What is rape / sexual assault

This section hopes to answer any questions that you might have about rape, assault by penetration or sexual assault.

We will take all reports of sexual assault and rape seriously, no matter whether the attack happened recently or a long time ago.

Rape

(read ‘A’ as person accused, and ‘B’ as victim)

• A intentionally penetrates the vagina, anus or mouth of B with his penis
• B does not consent to the penetration
• A does not reasonably believe that B consents

The slightest penetration is enough and it need only be momentary to amount to rape, provided it happened without your consent. You may have consented to vaginal penetration but not anal penetration- this could still be rape. Penetration is the act, which starts at entry with the penis and ends with withdrawal. Ejaculation is not necessary. Your assailant must have penetrated you intentionally, which means it must have been his purpose or his aim rather than a mistake. He must have penetrated you without your consent or continued to penetrate you after you withdrew your consent.

It is up to the man to make sure he has your consent before he proceeds or continues with penetration. In court, he will have to show why he believed you were consenting, by telling the jury the steps he took to make sure.

Assault by penetration

Both men and women can commit this offence, and it can be committed against either a man or a woman.

An assault by penetration occurs when:

• A intentionally penetrates the vagina or anus of B with a part of his body or anything else
• The penetration is sexual
• B does not consent to the penetration and
• A does not reasonably believe that B consents

The penetration can be by a body part such as a finger, or anything else, animal, vegetable, mineral, or any type of object whatsoever. This means that once penetration is proved it is unnecessary to prove by what means it took place. The penetration has to be of the vagina or anus, oral penetration is not included in this offence. As with rape, it has to be intentionally done without your consent. The penetration must be ‘sexual’ which excludes medical examinations carried out with the patient’s consent or in an unconscious patient, in her best interests for medical reasons.

Sexual assault

Both men and women can commit sexual assault and it can be committed against either a male or female.

An offence occurs when:

• A intentionally touches B
• The touching is sexual
• B does not consent to the touching and
• A does not reasonably believe that B consents

Touching has to be sexual, and can be with any item or any body part (whether your assailant’s or anyone else’s) and it can be through your clothes (for assailant’s or anyone else’s) and it can be through your clothes (for example even bottom- pinching could be a sexual assault).

What is consent?

A person consents if he/ she agrees by choice, and has the freedom and capacity to make that choice.

The law recognises that you can withdraw consent at any time before or during a sexual act.

Your agreement has to be by choice.

You must also have the capacity to make your choice.