What is sexual assault?

Sexual assault happens when someone touches another person in a sexual manner without their consent. Or when someone makes another person take part in a sexual activity with them without that person's consent. It includes unwanted kissing and sexual touching.

Sexual assault refers to many different forms of sexual violence – the phrase we use to describe any sexual activity or act that happened without consent.

Any sexual assault is a serious crime that can have a lasting impact on the victim or survivor. No-one ever deserves or asks for it to happen. 100% of the blame lies with the perpetrator or perpetrators.

You might have heard people talking about sexual assault on TV shows or in the news. However, because it's such a broad term, lots of people aren't sure what it really means.

But, the most important thing to remember is: if someone has done something sexual to another person without their consent then it's sexual violence. And it's always serious.

The touching is sexual.
The other person does not consent to the touching.
They do not reasonably believe that the other person consents.
The touching can be with any part of the body or with anything else.

It could include:

Kissing.
Attempted rape.
Touching someone’s breasts or genitals – including through clothing.
Touching any other part of the body for sexual pleasure or in a sexual manner – for example, stroking someone’s thigh or rubbing their back.
Pressing up against another person for sexual pleasure.
Pressuring, manipulating or scaring someone into performing a sexual act on the perpetrator.
Touching someone’s clothing if done for sexual pleasure or in a sexual manner – for example, lifting up someone’s skirt.

However, please know that this is not a full list. Just because something isn’t included here doesn’t mean it isn’t sexual assault.

It is NOT consent if you or someone else was:

Asleep, unconscious, drunk, drugged or 'on' drugs.
Pressured, manipulated, tricked or scared into saying yes.
Too young or vulnerable to have the freedom and capacity to make that choice.
Consent can be withdrawn at any time, including during sex or a sexual act. Just because someone consented to something before doesn’t mean they consented to it happening again.

If someone’s unsure whether the other person is giving their consent for something sexual, they should always check with them.

Does sexual assault have to involve force?

It’s a really common myth about sexual assault, rape and other kinds of sexual violence and abuse that they have to involve physical force or leave the person with visible injuries. But that isn’t true.

There are many other ‘tactics’ that someone might use to sexually assault someone. For example:

pressure
manipulation
bullying
intimidation
threats
deception
drugs or alcohol

BUT, none of these have to have happened for it to still be sexual assault.

Many people find themselves unable to speak or move when faced with a scary, shocking or dangerous situation. If that happened, it does not mean the person gave their consent.

And if there’s no consent then it is always sexual assault.

What is NOT considered consent in sexual activity?

Silence. Just because someone does not say "no" doesn't mean she is saying "yes."
Having consented before. Just because someone said "yes" in the past does not mean she is saying "yes" now. Consent must be part of every sexual activity, every time.
Being in a relationship. Being married, dating, or having sexual contact with someone before does not mean that there is consent now.
Being drunk or high. Read more about alcohol, drugs, and sexual assault.
Not fighting back. Not putting up a physical fight does not mean that there is consent.
Sexy clothing, dancing, or flirting. What a woman or girl wears or how she behaves does not show consent for sexual activity. Only a verbal "yes" means "yes" to sexual activity.

Types of sexual offences

There are a range of crimes that can be considered sexual offences, and in this section we set out some of the main offence types the PPS prosecutes.

A full list of offences considered to be sexual offences can be found by clicking the link.

Offence types

Rape

A rape is when a person uses their penis without consent to penetrate the vagina, mouth or anus of another person. Rape is one of the most serious criminal offences that can be perpetrated. The Public Prosecution Service (PPS) has a policy document providing guidance about how decisions as to prosecution in relation to rape are taken and the assistance which will be given to victims and witnesses.

Sexual Assault by Penetration

Sexual assault by penetration is when a person (either male or female) penetrates the vagina or anus of another person with any part of their body or an object without that person’s consent.

Sexual Assault

Sexual Assault is when a person (either male or female) touches another person sexually without their consent.

