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Sexual assault is an act of sexual abuse in which one intentionally sexually touches another person without that person's consent, or Coercion or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape (forced sexual penetration, no matter how slight), drug facilitated sexual assault, and the torture of the person in a sexual manner. Assault, Black's Law Dictionary, 8th Edition. See also Ibbs v The Queen, High Court of Australia, 61 ALJR 525, 1987 WL 714908 (sexual assault defined as sexual penetration without consent); Sexual Offences Act 2003 Chapter 42 s 3 Sexual assault (United Kingdom), (sexual assault defined as sexual contact without consent), and Chase v. R. 1987 CarswellNB 25 (Supreme Court of Canada) (sexual assault defined as force without consent of a sexual nature)
In the United States, the definition of sexual assault varies widely among the individual states. However, in most states sexual assault occurs when there is lack of consent from one of the individuals involved. Consent must take place between two adults who are not incapacitated and consent may change, by being withdrawn, at any time during the sexual act. Sexual assault can be defined as violation of consent according to standards of substantive equality or formal equality.
The effects of child sexual abuse include depression, post-traumatic stress disorder, anxiety, propensity to re-victimization in adulthood, physical injury to the child, and increased risk for future interpersonal violence perpetration among males, among other problems.Teitelman AM, Bellamy SL, Jemmott JB 3rd, Icard L, O'Leary A, Ali S, Ngwane Z, Makiwane M. Childhood sexual abuse and sociodemographic factors prospectively associated with intimate partner violence perpetration among South African heterosexual men. Annals of Behavioral Medicine. 2017;51(2):170-178 Sexual assault among teenagers has been shown to lead to worse school performance, an increase in mental health problems, and social exclusion. Sexual abuse by a family member is a form of incest. It is more common than other forms of sexual assault on a child and can result in more serious and long-term psychological trauma, especially in the case of parental incest.
Approximately 15 to 25 percent of women and 5 to 15 percent of men were sexually abused when they were children. Most sexual abuse offenders are acquainted with their victims. Approximately 30 percent of the perpetrators are relatives of the child – most often brothers, sisters, fathers, mothers, uncles, aunts or cousins. Around 60 percent are other acquaintances such as friends of the family, babysitters, or neighbors. Strangers are the offenders in approximately 10 percent of child sexual abuse cases.
Studies have shown that the psychological damage is particularly severe when sexual assault is committed by parents against children due to the incestuous nature of the assault. Incest between a child and a related adult has been identified as the most widespread form of child sexual abuse with a huge capacity for damage to a child. Often, sexual assault on a child is not reported by the child for several of the following reasons:
In addition, many states have criminalized sexual contact between teachers or school administrators and students, even if the student is over the age of consent.
Abbey et al. state that female victims are much more likely to be assaulted by an acquaintance, such as a friend or co-worker, a dating partner, an ex-boyfriend or a husband or other intimate partner than by a complete stranger. In a study of hospital emergency room treatments for rape, Kaufman et al. stated that the male victims as a group sustained more physical trauma and were more likely to have been a victim of multiple assaults from multiple assailants. It was also stated that male victims were more likely to have been held captive longer.
In the U.S., rape is a crime committed primarily against youth. A national telephone survey on violence against women conducted by the National Institute of Justice and the Centers for Disease Control and Prevention found that 18% of women surveyed had experienced a completed or attempted rape at some time in their lives. Of these, 22% were younger than 12 years and 32% were between 12 and 17 years old when they were first raped.
In the U.K., rape under the Criminal Attempts Act 1981 is a 'sexual offence' within section 31(1) of the Criminal Justice Act 1991.
The removal of a condom during intercourse without the consent of the sex partner, known as stealthing, may be treated as a sexual assault or rape in some jurisdictions.The Age, 3 June 2019, One in three women victim to 'stealth' condom removal
In the United States, sexual harassment is a form of discrimination which violates Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission (EEOC): "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."
In the United States:
Sexual assault increases an individual's risk to developing psychopathology. It is most strongly related to the development of suicidality and trauma-related disorders (including post-traumatic stress disorder), as well as the development of Bipolar disorder and obsessive–compulsive disorders. Experiencing sexual assault also increases the risk of developing , major depressive disorder, , addiction, or other Psychopathology. Individuals who develop psychological disorders following sexual assault have increased frequency and severity of psychopathology compared with individuals who have not experienced sexual assault.
