An Introduction to rape and sexual assault

An Introduction to rape and sexual assault Provided by the Cleveland County Abuse Prevention Council

Rape and Sexual AssaultWhat is it? Common Definitions: • The unlawful use of physical force or duress to have sexual intercourse • Any act of sexual intercourse that is forced upon a person against their will

North Carolina Laws/Definitions • Rape- • Vaginal intercourse with a person by force and against the person’s will (without consent) • Statutory Rape- • Vaginal intercourse or a sexual act with a person fifteen years of age or younger • Marital Rape- • Same definition as rape, but occurs when victim and offender are legally married • Sexual Offense- • A sexual act, other than vaginal intercourse, with a person by force and against a person’s will. • These are all considered felonies in NC

In NC, a person cannot legally give consent for sex until the age of 16. • A sexual act is legally defined as oral sex, anal sex, or the insertion of hands, fingers, other body parts or inanimate objects into another’s anal or genital opening. • The use of a weapon or perceived threat of a weapon determines a first or second-degree offense. If the offender has a weapon, it is considered to be first degree. Both are still felonies. • The offender is said to have used force when the victim feels he/she has no control over the situation. This can include verbal or physical threats. • The FBI now defines rape as any kind of penetration of another person, regardless of gender, without the victim's consent. It also includes a broad range of rapes involving both males and females in which attackers use objects to penetrate their victims.

Myths & Facts MYTH: Rape is caused by the victim. If a woman flirts or wears sexy clothing, she is “asking for it”. • FACT: Rape is a violation of body, mind, and spirit. It takes away a person’s control over her/his own body choices. Both men and women may want to look attractive, but no one “asks for” or enjoys a violent physical attack, which puts them at risk of injury, disease, pregnancy, or death. Rape is not an act of sexual passion; it is a violent crime in which sex is the weapon.

MYTH: Rape is an impulsive, uncontrollable act of sexual gratification. Most rapes are spontaneous; such as when a sexually frustrated man sees an attractive woman and just cannot control himself. • FACTS: Rape is a premeditated act of violence, not a spontaneous act of passion - 71% of rapes are planned in advance. - 60% of convicted rapists were married or had regular sex partners at the time of the rape - Men CAN control their sexual impulses

MYTH: No woman can be raped against her will. Any woman could prevent a rape if she really wanted to. FACTS: Women are often physically weaker than their attackers and many times do not know how to effectively defend themselves. Additionally, many women are not willing to hurt their attacker, especially if it is someone they know. MYTH: Rape is a woman’s problem FACTS: Both men and women are victimized by rape and sexual assault. Most people know someone who has been raped or assaulted and these victims are the wives, mothers, sisters, and daughters of men.

MYTH: Most rapes occur when people are out alone at night. If people stay home, they will be safe. FACT: 1 in 4 sexual assaults take place in the victim’s home, making it the most common place for this crime to occur. MYTH: Rapists are strangers. FACT: In North Carolina more than 52% of the forcible rapes reported were acquaintance rapes. Unfortunately, we know that assaults by known assailants often go unreported, so this statistic does not reflect the actual numbers of acquaintance rapes taking place.

MYTH: If the attacker, the victim, or both are drunk or high, the attacker cannot be charged with rape. FACTS: Forcing sex on someone too drunk or high to give consent is considered second-degree rape in North Carolina. It carries a sentence of up to 40 years. Rape is a crime. People who commit crimes under the influence are not exempt from responsibility. Additionally, purposefully drugging a victim prior to a rape is now punishable as a felony in North Carolina.

What to say to a victim? • It is not your fault (the victim is not the one to blame) • You are not responsible for the rape (the rapist is) • I believe you • Have you received medical attention and/or information about emergency contraception? • I care about you, what can I do to help you through this? • I support your right to feel whatever you are feeling • I’m here to listen, even if you’re not ready to share all the details

What Not to Say… • Be thankful, you’re lucky to be alive, it could have been worse. • What did you do to encourage him? • How could you let this happen? • You must forgive and forget. • Just quit thinking about it; don't let it ruin your life. • You should have... known better, fought harder, yelled louder, etc. • Why were you… drinking, dressed that way, out at that time, in that place, with those people, etc.

