 'Setting the Boundaries' at the Home Office website. Under the new legislation rape is classified as penetration by the penis of somebody's vagina, anus or mouth, without their consent. It can be committed against men or women but since it involves penile penetration it can only be committed by men. The Act also provides for the first time a clear definition of consent. "A person consents if s/he agrees by choice and has the freedom and capacity to make that choice." SOA, section 74. The new legislation also covers sexual assaults against adults, children, trafficking and abuse of adults with major learning and other disabilities. View the Sexual Offences Act 2003 at the HMSO website.

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