Family and friends of individuals who have been sexually assaulted experience emotional scarring, including a strong desire for revenge, a desire to "fix" the problem and/or move on, and a rationalization that "it wasn't that bad".
Sexual assault also has adverse economic effects for survivors on the micro level. For instance, survivors of sexual assault often require time off from work and face increased rates of unemployment. Survivors of rape by an intimate partner lose an average of $69 per day due to unpaid time off from work. Sexual assault is also associated with numerous negative employment consequences, including unpaid time off, diminished work performance, job loss, and inability to work, all of which can lead to lower earnings for survivors.
The ability to test backlogged sexual assault kits and have the results uploaded into CODIS is cost effective in terms of reducing the costs associated with sexual assaults' by spending the money on testing evidence.Wang, C., & Wein, L. M. (2018). Analyzing Approaches to the Backlog of Untested Sexual Assault Kits in the U.S.A. Journal of Forensic Sciences, 63(4), 1110-1121.doi:10.1111/1556-4029.13739
Several research-based rape prevention programs have been tested and verified through scientific studies. The rape prevention programs that have the strongest empirical data in the research literature include the following:
The Men's and Women's Programs, also known as the One in Four programs, were written by John Foubert. and is focused on increasing empathy toward rape survivors and motivating people to intervene as bystanders in sexual assault situations. Published data shows that high-risk persons who saw the Men's and Women's Program committed 40% fewer acts of sexually coercive behavior than those who did not. They also committed acts of sexual coercion that were eight times less severe than a control group. Further research also shows that people who saw the Men's and Women's Program reported more efficacy in intervening and greater willingness to help as a bystander after seeing the program. Several additional studies are available documenting its efficacy.
Bringing in the Bystander was written by Victoria Banyard. Its focus is on who bystanders are, when they have helped, and how to intervene as a bystander in risky situations. The program includes a brief empathy induction component and a pledge to intervene in the future. Several studies show strong evidence of favorable outcomes including increased bystander efficacy, increased willingness to intervene as a bystander, and decreased rape myth acceptance.Banyard, Moynihan & Plante, 2007Banyard, Plante & Moynihan, 2004Banyard, Ward, Cohn, Plante, Moorhead, & Walsh, 2007
The MVP: Mentors in Violence Prevention was written by Jackson Katz. This program focuses on discussing a male bystander who did not intervene when a woman was in danger. An emphasis is placed on encouraging men to be active bystanders, rather than standing by when they notice abuse. The bulk of the presentation is on processing hypothetical scenarios. Outcomes reported in research literature include lower levels of sexism and increased belief that participants could prevent violence against women.Cissner, 2009
The Green Dot Bystander Intervention program was written by Dorothy Edwards. This program includes both motivational speeches and peer education focused on bystander intervention. Outcomes show that program participation is associated with reductions in rape myth acceptance and increased bystander intervention.Coker, Cook-Craig, Williams, Fisher, Clear, Garcia & Hegge, 2011
The city of Edmonton, Canada, initiated a public education campaign aimed at potential perpetrators. Posters in bar bathrooms and public transit centers reminded men that "It's not sex when she's wasted" and "It's not sex when he changes his mind". The campaign was so effective that it spread to other cities. "The number of reported sexual assaults fell by 10 per cent last year in Vancouver, after the ads were featured around the city. It was the first time in several years that there was a drop in sexual assault activity."
President Barack Obama and Vice President Joe Biden introduced in September 2014 a nationwide campaign against sexual assault entitled "It's on us". The campaign includes tips against sexual assault, as well as broad scale of private and public pledges to change to provoke a cultural shift, with a focus on student activism, to achieve awareness and prevention nationwide. UC Berkeley, NCAA and Viacom have publicly announced their partnership.
Additionally, CODIS checks whether the qualifying offense sample, DNA taken from an offender for committing a crime, was also a sexual assault. If a person committed sexual offenses in the past, this system would reveal a pattern of serial sexual offending. Using CODIS to compare backlogged rape kit tests can lead to prevention of future sexual assaults.Campbell, R., Pierce, S. J., Sharma, D. B., Feeney, H., & Fehler-Cabral, G. (2016). Developing Empirically Informed Policies for Sexual Assault Kit DNA Testing: Is It Too Late to Test Kits Beyond the Statute of Limitations? Criminal Justice Policy Review, 30(1), 3-27. doi:10.1177/0887403416638507
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The victims of sexual assault:
Age
By gender
A study from 2011 finds that
The National Crime Victimization Survey conducted by the U.S. Justice Department (Bureau of Justice Statistics) found that from 1995 to 2013, men represented 17% of victims of sexual assault and rape on college campuses, and 4% of non-campus sexual assaults and rapes.
