Sexual assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will.[1] 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.[1][2][3]
This article is about human sexual assault. For similar behavior in other animals, see Sexual coercion among animals.Sexual assault
Emotional and psychological effects
Aside from physical traumas, rape and other sexual assault often result in long-term emotional effects, particularly in child victims. These can include, but are not limited to: denial, learned helplessness, genophobia, anger, self-blame, anxiety, shame, nightmares, fear, depression, flashbacks, guilt, rationalization, moodswings, numbness, hypersexuality, loneliness, social anxiety, difficulty trusting oneself or others, and difficulty concentrating.[43]
Sexual assault increases an individual's risk to developing psychopathology.[44] 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 and obsessive–compulsive disorders.[44] Experiencing sexual assault also increases the risk of developing anxiety disorders, major depressive disorder, eating disorders, addiction, or other psychopathologies.[44] Individuals who develop psychological disorders following sexual assault have increased frequency and severity of psychopathology compared with individuals who have not experienced sexual assault.[44]
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".[43]
Physical effects
While sexual assault, including rape, can result in physical trauma, many people who experience sexual assault will not suffer any physical injury.[45] Rape myths suggest that the stereotypical victim of sexual violence is a bruised and battered young woman. The central issue in many cases of rape or other sexual assault is whether or not both parties consented to the sexual activity or whether or not both parties had the capacity to do so. Thus, physical force resulting in visible physical injury is not always seen. This stereotype can be damaging because people who have experienced sexual assault but have no physical trauma may be less inclined to report to the authorities or to seek health care.[46] However, women who experienced rape or physical violence by a partner were more likely than people who had not experienced this violence to report frequent headaches, chronic pain, difficulty sleeping, activity limitation, poor physical health, and poor mental health.[47]
Economic effects
Due to rape or sexual assault, or the threat of, there are many resulting impacts on income and commerce at the macro level. Excluding child abuse, each rape or sexual assault costs $5,100 in tangible losses (lost productivity, medical and mental health care, police/fire services, and property damage) and $81,400 in lost quality of life.[48] This issue has been addressed in the Supreme Court. In his dissenting opinion of the U.S. Supreme Court case U.S. v. Morrison, Justice Souter explained that 75% of women never go to the movies alone at night and nearly 50% will not ride public transportation out of fear of rape or sexual assault. It also stated that less than 1% of victims collect damages and 50% of women lose their jobs or quit after the trauma. The court ruled in U.S. v. Morrison that Congress did not have the authority to enact part of the Violence Against Women Act because it did not have a direct impact on commerce. The Commerce Clause of Article I Section VII of the U.S. Constitution gives authority and jurisdiction to the Federal government in matters of interstate commerce. As a result, the victim was unable to sue her attacker in Federal Court.
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[49] and face increased rates of unemployment.[50] Survivors of rape by an intimate partner lose an average of $69 per day due to unpaid time off from work.[51] 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.[52]
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.[53]
Medical and psychological treatment of victims
In the emergency room, emergency contraceptive medications are offered to women raped by men because about 5% of such rapes result in pregnancy.[54] Preventative medication against sexually transmitted infections are given to victims of all types of sexual assault (especially for the most common diseases like chlamydia, gonorrhea, trichomoniasis and bacterial vaginosis) and a blood serum is collected to test for STIs (such as HIV, hepatitis B and syphilis).[54] Any survivor with abrasions are immunized for tetanus if five years have elapsed since the last immunization.[54] Short-term treatment with a benzodiazepine may help with acute anxiety and antidepressants may be helpful for symptoms of PTSD, depression and panic attacks.[54] Eye movement desensitization and reprocessing (EMDR) has also been proposed as a psychiatric treatment for victims of sexual assault.[55] With regard to long term psychological treatment, prolonged exposure therapy has been tested as a method of long-term PTSD treatment for victims of sexual abuse.[56]
By jurisdiction
Australia
Within Australia, the term sexual assault is used to describe a variation of sexual offences. This is due to a variety of definitions and use of terminology to describe sexual offences within territories and states as each territory and state have their own legislation to define rape, attempted rape, sexual assault, aggravated sexual assault, sexual penetration or intercourse without consent and sexual violence.
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.[99] The maximum penalty for sexual assault is 14 years imprisonment.[100]
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.[101]
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.[102]
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.[103]
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.[104]
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.[105]
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.[106]
In the Australian Capital Territory, sexual assault is punishable under Part 3 of the Crimes Act 1900 with a maximum punishment of 17 years.[107]
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.[108] 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.[109]
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.[110] 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.[111] 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.[111] These elements are known as Actus Reus which comprises the physical element (see Ryan v Regina [1967])[112] and the Mens Rea which comprises the mental element (see He Kaw Teh (1985)).[113]
Notable sexual assault cases which have resulted in convictions are Regina v Bilal Skaf [2005][114] and Regina v Mohommed Skaf [2005][115] 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 62[116] 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.[117] This change is known as the Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004 No 3[118] 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.
Canada
Sexual assault is defined as sexual contact with another person without that other person's consent. Consent is defined in section 273.1(1) as "the voluntary agreement of the complainant to engage in the sexual activity in question".
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".