Understanding Rape and Sexual Assault

Table of ContentsView AllTable of ContentsWhat the Law SaysUnderstanding ConsentAlcohol and DrugsWhat to Do

Table of ContentsView All

View All

Table of Contents

What the Law Says

Understanding Consent

Alcohol and Drugs

What to Do

Sexual assault is a severe, punishable act that should not be taken lightly. Maybe you hooked up with someone while you were drunk. Maybe a stranger touched you inappropriately in passing. Maybe you were pressured into having sex with your partner. Whatisandisn’tconsidered sexual assault?

In short, if you’ve experiencedunwanted sexual touching, of any kind, then you’ve likely experienced sexual assault. However, there are many situations that need to be taken into account when talking about rape and sexual assault.

What the Law Says About Sexual Assault

Unwanted touching, of any kind, is unacceptable social behavior, but unwantedsexualtouching is criminal.

Federal law defines many different sexual crimes, from “forcible touching” and “sexual misconduct” to “aggravated sexual abuse” and “predatory sexual assault against a child,” but it’s important to know that state jurisdiction can vary.

Manysexual assault crimesare considered felonies and depending on the state, sexual assault may be called “sexual battery,” “criminal sexual penetration,” or “rape.” Rape is considered a type of sexual assault. Categories of sexual assault include rape, as well as the following:

Other types of sexual assault that aren’t often talked about include female genital mutilation (removal of part or all of the female genitalia) and sexual assault between intimate partners or martial couples. Despite misconceptions, intimate partner rape (also called marital rape or spousal rape) does occur and it can be extremely detrimental to an individual’s mental health.

Because sexual assault is a non-consensual sexual act, it’s important to define “consent.” When engaging in sexual relations of any kind, consent deals with more than just “yes” or “no,” which is why sexual assault (including rape) can be so controversial.

“Mutual consent is key, yet the type of consent is critical,” explains clinical psychologist Carla Marie Manly, PhD.

You are not obligated, under any situation, to have sexual relations with another person, even if that person is considered a sexual partner or spouse. However, sometimes individualsfeelobligated, and this is one reason why the issues around sexual assault can be so complicated.

Consider the following hypothetical situations:

All of the above scenarios are examples of sexual assault. If you feel pressured, or feel you have no other choice but to consent, then your decision is likely being “forced," and saying “yes” becomes irrelevant.

Because many sexual acts occur in private between just two people, there aren’t usually witnesses who can attest to the consent or the situation in which consent was unable to be freely given, and that’s why sexual assault cases can sometimes be so challenging.

Here’s what all of us should keep in mind: if the situation feels uncomfortable, if an individual is not fully capable of consenting or is not consenting in a clear way, you shouldnot continuewith that sexual act regardless of hearing the word “yes” and if you’ve started to engage in a sexual act, but the individual changes their mind, then stop the act immediately.

The Bottom LineIf the situation feels uncomfortable, if an individual is not fully capable of consenting or is not consenting in a clear way, you shouldnot continuewith that sexual act regardless of hearing the word “yes” and if you’ve started to engage in a sexual act, but the individual changes their mind, then stop the act immediately.

The Bottom Line

If the situation feels uncomfortable, if an individual is not fully capable of consenting or is not consenting in a clear way, you shouldnot continuewith that sexual act regardless of hearing the word “yes” and if you’ve started to engage in a sexual act, but the individual changes their mind, then stop the act immediately.

What Is Rape Trauma Syndrome?

How Alcohol and Drugs Play a Role

Casual sex is a large part of dating culture, as well as college culture, and the lines of consent can become blurry. When young adults experiment with drugs and alcohol, they often engage in risky behaviors which can quickly lead to sexual assault.

Elizabeth L. Jeglic PhD, Professor of Psychology at John Jay College of Criminal Justice, recommends “[not] engaging in [any] sexual activity when one or both parties are drinking or under the influence of substances. An individual cannot consent when they are drunk or high.”

How do you know if someone is under the influence and unable to consent? Signs of drunkenness or intoxication include, but are not limited to:

If you have any inclination that an individual is drunk or high, you should not engage sexually with them. If they are unconscious or passed out, you should not, under any circumstances, perform any sexual act on them.

Those most at risk of sexual assault are females ages 18 to 24, but sexual assault can occur at any age, regardless of race, gender, and sexual orientation.

When Sexual Assault Occurs

“The days following an assault are difficult,” says Dr. Jeglic. “You will likely experience a variety of physical and emotional responses to the trauma. Everyone experiences [this] differently but it is not uncommon to feel fear, sadness, guilt, shame, anger, depression, anxiety and a loss of sense of self.”