LGBT
LGBT identifying individuals, with the exception of lesbian women, are more likely to experience sexual assault on college campuses than heterosexual individuals.
Effects
On average 68% of sexual assaults are estimated to be unreported. The conviction rate for violent sexual assault varies by location around 1-8%. The clearance rate for sexual assault is lower than most violent crimes.
According to the U.S. Department of Justice 1997 Sex Offenses and Offenders Study
In 2001
According to the U.S. Department of Justice 2005 National Crime Victimization Study
College
In the United States, several studies since 1987 have indicated that one in four college women have experienced rape or attempted rape at some point in their lifetime. These studies are based on anonymous surveys of college women, not reports to the police, and the results are disputed.
In 2015, Texas A&M University professor Jason Lindo and his colleagues analyzed over two decades worth of FBI data, noting that reports of rape increased 15–57% around the times of major American football games at Division 1 schools while attempting to find a link between campus rape and alcohol.
A 2006 report from the U.S. Department of Justice titled "The Sexual Victimization of College Women" reports that 3.1% of undergraduates survived rape or attempted rape during a 6–7 month academic year with an additional 10.1% surviving rape prior to college and an additional 10.9% surviving attempted rape prior to college. With no overlap between these groups, these percentages add to 24.1%, or "One in Four".Fisher, Cullen & Turner, 2006
Koss, Gidycz & Wisniewski published a study in 1987 where they interviewed approximately 6,000 college students on 32 college campuses nationwide. They asked several questions covering a wide range of behaviors. From this study 15% of college women answered "yes" to questions about whether they experienced something that met the definition of rape. An additional 12% of women answered "yes" to questions about whether they experienced something that met the definition of attempted rape, thus the statistic One in Four.
A point of contention lies in the leading nature of the questions in the study conducted by Koss, Gidycz & Wisniewski. Koss herself later admitted that the question that had garnered the largest "rape" result was flawed and ultimately rendered the study invalid. Most prominently the problem was that many respondents who had answered yes to several questions had their responses treated as having been raped. The issue being that these same respondents did not feel they had been victimized and never sought redress for grievances. The resultant change shows a prevalence of only 1 in 22 college women having been raped or attempted to be raped during their time at college.
In 1995, the CDC replicated part of this study, however they examined rape only, and did not look at attempted rape. They used a two-stage cluster sample design to produce a nationally representative sample of undergraduate college students aged greater than or equal to 18 years. The first-stage sampling frame contained 2,919 primary sampling units (PSUs), consisting of two- and four-year colleges and universities. The second sampling stage consisted of a random sample drawn from the primary sample unit frame enrolled in the 136 participating colleges and universities to increase the sample size to 4,609 undergraduate college students aged greater than or equal to 18 years old with a representative sample demographic matching the national demographic. Differential sampling rates of the PSU were used to ensure sufficient numbers of male and female, black and Hispanic students in the total sample population. After differential sample weighting, female students represented 55.5% of the sample; white students represented 72.8% of the sample, black students 10.3%, Hispanic students 7.1%, and 9.9% were other. It was determined that nationwide, 13.1% of college students reported that they had been forced to have sexual intercourse against their will during their lifetime. Female students were significantly more likely than male students to report they had ever been forced to have sexual intercourse; 20% of approximately 2500 females (55% of 4,609 samples) and 3.9% of males reported experiencing rape thus far in the course of their lifetime.
Other studies concerning the annual incidence of rape, some studies conclude an occurrence of 5%. The National Survey of Children's Exposure to Violence found that in the 2013–2014 academic year, 4.6% of girls ages 14–17 experienced sexual assault or sexual abuse. In another study, Mohler-Kuo, Dowdall, Koss & Weschler (2004) found in a study of approximately 25,000 college women nationwide that 4.7% experienced rape or attempted rape during a single academic year. This study did not measure lifetime incidence of rape or attempted rape. Similarly, Kilpatrick, Resnick, Ruggiero, Conoscenti, & McCauley (2007) found in a study of 2,000 college women nationwide that 5.2% experienced rape every year.
