Sexual assault is one of the most devastating violent crimes. It deprives us of our most basic human right: the sanctity and safety of our own bodies. Despite common misconceptions, rape is not an erotic act of sexual desire. It is a crime of violence with the intent to control and humiliate, and it is the feeling of humiliation and loss of control that accounts for much of the victim’s suffering.

Sexual assault happens to individuals regardless of sex, age, or relationship between the victim and offender. It is committed against children and adults, males and females, gays, lesbians, transgender persons, strangers, acquaintances, and family members including partners. Approximately 80% of the time, a victim of sexual assault knows the perpetrator. The perpetrators of sexual assault may be from any class, culture, profession, or educational level.

There are four main categories according to the law where consent or permission cannot be give by a victim:

1. Force or threat of force: When the perpetrator uses his/her strength, a weapon, or threats of harm to the victim (including threatening harm to people the victim knows). Even if a victim agrees to sexual contact in this situation, they have not given consent.
2. Coercion or trickery: When the victim is tricked or deceived. Although challenging to imagine, this does occur. Often times, this happens with children who are tricked and/or talked into sexual acts by the perpetrator. With adults, an example could be a perpetrator who disguises themself as someone the victim knows in order to have sexual contact.
3. Incapacitation: A person is incapacitated if they are intoxicated, under influence of drugs and/or alcohol, or if they are unconscious.
4. Incapable: In the State of California, people are incapable of giving consent if they are a minor (under 18 years of age). If you have sexual intercourse with anyone under the age of 18 (unless you are married to them), you are breaking the law. In some cases, people are also incapable of giving consent if they have a mental disorder or disability that requires them to have a conservatorship.

Other Types of Sexual Abuse:

Indecent Exposure: The law defines indecent exposure as the exposure of private parts thereof, in any public place or in any place where there are present other persons to be offended or thereby annoyed. (Sec. 314) The first offense conviction of indecent exposure is a misdemeanor in California, but the second offense constitutes a felony.

Sexual Harassment: The legal definition of sexual harassment states that any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the workplace constitutes as sexual harassment when submission is a condition or term of employment or when this behavior creates a hostile work environment. Obscene Calls: The CA Penal Code (sec. 653m) refers to obscene calls as telephone calls with intent to annoy, and states that any person who, with the intent to annoy, telephones another and addresses to such a person any obscene language or threat to inflict injury, is guilty of a misdemeanor.

It is important to remember that the impact of sexual assault affects the victims as well as their loved ones and community. The families of survivors must also learn to deal with their feelings of grief and pain. Child survivors of sexual abuse often develop behavioral and emotional problems that seriously impact their social and private lives.

Sexual Assault Myths and Facts

MYTH: Sexual assault is a rare occurrence.

FACT: Statistics show that there is a rape every 6 minutes in the United States. 1 in 3 girls and 1 in 6 boys will be sexually assaulted before the age of 18. Sexual assault is still a highly unreported crime; only half of sexual assault victims ever report their victimization. The average rapist attacks ten times before he is caught.

MYTH: Sexual assaults occur mostly among strangers.

FACT: 80% of rape victims know their perpetrators. 35% of sexual assaults occur within the family. It is estimated that incest occurs in one out of twenty families.

MYTH: Women are only raped when they are alone at night, primarily in dark alleys.

FACT: 60% of sexual assaults occur in the victim’s home or at the home of a friend, relative or neighbor. 68% of rapes occur between the hours of 6 p.m. and 6 a.m.

MYTH: Women invite rape by what they wear or how they behave.

FACT: No one asks to be sexually assaulted. You have the right to be safe at any time and any place, no matter what. No woman’s behavior or dress gives a man the right to sexually assault her. The offender, not the survivor, is the one who is responsible for the crime.

MYTH: Rape is an act of sex and passion.

FACT: Sexual assault is a violent crime committed in a sexual manner. It is the sexual release of anger, control or power to inflict violence and humiliation on the victim. Rape is a socially learned behavior; it correlates with history, sex roles, conditioning and sexual violence in the media. Sexual assault has nothing to do with sex or passion - it is a way to gain power and control over a victim.

MYTH: Only young, beautiful women get sexually assaulted.

FACT: Rapists choose their victims for their vulnerability and accessibility without any regard to age or physical appearance. Victims are young and old, single and married, rich and poor, male and female. Victims of reported sexual assaults have ranged from infants to 93 years old.

MYTH: Most sexual assaults involve perpetrators and victims of different races.

FACT: 90% of the men and women involved in sexual assaults are of the same race.

MYTH: Women often lie about being raped to get back at someone.

FACT: FBI statistics show that only 2% of reported rapes are false. This is the same percentage of false reports as for all other crimes.

MYTH: It is impossible for a husband to rape his wife because there is implied consent in a marriage.

FACT: If a woman does not freely consent to sexual activity it is against the law. If a victim is forced or coerced it is sexual assault, regardless of whether she is in a relationship with him or not.

MYTH: Males don’t get raped. If a male is raped it is by a homosexual man.

FACT: It is estimated that 7% of sexual assaults that happen, happen to men. The majority of the time when a male is sexually assaulted the perpetrator is a male, however, 95% of men who sexually assault other males consider themselves to be heterosexual. Same sex assaults are typically more physically violent and the perpetrator generally uses a weapon.

MYTH: Rapists frequently use weapons to accomplish their crimes.

FACT: Over 70% of the time a perpetrator does not use a weapon in a sexual assault. Victims are usually assaulted by a person they know so the perpetrator does not need a weapon. Victims are usually pressured or forced into submission by the rapist’s strength or threats of violence.

MYTH: Sexual offenders are mentally ill.

FACT: Sexual offenders are considered normal in all social groups and classes. Rape and other forms of sexual abuse are learned behaviors that are aggressive and distorted ways of dealing with rage and frustration.

MYTH: Sexual offenders go to jail when they are prosecuted.

FACT: Studies show that only half of sexual assault victims report the crime and of that number less than 2% of the offenders are convicted or sent to jail. Often there is not a trial, but when there is, 50% are acquitted and 40% are convicted of a lesser offense.

MYTH: “Sexual assault could never happen to me.”

FACT: Sexual assault can potentially happen to anyone regardless of age, race, ethnicity, religion or socioeconomic status. It can also happen to men. While you can certainly take steps to minimize your risk of sexual assault, there is nothing you can do to guarantee that you will never be a victim. Victims cannot prevent rape; only rapists can.

Sexual Assault Statistics

• Nationally, 1 in 3 women will be sexually assaulted and 1 in 6 men before age 18.
• 1 in 6 women and 1 in 33 men in the U.S. will be sexually assaulted in their lifetime.
• Sexual assault is reported by 33-46% of women who are being physically assaulted by their husbands.
• 70% of all sexual assaults happen to people under 18
• There were an estimated 248,000 rapes and sexual assaults against victims over the age of 12 in the US in 2001.
• Stranger assault accounts for 20% of reported cases while 80% of reported sexual assault cases happen between two people who know each other.
• 85% of rapes on college campuses are acquaintance rapes.
• In 2006 there were 272,350 victims of rape, attempted rape, or sexual assault. (Not including victims 12 yrs. old and younger.)
• In a study of 6,000 students at 32 colleges in the US, 1 in 4 women had been the victims of rape or attempted rape. 42% of rape victims told no one and only 5% reported to the police.
• About 3% of American men (1 in 33) have experienced an attempted or completed rape in their lifetime.
• 93% of juvenile sexual assault victims know their attacker.
• 1.3 women (age 18 and over) in the U.S. are forcibly raped each minute.