Sexual violence is any unwanted sexual act or activity, including rape and sexual assault.
Sexual violence can be perpetrated by a stranger or by someone known and even trusted, including a friend, colleague, family member, partner or ex-partner.
Anyone, of any gender or sexual orientation, can be subjected to sexual violence.
Rape is defined as being committed when a person puts their penis into (penetrates) the vagina, anus or mouth of another person without their consent.
Sexual assault by penetration is committed when a person puts any other part of their body, or an object, into the vagina or anus of another person without their consent. Sexual assault is committed when a person touches another person sexually without their consent. The sexual touching can be done with any body part and includes use of an object.
There are various other offences with which someone might be charged including:
- Sexual coercion (intended mainly to cover situations where someone forces someone to have sex with another person)
- Offences concerning unlawful sexual activity with children under 16
- Sexual abuse of trust involving children: any sexual activity by someone over 18 with someone under 18 to whom the attacker is in a position of trust, for example a carer
- Sexual abuse of trust involving mentally disordered persons: any sexual activity with someone who suffers from a mental disorder and to whom the attacker is in a position of trust
- Administering a substance (giving someone alcohol or drugs) for sexual purposes
- Incest: sexual intercourse between people related to one another (as specified by law)
- Communicating indecently
- Sexual exposure
- Voyeurism
Consent:
The law defines consent as ‘free agreement’.
For rape and sexual assault to be proved in court, it has to be shown that the assault took place without the consent (agreement) of the victim that the person responsible did not reasonably believe that the victim consented. Someone can withdraw consent at any stage even if they initially consented.
The circumstances of what happened may mean that a victim is incapable of ‘free agreement’.
Examples would be if the victim was asleep or unconscious; agreed or submitted because the attacker harmed or threatened to harm them; or the attacker would not let them go. The law also protects people with limited or no capacity to consent because of their young age or a mental disorder.
In many situations, a person might not struggle against an attacker through fear or shock or might be asleep or unconscious at the time.
It may be possible to prove in court that the person responsible knew that the victim did not consent or did not reasonably believe the victim consented even when there was no other physical violence or force.
It can sometimes be difficult to prove in court that the victim did not consent. By law, there must be two independent pieces of evidence to corroborate (prove) that the victim did not consent and that the attacker knew or disregarded this.
Because such crimes often take place in private, it can be difficult to get enough evidence to prove to a court that the crime took place, that the victim did not consent and that the attacker knew or disregarded this.