On campuses, it has been found that alcohol is a prevalent issue in regards to sexual assault. It has been estimated that 1 in 5 women experience an assault, and of those women, 50–75% have had either the attacker, the woman, or both, consume alcohol prior to the assault. Not only has it been a factor in the rates of sexual assault on campus, but because of the prevalence, assaults are also being affected specifically by the inability to give consent when intoxicated and bystanders not knowing when to intervene due to their own intoxication or the intoxication of the victim.
Children
Other research has found that about 80,000 American children are sexually abused each year.
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In the State of New South Wales, sexual assault is a statutory offence punishable under s 61I of the Crimes Act 1900. The term "sexual assault" is equivalent to "rape" in ordinary parlance, while all other assaults of a sexual nature are termed "indecent assault".
To be liable for punishment under the Crimes Act 1900, an offender must intend to commit an act of sexual intercourse as defined under s 61H(1) while having one of the states of knowledge of non-consent defined under s 61HA(3). But s 61HA(3) is an objective standard which only require the person has no reasonable grounds for believing the other person is consenting.See Crimes Act 1900 (NSW) s 61 HA (3) The maximum penalty for sexual assault is 14 years imprisonment.s 61H(1) Crimes Act 1990
Aggravated sexual assault is sexual intercourse with another person without the consent of the other person and in circumstances of aggravation. The maximum penalty is imprisonment for 20 years under s 61J of the Crimes Act.
In the state of Victoria, rape is punishable under s 38 of the Crimes Act 1958, with a maximum penalty of 25 years imprisonment.Crimes Act 1958 (VIC)
In the state of South Australia, rape is punishable under s 48 of the Criminal Law Consolidation Act 1935 (SA) with a maximum term of life imprisonment.Criminal Law Consolidation Act 1935 (SA).
In the state of Western Australia, sexual penetration is punishable under s 325 the Criminal Code Act 1913 with a maximum sentence of 14 years imprisonment.Criminal Code Act 1913 (WA)
In the Northern Territory, offences of sexual intercourse and gross indecency without consent are punishable under s 192 of the Criminal Code Act 1983 and punishable with a maximum sentence of life imprisonment.Criminal Code Act 1983 (NT)
In Queensland, rape and sexual assault are punishable under s 349, Chapter 32 of the Criminal Code Act 1899 with a maximum penalty of life imprisonment.Criminal Code Act 1899 (QLD)
In Tasmania, rape is punishable under s 185 of the Criminal Code Act 1924 with a maximum punishment of 21 years under s389 of the Criminal Code Act 1924.Criminal Code 1924 (TAS)
In the Australian Capital Territory, sexual assault is punishable under Part 3 of the Crimes Act 1900 with a maximum punishment of 17 years.Crimes Act 1900 (ACT)
Sexual assault is considered a gendered crime which results in 85% of sexual assaults never coming to the attention of the criminal justice system according to the Australian Bureau of Statistics.Australian Bureau of Statistics. (2005). Personal Safety Survey. Canberra: ABS This is due to low reporting rates, treatment of victims and distrust of the criminal justice system, difficulty in obtaining evidence and the belief in sexual assault myths.Heath, M. (2005). The law and sexual offences against adults in Australia (Issues No. 4). Melbourne: Australian Centre for the Study of Sexual Assault
However, once a person is charged, the public prosecutor will decide whether the case will proceed to trial based on whether there is sufficient evidence and whether a case is in the public interest.Lievore, D. (2005). Prosecutorial decisions in adult sexual assault cases. Trends and Issues in Crime and Criminal Justice, 291, January. Canberra: Australian Institute of Criminology Once the matter has reached trial, the matter will generally be heard in the District Court. This is because sexually violent crimes are mostly categorised as indictable offences (serious offences), as opposed to summary offences (minor offences). Sexual offences can also be heard in the Supreme Court, but more generally if the matter is being heard as an appeal.
