Defining Rape and Sexual Assault

Defining Rape

Although specific states may have slightly different definitions, the U.S. Department of Justice provides the following:

• Rape is the crime of forcibly engaging in sexual intercourse with a person who has not consented. Rape includes using psychological coercion and/or physical force. Forced sexual intercourse means vaginal, anal or oral penetration by the offender(s). This category includes incidents where the penetration is from a foreign object such as a bottle. This definition includes attempted rapes, male and female victims, and heterosexual and homosexual rape.

Although “stranger rape” does occur, a much greater percentage of rapes are committed by people who know their victims, and is referred to as “acquaintance rape” or “date rape”. Statistics reported by the Centers for Disease Control and Prevention (CDC) in 2013 revealed that more than 90 percent of adolescent rape victims say they were acquainted with their attackers.

Acquaintance rape is a violent “power trip” on the part of the perpetrator and a violation of your body and trust. It is wrong, and it is illegal.

Defining Sexual Assault

Sexual assault is any unwanted sexual contact or attention made through force, threats, bribes, manipulation, pressure, tricks or violence. It may be physical or non-physical and includes rape, attempted rape, child molestation, incest and sexual harassment. All forms of sexual assault are crimes.

The U.S. Department of Justice defines sexual assault this way:

• Sexual assault includes a wide range of victimizations, distinct from rape or attempted rape. These crimes include completed or attempted attacks generally involving unwanted sexual contact between the victim and offender. Sexual assaults may or may not involve force and include such things as grabbing or fondling. Sexual assault also includes verbal threats.

Sexual Assault is Never the Victim’s Fault

Being forced to do anything sexually against your will (including unwanted touching or intercourse) and verbal threats of unwanted sexual contact are illegal and defined as sexual assault or rape.

Going on a date with someone, previously having sex with someone or being willing to participate in lighter sexual activity with someone does not mean that you have consented to have sex with that person.

Even if you feel somehow guilty or that things “went too far,” you still have a right to say no at any time during sex, and your partner needs to listen and respect your wishes.

You may feel embarrassed, ashamed, or frightened afterwards, but you should still confront the perpetrator and let your parents or someone know so that they can help you and so that the perpetrator doesn’t do it to someone else.

Any time you do not want to have intercourse or sexual contact with someone and that person disregards your wishes, forcing you to have intercourse, sexual contact, or threatening you if you don’t agree to do so: that is sexual assault or rape.

Last Reviewed: November 2019