Child Sexual Abuse

Child sexual abuse involves forcing, inciting, persuading or enticing a child to take part in sexual activity. This may involve physical contact including rape or oral sex or non-penetrative acts such as masturbation, kissing, rubbing and touching inside or outside of clothing. It may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities or exploiting or grooming a child in preparation for abuse.

Extreme pornography

Extreme pornography describes pornographic images that are grossly offensive, disgusting or obscene, and portray a range of extreme acts in an explicit and realistic way. This may include images of extreme violence, mutilation, or sexual activity with an animal that are intended to sexually arouse. It is illegal to possess, distribute or make extreme pornography.

Disclosing private sexual images without consent (so-called ‘revenge pornography’)

This relates to private sexual photographs and films of a person that have been disclosed without the consent of an individual who appears in them, with intent to cause that individual distress. An example is uploading such images onto the internet, often by a person’s ex-partner, to cause them distress, humiliation or embarrassment.

Indecent images of children

It is an offence to take, to permit to be taken, to make, to possess, show, or to distribute or publish an image of a child posed or pictured indecently, for example in a sexual way. This can also include images of adults involved in indecent act where a child is present but not themselves portrayed indecently. Images can include actual photographs or video footage, drawings or tracings, or images created digitally. ‘Making’ an indecent image does not just refer to a person taking a photo or video - it can also refer to a person downloading or printing an indecent image, or opening an email attachment containing an indecent image.

THE IMPORTANCE OF CONSENT

Communication, honesty and respect make sexual relationships better. Asking for and obtaining consent shows respect for yourself and your partner. It eliminates the entitlement that one partner might feel over the other. Neither your body nor your sexuality belongs to someone else.

Consent is an intelligent, knowing, voluntary, sober, enthusiastic, creative, wanted, informed, mutual, honest, and clearly communicated agreement.
Consent is an active agreement; consent cannot be coerced. Consent is required by law and by University policy.
Consent shall not be deemed or construed to mean the failure by the victim to offer physical resistance to the offender.
Consent is a process: if you want to move to the next level of sexual intimacy, ask.
Consent is never implied and cannot be assumed, even in the context of a relationship. Just because you are in a relationship does not mean that you have permission to have sex with your partner.

A person who is incapacitated by alcohol or other drugs cannot give consent. If you're too drunk to make decisions and communicate with your partner, you're too drunk to consent.

The absence of a "no" doesn't mean "yes."

Both people must be involved in the decision to have sex.

The Power of No

Let’s dive a little deeper into the reality of saying “no” during a sexual experience. Giving or receiving a no does not mean that you are a bad person! It should also be understood that receiving a no from someone during a sexual experience is in no way a rejection of one’s character. Instead, saying no to an activity during a sexual experience can be thought of as establishing a boundary. Setting clear boundaries and expectations is an important part of a sexual experience and can be fun! Once you understand your partners boundaries, you connect and mutually enjoy the experience.

Forms of consent

Sexual consent is an agreement to participate in a sexual activity. Before being sexual with someone, you need to know if they want to be sexual with you too. It’s also important to be honest with your partner about what you want and don’t want.

Consenting and asking for consent are all about setting your personal boundaries and respecting those of your partner — and checking in if things aren’t clear. Both people must agree to sex — every single time — for it to be consensual.

Without consent, sexual activity (including oral sex, genital touching, and vaginal or anal penetration) is sexual assault or rape.

Consent is easy as FRIES:

Freely given. Consenting is a choice you make without pressure, manipulation, or under the influence of drugs or alcohol.
Reversible. Anyone can change their mind about what they feel like doing, anytime. Even if you’ve done it before, and even if you’re both naked in bed.
Informed. You can only consent to something if you have the full story. For example, if someone says they’ll use a condom and then they don’t, there isn’t full consent.
Enthusiastic. When it comes to sex, you should only do stuff you WANT to do, not things that you feel you’re expected to do.
Specific. Saying yes to one thing (like going to the bedroom to make out) doesn’t mean you’ve said yes to others (like having sex).