Dr. Jeglic recommends that you be with someone you trust or feel safe with and consider seeking professional help and social support, but also work on maintaining a routine and avoiding alcohol and drugs. “Know that you will experience a lot of different emotions,” she says.

Recognizing Signs of PTSD After Sexual Assault

A Word From Verywell

The Rape, Abuse, and Incest National Network (RAINN) provides a toll-free 24-hour hotline for victims of sexual assault at 1-800-656-HOPE as well as an online chat hotline. When you call the HOPE hotline, your call will be routed to a local RAINN affiliate organization (based on the first six digits of your phone number).

When calling in on a cellular phone, there will be an option to enter your ZIP code (to more accurately route you to the nearest local sexual assault service provider). RAINN can help connect you to local counseling.

If you’ve been sexually assaulted, know it is not your fault and recovery is possible. You can learn coping mechanisms, join networks of support, and work with experienced mental health professionals.

If you are a survivor of sexual assault, you can contact theRAINN National Sexual Assault Hotlineat 1-800-656-4673 to receive confidential support from a trained staff member at a local RAINN affiliate.For more mental health resources, see ourNational Helpline Database.

If you are a survivor of sexual assault, you can contact theRAINN National Sexual Assault Hotlineat 1-800-656-4673 to receive confidential support from a trained staff member at a local RAINN affiliate.

For more mental health resources, see ourNational Helpline Database.

How to Support a Victim of Sexual Assault

6 SourcesVerywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.U.S. Department of Justice.Sexual assault.U.S. Department of Justice.An updated definition of rape.U.S. House of Representatives. 10. USC 920: Art. 120.Rape and sexual assault generally.U.S. Department of Health and Human Services.Statutory rape: A guide to state laws and reporting requirements.Garcia TA, Litt DM, Davis KC, Norris J, Kaysen D, Lewis MA.Growing up, hooking up, and drinking: a review of uncommitted sexual behavior and its association with alcohol use and related consequences among adolescents and young adults in the United States.Front Psychol. 2019;10:1872. doi:10.3389/fpsyg.2019.01872Sinozich, S. Langton, L.Rape and Sexual Assault Victimization Among College Females, 1995-2013. U.S. Department of Justice Office of Justice Programs; 2014.

6 Sources

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.U.S. Department of Justice.Sexual assault.U.S. Department of Justice.An updated definition of rape.U.S. House of Representatives. 10. USC 920: Art. 120.Rape and sexual assault generally.U.S. Department of Health and Human Services.Statutory rape: A guide to state laws and reporting requirements.Garcia TA, Litt DM, Davis KC, Norris J, Kaysen D, Lewis MA.Growing up, hooking up, and drinking: a review of uncommitted sexual behavior and its association with alcohol use and related consequences among adolescents and young adults in the United States.Front Psychol. 2019;10:1872. doi:10.3389/fpsyg.2019.01872Sinozich, S. Langton, L.Rape and Sexual Assault Victimization Among College Females, 1995-2013. U.S. Department of Justice Office of Justice Programs; 2014.

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

U.S. Department of Justice.Sexual assault.U.S. Department of Justice.An updated definition of rape.U.S. House of Representatives. 10. USC 920: Art. 120.Rape and sexual assault generally.U.S. Department of Health and Human Services.Statutory rape: A guide to state laws and reporting requirements.Garcia TA, Litt DM, Davis KC, Norris J, Kaysen D, Lewis MA.Growing up, hooking up, and drinking: a review of uncommitted sexual behavior and its association with alcohol use and related consequences among adolescents and young adults in the United States.Front Psychol. 2019;10:1872. doi:10.3389/fpsyg.2019.01872Sinozich, S. Langton, L.Rape and Sexual Assault Victimization Among College Females, 1995-2013. U.S. Department of Justice Office of Justice Programs; 2014.

U.S. Department of Justice.Sexual assault.

U.S. Department of Justice.An updated definition of rape.

U.S. House of Representatives. 10. USC 920: Art. 120.Rape and sexual assault generally.

U.S. Department of Health and Human Services.Statutory rape: A guide to state laws and reporting requirements.

Garcia TA, Litt DM, Davis KC, Norris J, Kaysen D, Lewis MA.Growing up, hooking up, and drinking: a review of uncommitted sexual behavior and its association with alcohol use and related consequences among adolescents and young adults in the United States.Front Psychol. 2019;10:1872. doi:10.3389/fpsyg.2019.01872

Sinozich, S. Langton, L.Rape and Sexual Assault Victimization Among College Females, 1995-2013. U.S. Department of Justice Office of Justice Programs; 2014.

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