What is Sexual Assault
Although often hidden, not reported, ignored and untreated, sexual abuses, violence and crimes are serious, damaging and possibly increasing social problems in Australia, and worldwide.
Men, women and children are directly targeted and violated. The impact can last a lifetime.
Sexual abuse, assault and sexual violence are linked to social and historical attitudes, conditions and behaviours in relation to victims and the abuse of power. The victim is often blamed. In some cultures, a rape victim may be stoned to death. In our ‘civilised’ society, a sexual assault victim (including a child) going through the court must expect to be blamed, accused of causing it, agreeing to it, be humiliated, have their words twisted, their character abused, have their sexual and medical history exposed, while an accused has the right to silence, doesn’t have to say a word, and his choice to say nothing cannot be held against him or her.
(Since ‘The Right of Silence’ was based on the notion that an accused didn’t have to self incriminate because you could be put to death for some crimes, and that doesn’t happen here anymore, perhaps it’s time this antiquated, unfair, cruel ‘cornerstone of justice’ was removed.)
However, at this time, that’s the system. Preparation is the key to being a competent witness.
What is Sexual Assault?
Sexual assault is any form of unwanted sexual behaviour (verbal, visual, or physical) that is forced upon a person. If the victim is a child, stages of grooming, coercion, bribing, conning, entrapping the child extend the idea of ‘forced’. Sexual abuse and assault is committed in many different situations such as in the home, by a relative, by someone you know, a neighbour, a teacher or other professional, by church employees lay and clerical, etc – by a stranger or several strangers, in an isolated place, in war. Child abuse and sexual grooming will be expanded in the section ‘ Child Sexual abuse’.
Forms of sexual abuse and assault include: (list not exhaustive)
- Inappropriate or unwelcome touching of a ‘private area’
- Sexual harassment
- Rape (i.e. non-consensual/forced sexual intercourse that includes any unwanted or illegal penetration of the mouth,vagina or anus)
- Attempted rape
- Child molestation (See section on Child Abuse)
- Incest (sexual contact between family members)
- Forcing someone to touch another in a sexual way or place
- Voyeurism (viewing private sexual acts or people undressing)
- Exhibitionism (exposing naked parts of the body to other people)
- Sexting (using modern technology ie computers, mobile phones to expose or distribute sexually-based material)
- Producing or viewing child pornography
The age of the victim, the difference in age between a victim and an offender use of weapons or acts ‘in company’ can identify or increase the criminality of a crime.
What is Sexual Consent?
Sexual consent is when one adult person agrees to or gives permission to another person to engage in sexual activity (anything from touching and kissing to penetration).
A child cannot give consent.
The only unambiguous way to communicate whether or not you give your sexual consent is to tell the other person. Everyone has the right to say ‘no’. It is important to remember that consent to some sexual activities such as kissing or touching, does not automatically imply that you have consented to sexual intercourse or that you have led the other person on. Everyone has the right to change their mind at any time regardless of previous intimacy with the person. Courts are places where the line between consent and non-consent is decided.
A person who is deemed to have been drunk or drugged at the time cannot now legally said to have consented. It is a recent improvement in handling sexual assault matters.
See useful links for support and contact information.