Once the matter is being heard, the prosecution must provide evidence which proves "beyond reasonable doubt" that the offence was committed by the defendant. The standard of proof is vital in checking the power of the State. While as previously stated that each jurisdiction (State and Territory) has its own sexual offence legislation, there are many common elements to any criminal offence that advise on how the offence is defined and what must be proven by the prosecution in order to find the defendant guilty. These elements are known as Actus Reus which comprises the physical element (see Ryan v Regina 1967)Ryan v R 1967 HCA 2; 121 CLR 205 and the Mens Rea which comprises the mental element (see He Kaw Teh (1985)).He Kaw Teh v R (1985) 157 CLR 523
Notable sexual assault cases which have resulted in convictions are Regina v Bilal Skaf 2005R v Bilal Skaf 2005 NSWCCA 297,16 September 2005 and Regina v Mohommed Skaf 2005R v Mohommed Skaf 2005 NSWCCA 298, 16 September 2005 which were highly visible in New South Wales within the media the 2000s. These cases were closely watched by the media and led to legislative changes such as the passing of the Crimes Amendment (Aggravated Sexual Assault in Company) Act 2001 No 62Crimes Amendment (Aggravated Sexual Assault in Company) Act 2001 No 62 which dramatically increased the sentences for 'gang rapists' by creating a new category of crime known as Aggravated Sexual Assault in Company. Changes were also made to the Crimes (Sentencing Procedure) Act 1999.Crimes (Sentencing Procedure) Act 1999 NSW This change is known as the Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004 No 3Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004 No 3 which expands the category of offences in respect of which a Local Court may receive and consider Victim Impact Statements to include some indictable offences which are usually dealt with summarily.
Section 265 of the Criminal Code defines the offences of assault and sexual assault.
Section 271 criminalizes "Sexual assault", section 272 criminalizes "Sexual assault with a weapon, threats to a third party or causing bodily harm" and section 273 criminalizes "Aggravated sexual assault".
273.1 (1) Subject to subsection (2) and subsection 265(3), "consent" means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.
Where no consent obtained
(2) No consent is obtained, for the purposes of sections 271, 272 and 273, where (a) the agreement is expressed by the words or conduct of a person other than the complainant; (b) the complainant is incapable of consenting to the activity; (c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority; (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.
Subsection (2) not limiting
(3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.
Consent
(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of (a) the application of force to the complainant or to a person other than the complainant; (b) threats or fear of the application of force to the complainant or to a person other than the complainant; (c) fraud; or (d) the exercise of authority.
In accordance with 265 (4) an accused may use the defence that he or she believed that the complainant consented, but such a defence may be used only when "a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief"; furthermore according to section 273.2(b) the accused must show that he or she took reasonable steps in order to ascertain the complainant's consent, also 273.2(a) states that if the accused's belief steams from self-induced intoxication, or recklessness or wilful blindness than such belief is not a defence.
(4) Where an accused alleges that he or she believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.
273.2 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where (a) the accused's belief arose from the accused's
(i) self-induced intoxication, or
(ii) recklessness or wilful blindness; or (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting.
The coined phrase regarding this defense was "Moral vs. legal consent".
In 1997, a broader definition was adopted with the 13th criminal amendment, section 177–179, which deals with sexual abuse. Rape is generally reported to the police, although it is also allowed to be reported to the prosecutor or District Court.
As of 2025, the Criminal Code (Strafgesetzbuch) reads:
Subsection (2) defines situations where the victim was unable to consent or coerced as having the same penalty. The other subsections provide additional stipulations on sentencing depending on aggravating or mitigating circumstances.
Section 178 provides that "If, by committing sexual assault, sexual coercion or rape (section 177), the offender causes the victim's death at least recklessly, the penalty is imprisonment for life or imprisonment for a term of at least 10 years."
The act's definition of "sexual violation" incorporates a number of sexual acts, including genital contact short of penetration as well as any contact with the mouth designed to cause sexual arousal. Non-consensual acts that involve actual penetration are included in the separate offence of rape rather than sexual assault.
The Act also created the offences of "compelled sexual assault", when a person forces a second person to commit an act of sexual violation with a third person; and "compelled self-sexual assault", when a person forces another person to masturbate or commit various other sexual acts on theirself.
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
Sections 75 and 76 apply to an offence under this section.
A person guilty of an offence under this section is liable—
Offences committed before the 2003 Act came into force are prosecuted under the Sexual Offences Act 1956 (or in theory earlier legislation), in particular indecent assault.
Section 75 provides a rebuttable presumption that there was no consent in case of violence, intimidation, unlawful imprisonment, unconsciousness, or physical disability or drugs that impair the ability to give consent.
Every U.S. state has its own code of laws, and thus the definition of conduct that constitutes a crime, including a sexual assault, may vary to some degree by state. Some states may refer to sexual assault as "sexual battery" or "criminal sexual conduct".
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