Rape or Sexual Assault

Rape or Sexual Assault

A person cleaning a shower

Rape is:

  • having sex with a person who does not want to have sex with you
  • forcing someone to have sex with you
  • threatening to injure someone to make them have sex with you
  • having sex with a person who is unconscious
  • having sex with a person who is affected by drugs or alcohol and may not be able to say.

    Having sex with someone in these kinds of situations is also called sexual assault.

Sexual assault occurs when: “the offender engages in sexual penetration with another person without consent of that person.”  To determine if consent has occurred, the court looks at “whether the victim was temporarily incapable of understanding that they were engaged in sexual penetration with the defendant.”  If an individual was drunk, high, or unconscious when the sexual act occurred, it is more likely the court will find that that individual was unable to provide consent and a sexual assault occurred.

Rape is never the fault of the victim.  However, you can take common sense measures to make it less likely you will be the victim of a sexual assault.  Do not walk alone at night, always tell someone where you are going, be aware of your surroundings, and do not wear headphones.  When going to a party, keep an eye out for your friends and make sure they know where you are.  Do not leave your drink unattended.