Rape or sexual assault are sexual acts carried out on a person without that person agreeing /consenting to it, or where that person is/feels forced into it against their will. The legal definition of rape involves penile penetration of the vagina,anus or mouth of another person without their consent. A sexual assault has occurred when a person’s vagina, anus or mouth is penetrated in a sexual way (not necessarily with a penis), or when a person is touched in a sexual way, by anotherperson(s) without their consent.It is important to note that rape and assault can occur in situations where a person does not have the capacity to give consent. Stealthing, where a person removes a condom before or during sex, having agreed to use one, is also rape.
Rape and sexual assault are forms of sexual violence. There is no excuse for sexual violence; it can never be justified, it can never be explained away and there is no situation where it is deemed understandable or acceptable. Rape and sexualassault can happen to anyone regardless of age or gender, race, social status or religion. They are criminal offences and can be reported to the police in the same way as any other crime.There is no time limit to reporting a rape or sexual assault, and it can be reported to police anywhere in the country.
What is consent?
Consent is important in all parts of our lives, and this includes consent to sexual activity. It is not simply saying or showing that you choose to have sex, but being free from fear, pressure and exploitation to make that decision (having capacity). Different things can affect how someone gives consent, like drinking alcohol, taking drugs, power imbalance, age of partner and more.
Consent can be a continuous dialogue about what you like and want, and what you don’t like, and don’t want. ?You can also show someone you don’t consent using your actions and body language. The absence of saying ‘no’ does not mean ‘yes’. It is your right to say no and/or to withdraw your consent at any time.
It doesn’t matter who the other person is, what your relationship with them is, how far you’ve gone with them or others in the past. Physical, emotional and psychological pressure, alcohol and drugs may all be used to coerce someone into sexual activity.
In the UK, the legal age of consent for sexual activity is 16 years for everyone.
What to do if you have been assaulted/raped
If you have been sexually assaulted, it is very important you know it was not your fault. Go somewhere you feel safe, don’t be afraid to get help. Talk to a friend or family member you trust or contact one of the support services below. For specialistmedical attention and practical or emotional support following sexual violence (whether you decide to involve the police or not) your first point of contact should be a sexual assault referral centre (SARC). They have specially trained doctors,nurses and support workers to care for you.
You may want to report the assault to the police. You can do this direct yourself by calling 101 or your nearest SARC may assist you to do so. On the other hand, you don’t have to report the assault to police if you don’t want to and sometimesyou may need time to think about what has happened first.
If you do report it, the police will investigate the assault. This will involve you having a forensic medical examination and making a statement about what happened. The police will pass their findings, including the forensic report, to the CrownProsecution Service, who will decide whether the case should go to trial.
A forensic medical examination usually takes place at a SARC or in a police suite. A doctor or nurse specially trained in sexual assault forensic medicine examines you and takes swabs from you that can be used as evidence if your case goes tocourt. The earlier this takes place the better, preferably within seven days of the assault. Below are suggested forensic windows - these are timelines within which it is recommended to collect evidence. Try not to wash or change your clothes immediately after a sexual assault. This may destroy forensic evidence that could be important.
Forensic Timelines:
- Oral penetration - 48 hours / 2 days
- Anal penetration - 72 hours / 3 days
- Vaginal penetration - 168 hours / 7 days
- Digital vaginal - 48 hours / 2 days
- Digital anal - 48 hours / 2 days?
Other types of care required after an assault/rape
You also need to consider if you have been put at risk of pregnancy or sexually transmitted infections (STI). If so you can receive emergency contraception, get tested for STIs and also be considered for Hepatitis B vaccination as post-exposure prevention. Hepatitis B vaccinations are indicated within 7 days for anyone who has experienced rape or sexual assault.
Havens or London SARCs will offer emergency contraception, PEP and Hepatitis B vaccinations and any other emergency medical care as appropriate when you first attend. You will usually be referred to SHL or your local sexual health clinic for follow-up tests.
Support Organisations
Where you go for help can depend on what’s available in your area and what you want to do. The below are organisations can help you decide