About Sexual AssaultDefinitions
What is the difference between rape and sexual assault?
The definitions of rape and sexual assault vary widely from state to state and from organization to organization which can be very confusing. The Federal Bureau of Investigation (FBI) defines rape as "the carnal knowledge of a woman by force and against her will by a man." Since the legal definition of forcible rape is so restrictive, many State laws have abandoned this limited definition of a sex offense in favor of the more gender-neutral and broader term "sexual assault." This refers to "any genital, oral, or anal penetration by a part of the perpetrator's body or by an object, using force or without the victim's consent."
For an accurate legal definition, check the law in your state. Below are some general definitions based on information used by the U.S. Department of Justice.
- Rape
- is forced sexual intercourse, including vaginal, anal or oral penetration. Penetration may be by a body part or an object. Anyone may be a victim of rape: women, men or children, straight or gay.
- Sexual assault
- is any type of sexual contact or behavior that occurs without consent. This may or may not include sexual intercourse.
- Date rape or acquaintance rape
- is generally defined as forcible sexual contact by someone known to the victim (a friend, date, acquaintance, etc.).
- Drug-facilitated sexual assault
- is generally used to define situations in which victims are subjected to nonconsensual sexual acts while they are incapacitated or unconscious due to the effects of alcohol and/or other drugs and are therefore, prevented from resisting and/or are unable to give consent.
In general, state laws assume that a person does not consent to sexual activity if he or she is forced, threatened, unconscious, drugged, a minor, developmentally disabled or mentally ill.
Perpetrators of rape or sexual assault can be strangers, friends, acquaintances, or family members. Often, perpetrators commit sexual assault by way of violence, threats, coercion, manipulation or pressure.