West Virginia Foundation for Rape Information and Services

Understanding Sexual Violence

 

What Is Sexual Violence?

This general definition was drawn from the Center for Disease Control and Prevention website (Basile et al., 2014). (Additional explanation from WV FRIS in parentheses. Definitions specific to criminal offenses in West Virginia can be found under “Laws.”

 

Sexual violence is generally defined by the Center for Disease Control and Prevention (CDC) as a sexual act committed against someone without that person’s freely given consent. (Note that sexual violence involves victims who do not consent or who are unable to consent to the involved sex act(s).) Sexual violence includes:

 

• Completed or attempted forced penetration of a victim: Includes unwanted vaginal, oral, or anal insertion through use of physical force or threats to bring physical harm toward or against the victim.
• Completed or attempted alcohol or drug-facilitated penetration of a victim: Includes unwanted vaginal, oral, or anal insertion when the victim was unable to consent because he or she was too intoxicated (e.g., unconscious, or lack of awareness) through voluntary or involuntary use of alcohol or drugs.
• Completed or attempted forced acts in which a victim is made to penetrate someone: Includes situations when the victim was made, or there was an attempt to make the victim, sexually penetrate a perpetrator or someone else without the victim’s consent because the victim was physically forced or threatened with physical harm.
• Completed or attempted alcohol or drug-facilitated acts in which a victim is made to penetrate someone: Includes situations when the victim was made, or there was an attempt to make the victim, sexually penetrate a perpetrator or someone else without the victim’s consent because the victim was too intoxicated (e.g., unconscious, or lack of awareness) through voluntary or involuntary use of alcohol or drugs.
• Nonphysical forced penetration which occurs after a person is pressured to consent or submit to being penetrated: Includes being worn down by someone who repeatedly asked for sex or showed they were unhappy; having someone threaten to end a relationship or spread rumors; and sexual pressure by misuse of influence or authority.
• Unwanted sexual contact: Includes intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person without his or her consent, or of a person who is unable to consent. Unwanted sexual contact also includes making a victim touch the perpetrator. Unwanted sexual contact can be referred to as “sexual harassment” in some contexts, such as a school or workplace.
• Noncontact unwanted sexual experiences: Includes unwanted sexual attention that does not involve physical contact. Some examples are verbal sexual harassment (e.g., making sexual comments) or unwanted exposure to pornography. This occurs without a person’s consent and sometimes, without the victim’s knowledge. This type of sexual violence can occur in many different settings, such as school, the workplace, in public, or through technology.

In addition to this website section, see the section on Sexual Harassment for more on that form of sexual violence. Also see the section on Campus Interpersonal Violence, which is inclusive of sexual violence, domestic and dating violence and stalking.

 

Sexual Violence in West Virginia

As described in the Laws section of this website, there are two main classifications of criminal sex offenses in West Virginia—sexual assault and sexual abuse. Sexual assault involves sexual intercourse or sexual intrusion without consent. Some acts which fall under the category of sexual assault include forced completed and attempted sexual intercourse (rape), sodomy (oral or anal sexual acts) and object penetration (e.g., penetrating someone's vagina or anus, or causing that person to penetrate her or himself, against that person's will). Sexual abuse involves nonconsensual sexual contact (e.g., unwanted sexual touching).

 

Note that there are a variety of additional criminal offenses of the sexual nature under state law, including filming of sexually explicit conduct of minors, child abuse, incest, and nonconsensual disclosure of private intimate images and sex trafficking.

 

Professionals tend to use a number of terms interchangeably to discuss sexual violence. Keep in mind that when discussing state and federal criminal offenses, specific terms are used to describe specific acts. More generally, however, “sexual violence” and “sexual assault” are used as umbrella terms to describe an array of acts as listed in the CDC definition.

 

Also note that not every type of sexual violence is considered a criminal offense. For example, verbal sexual harassment is not a criminal offense in and of itself. It may, however, be a school or workplace violation.

 

Crimes of sexual violence are among the most underreported offenses in the United States. In any form, sexual violence can be devastating to victims.

 

Sexual violence can happen to anyone at any age, at any place, at any time. Offenders commit sexual assault through violence, threats, coercion, manipulation and/or pressure. Offenders can be strangers, acquaintances, friends or family members. Sometimes sexual violence is described based on the relationship status between victims and perpetrators, such as stranger sexual assault, marital rape, intimate partner sexual assault, dating sexual violence, sexual contact with minors, incest (sexual assault and sexual abuse committed by a family member)

 

Sexual assault is primarily a crime of power and dominance. Through this act, perpetrators take control over and violate their victims in a most personal way. Sexual assault is not typically caused by an uncontrollable sexual desire, even if satisfying sexual desire may be an aspect of the violence.

 

In many cases, perpetrators plan their sexual assaults. They may target individuals who are accessible, vulnerable, and perceive to be lacking in credibility (and thus may not be believed or taken seriously even if they report the assault to law enforcement). To facilitate sexual assault, perpetrators may use a number of tactics. For example, they may surprise victims by catching them off guard, drug them, or use coercion, threats or manipulation. What a victim is wearing or doing prior to the sexual assault does not cause the sexual assault. Few convicted rapists even remember how their victims were dressed or what they looked like. 

 

 

Facts

Make sure you have the right information. If you think...

 

"Sexual violence can happen to anyone."