You get the final say over what happens with your body. It doesn’t matter if you’ve hooked up before or even if you said yes earlier and then changed your mind. You’re allowed to say “stop” at any time, and your partner needs to respect that.

Consent is never implied by things like your past behavior, what you wear, or where you go. Sexual consent is always clearly communicated — there should be no question or mystery. Silence is not consent. And it’s not just important the first time you’re with someone. Couples who’ve had sex before or even ones who’ve been together for a long time also need to consent before sex — every time.

There are laws about who can consent and who can’t. People who are drunk, high, or passed out can’t consent to sex. There are also laws to protect minors (people under the age of 18) from being pressured into sex with someone much older than them.

The age of sexual consent is how old a person needs to be in order to be considered legally capable of consenting to sex. Adults who have sex with someone younger than the age of consent face jail time and being registered as a sex offender. The age of consent varies in different parts of the U.S. and in different countries. There may also be other laws that define the age of sexual consent by state.

Drug-Facilitated Sexual Assault

In cases of drug-facilitated sexual assault, survivors often blame themselves. Remember—you are not to blame. You are the only one allowed to make choices for your body. Using drugs or alcohol is never an excuse for assault and does not mean that it was your fault.

What is drug-facilitated sexual assault?

Drug-facilitated sexual assault occurs when alcohol or drugs are used to compromise an individual's ability to consent to sexual activity. These substances make it easier for a perpetrator to commit sexual assault because they lower inhibitions, reduce a person’s ability to resist, and can prevent them from remembering details of the assault. Drugs and alcohol can cause diminished capacity, a legal term that varies in definition from state to state.

You may have heard the term “date rape drugs” to refer to substances that perpetrators use to commit sexual assault, such as “roofies.” Alcohol is the most common substance used to perpetrate drug-facilitated sexual assault. Drug-facilitated sexual assault can happen to anyone, by anyone, whether the perpetrator is an intimate partner, stranger, or someone you’ve known for a while.

How it happens

There are two main ways that drug-facilitated sexual assault occurs: 1) when the perpetrator takes advantage of a someone’s voluntary use of drugs or alcohol and, 2) when the perpetrator intentionally forces a victim to consume drugs or alcohol with or without their knowledge.

The type of drug-facilitated sexual assault you might think about first is the kind in which a perpetrator slips a drug into someone’s drink. Though many survivors have experienced this, for many young people, especially on college campuses, drug-facilitated sexual assault can take a variety of forms.
Drug-facilitated sexaul assault can look like:
Coercing or pressuring someone beyond their comfort zone to ingest more drugs or alcohol or different substances than they are comfortable with.
Ignoring or refusing to help someone who says they’ve had too much to drink or is having a negative drug experience and needs help.
Initiating sexual contact with someone because they are intoxicated, and less likely to resist.
Refusing to tell someone what is in their drink or the type of dosage of drug they are ingesting.
A perpetrator may intentionally drug someone, resulting in a situation in which it is easier to manipulate the circumstances and commit an assault. Perpetrators use a variety of substances to incapacitate a victim.
Commonly used substances:
Alcohol is the most commonly used substance in drug-facilitated sexual assault.
Prescription drugs like sleep aids, anxiety medication, muscle relaxers, and tranquilizers may also be used by perpetrators.
Street drugs, like GHB, rohypnol (“roofies”), ecstasy, and ketamine can be added to drinks without changing the color, flavor, or odor of the beverage.

It is not your fault

Many survivors have strong feelings of self-blame after drug-facilitated sexual assault. They may feel that their choice to drink or to use drugs put them in a dangerous situation that led to the assault. It’s important to remember that if a sexual assault occurs under these circumstances, it is still not your fault. When you choose to use drugs or alcohol, you are not choosing to be sexually assaulted. The blame for this crime falls ONLY on the perpetrator.

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