Encourage the victim to….. • Get to a safe place as soon as possible. • Tell someone about the assault (friend, police, crisis line, etc). Keeping the secret will only protect their attacker and may be emotionally harmful to the victim. • Get medical attention from the ER, Health Department, or their personal physician as soon as possible to treat injuries and test for STIs. • Have an evidence collection kit performed within 72 hours of the assault to collect all available evidence. Most evidence is gone after 48-72 hours. • Report the assault to the police immediately so they can begin looking for the suspect. • Call a friend, family member, or rape crisis center for support during medical and legal procedures. • Seek counseling to cope with their feelings after the assault. • Ask an advocate at a rape crisis center for options regarding safety, prosecution, financial compensation, medical treatment, counseling, etc.

DON’T ENCOURAGE THE VICTIM TO… • Bathe, douche, urinate, change clothes, eat, drink, or apply medication to yourself prior to seeking medical treatment. These things destroy evidence that your attacker may have left behind. • Disturb or clean up anything in the area where the assault occurred. There may be evidence that can be collected. • Skip seeking medical treatment because there are no visible injuries. It is important to be tested for STIs and pregnancy as well as to be treated for possible internal injuries. • Act like the assault did not occur. It is important for victims to recognize that any non-consensual violation of their body is not okay and they have a right to pursue action against their attacker.

Legal Courses of Action For Victims of Rape • Victims of rape/sexual assaults are NOT LEGALLY OBLIGATED to press charges against their attacker(s). • The State may choose to press charges. • Victims have the option to report their assault to the law enforcement or not. • A victim may choose to do an anonymous report. The rape kit and all other evidence is sent to a central holding facility in Raleigh. It is held there until the victim decides they want to prosecute. The victim can make this decision at any time even years after the crime.

If a Victim Does not Report • Victims may choose not to report the incident, although in some instances the police may be called by medical personnel when the victim goes to the ER for treatment. • No Report = • No Investigation • No Prosecution • No record of the assault other than the anonymous evidence in the central storage facility if the victim choose to report anonymously

Victims Who File A Report • Allows law enforcement the opportunity to begin investigating the incident and take steps to catch assailant • Protects the victim and their community • Even if the victim is unsure about prosecuting, the report enables the police to investigate while the evidence is fresh. This evidence will be helpful if the victim decides to prosecute or not. • And if the victim does not choose to prosecute, the evidence collected could be helpful if the same assailant assaulted another person • While each victim retains their right to choose not to report their assault, at APC we generally encourage each victim to report his or her assault to the police.

Once Report Has Been Filed • The Victim has three options: • Criminal Charges against the rapist • Civil Charges against the rapist • Charges against a Third Party

Criminal charges- Rapes are crimes against the State as well as the victim. Once a crime is reported, the state pays to have it investigated and prosecuted. Victims are seen as witnesses and do not need to obtain their own attorney. The Victim’s attorney will be the DA (District Attorney). The DA looks at the evidence and determine if there is enough evidence to convict. • Civil Charges- Claiming damages against the rapist. Requires the same evidence as criminal charges, but the victim has to hire their own attorney. The goal is financial compensation for the victim due to mental and/or physical suffering as a result of the assault. • Charges Against 3rd Party- Brining a Civil case against people who could be held responsible (parents allow teens to have party, no supervision, and someone is raped/underage drinking resulting in a death). Some cases have found institutions, landlords, employers, and transportation systems liable for assaults. When dangerous conditions were reported, and people failed to take action. Attorney must be hired for this type of action.

An Introduction to rape and sexual assault