Types of Sexual Assault and Abuse
Rape is a word that conjures up fearsome imagery. Thanks to Hollywood and the media, it calls forth visions of brutish men who lurk in the shadows of dark alleys or behind bushes, ready to ambush and attack the first female that passes by. The woman, who is caught by surprise, is usually depicted as screaming and resisting her attacker. Despite her efforts to defend herself, she is portrayed as ultimately helpless, as the man uses force and violence to subdue and rape her.
To be clear, this type of rape does happen. We have no intent to dimmish the severity of it or dismiss it as Hollywood storytelling. It is critically important to understand that this perception of violent, stranger rape has persisted as a dominant stereotype of sexual assault in the United States – not only publicly, but also with police officers, prosecutors, judges, jurors, and victims. It is the lens through which other sexual assaults are viewed and compared.
The occurrence of stranger rape is more widely accepted in our society than acquaintance rape. However, the reality is that stranger rape only makes up less than 10% of sexual assaults, but more than 90% of the reported assaults. And while this rape does occur and is highly traumatizing, it distorts the perception and understanding of rape and how vast the problem of sexual assault truly is.
Part of the issue is that because so many people equate “real rape” with this type of violent, forcible attack, many rape victims characterize their experience as something other than, or less than, rape because they were not victimized in this manner. Perhaps they knew their rapist or were even dating them. Maybe they do not see their rape as being violent or forcible. Maybe they don’t feel they “did enough” to say “no” or resist. Maybe they blame themselves for drinking too much or putting themselves in the situation. These perceptions often lead a victim not to report the assault.
We want to shed light on the primary types of rape. Please keep in mind that while we are focusing on the crime of rape, there are many types of non-penetrative sexual assault crimes. Our hope is that having better awareness in this area will correct misconceptions and empower more people to come forward.
Types of Rape
As discussed earlier, rape can generally be placed into three categories: (1) forcible rape; (2) incapacitated rape; and (3) statutory rape. The perpetrator in any of these types of rape can be a stranger, acquaintance, significant other, or someone statutorily recognized as in a special position of trust. The perpetrator (and victim) can be of any gender.
While violent, forcible rape can be extremely traumatic for a victim, that does not necessarily mean that other types of rape are less traumatic. Some of our most traumatizing cases involve incest against a minor where the perpetrator used no physical force or violence. However, our laws consider the nature and circumstances of a rape and assign differing degrees of criminality to the assault.
Forcible Rape
As discussed earlier, violent, forcible rape is often what comes to mind when we think of what rape is. While this type of rape only accounts for about 7% of all rapes, it accounts for 93% of all reported rapes. But what exactly constitutes “forcible rape”, and how is it treated under the legal system?
As with any criminal law, each state crafts their own rape statutes. How states define rape, or the various requirements of rape, varies greatly. A sexual assault in one state may amount to rape, but in another, it may only constitute a sexual battery. Some states focus on the type of force used to determine the degree of sexual assault. Other states classify degrees of sexual assault by the “injury” sustained by the victim. And yet other states do not require force as an element of rape, but may charge perpetrators with “aggravated” crimes when force is used.
Incapacitated Rape
As discussed above, some offenders resort to using force to overpower and control their victims. This may be accomplished by physical force, threats of harm, or the use of fear. Other offenders rape without using force or threats, by exploiting or incapacitating an individual’s ability to consent. Their targets are often vulnerable individuals with an intellectual or mental disability, or medical condition, or who are incapacitated by drugs or alcohol. This is the most frequent type of sexual assault calls we receive.
Statutory Rape
Statutory rape laws prohibit sexual activity with a minor below a certain age. A common misconception about these laws is that states define a single age at which a person can consent to sex and which sex above that age is ok, and sex below is illegal. Rather, most states set various age/consent guidelines.
Defendants charged with ‘statutory rape’ often claim they were mistaken about the age of the victim. However, most states do not allow a defendant’s alleged “mistaken belief” as a defense to a charge of statutory rape. This may be the case even where the minor misrepresented his or her age.
It is important to note that regardless of a minor reaching the age of consent, it is still a criminal offense for certain individuals to engage in sexual activity with the minor. This may include ‘sexting’ nude images, or engaging in sexual activity with teachers, school staff, coaches, clergy, and others in positions of special trust or authority.
Because ‘statutory rape’ involves apparent consent, victims may not view sexual conduct as criminal. When these cases are reported, it is usually by a parent who discovers the sexual relationship or, by the victim years later when they realize they had been exploited.
Reach Out To Boyk Law for Guidance From Compassionate Sexual Abuse Attorneys
If you or a loved one experienced sexual assault or abuse, our team is here to help you. Contact Charles E. Boyk Law Offices for compassionate and trustworthy representation.