Yes, it can. Sexual violence can happen to anyone – regardless of gender, race, age, sexual orientation, socio-economic status, or religion. Victims of sexual assault include infants, adults in later life, people of color, LGBT individuals, individuals with disabilities, women and men. In West Virginia, it is estimated that 1 in 6 adult women and 1 in 21 adult men will be a victim of an attempted or completed sexual assault in her/his lifetime (WV Health Statistics Center, BRFSS, 2008).

 

• Teens 16 to 19 are 4 times more likely to be victims of rape than the general population (National Crime Victimization Survey, 2000).
• Ages 12-24 are the highest risk years.
• 15% of victims are under the age of 12 (RAINN).

 

"Sexual violence is never the victim's fault."

Sexual violence is NEVER the victim's fault. It doesn't matter if someone was dressed seductively, drinking or using drugs, out at night alone, on a date with the perpetrator, etc. – no one asks to be raped. The responsibility and blame lie with the perpetrator, never with the victim.

 

The absence of injuries often suggests to others that the victim failed to resist and, therefore, must have consented. Often, rapists only need the threat of violence to control their victims. They also sometimes use drugs to incapacitate their victims.

 

Some victims submit to the assault for fear of greater harm. Submitting does not mean the victim gave consent. Each rape victim does whatever she/he needs to do at the time in order to survive. 

 

 

"If a child is being sexually abused, they likely will not tell anyone right away."

Because they are confused by the abuse, feel responsible, or are being threatened by the abuser, children don't automatically tell a parent.

 

Be sure to talk frequently and openly about sexual abuse with your child. The more they know and the more comfortable they feel talking to you, the more willing they may be to report sexual abuse. 

 

 

"Males cannot be expected to prevent their own rape."

Many people mistakenly believe that men should be able to prevent the assault by putting up a fight. A common belief is that if a man failed to fight off an attack, he is weak. No rape victim – male or female, gay or straight – should be judged for failure to stop an assault.

 

Some people also believe that if the victim is homosexual or had an erection during the assault, he enjoyed it. A sexual response is physiological and not within the victim's control – just because his body reacted sexually does not mean he enjoyed the abuse. 

 

 

"Rape can happen in a dating relationship."

Rape is rape, no matter what the relationship is between the victim and perpetrator. Rape is not just committed by strangers. In 2009, 46.6% of assaults were committed by an acquaintance, 7.4% of those were by an intimate partner (WV-IBRS).

 

Everyone has the right to change their mind – including about sex. One form of sexual contact does not necessarily open the door to other sexual activity. Even if two people have had sex before, one does not have the right to force sex on the other.

 

There are many ways a person can be forced into sexual activity. Sometimes perpetrators use physical force or a weapon, but more often they use coercion, manipulation, or psychological pressure.

 

 

"Most rapes are not committed by strangers."

It is a common misconception that most sexual assaults are committed by strangers. You are more likely to be sexually assaulted by someone you know – a friend, date, classmate, neighbor, or relative – than by a stranger. Familiar people and places are often more dangerous.

 

More than 50% of all rape/sexual assault incidents were reported by victims to have occurred within 1 mile of their home or at their home (RAINN).

 

• 4 in 10 take place at the victim's home.
• 2 in 10 take place at the home of a friend, neighbor, or relative.
• 1 in 12 take place in a parking garage.

In West Virginia (WV-IBRS, 2009):

 

• 70% of reported sex offenses occurred at a residence or in a home.
• Nearly 82% of all sexual assaults were committed by someone known to the victim. 46.6% of assaults were committed by an acquaintance, 7.4% by an intimate partner, and 27.6% by 'other' family (e.g., in-law, sibling).

 

"A small percentage of rapes are false reports."

According to studies, false accusations of rape only account for 2%-8% of all reported sexual assaults – no higher than false reports for any other crimes. 

 

 

"Most rapes are committed as an act of power and control and degradation."

Forcing someone to engage in a sexual act against her/his will is an act of violence and aggression. The perpetrator is using sex as a weapon to gain power and control over the other person. Most sexual assaults are planned in advaMost sexual assaults are planned in advance, making the excuse implausible that what a victim was wearing seduced the offender, therefore causing the rape.

 

 

Additional Facts

 

Drugs and Alcohol

Although drugs and alcohol are often involved in sexual assaults, they are not the cause. Offenders become less inhibited with drug and alcohol use, but since most assaults are planned in advance drugs do not cause the assault. Many victims have found that their ability to react was impaired because they were drinking or taking drugs, or that they were drugged to a level of incapacitation. In West Virginia, someone who is incapacitated cannot consent to sexual intercourse.

 

Research indicates at least half of all acquaintance sexual assaults involve alcohol consumption by the perpetrator, the victim or most commonly, both (Norris, 2008; NIJ Special Report).

 

 

Believing "No" Means "Yes"

People who regard sex as "scoring" often believe "no" can be changed to "yes" with a little more pressure or force. Acquaintance rape often masquerades as seduction, with the perpetrators rarely feeling they have done anything wrong. They believe that pressure is a legitimate way to get what they want.

 

 

Risk Reduction

Sexual violence is never the victim's fault; however, taking these precautions could potentially reduce your risk of being assaulted.

 

• Trust your instinct. If you don't feel comfortable in a situation, leave.
• Stay in charge of your own life. If possible, don't put yourself in situations where you have to rely on others financially or for housing or are made to feel you "owe" someone.
• Be cautious inviting someone into your home or going to someone else's home.
• Do not mix sexual decisions with drugs and alcohol.
• When going out with someone new, go out with a group or meet in a public place.
• Be aware of drugs used to facilitate rape. Don't accept beverages from open containers and don't leave your drink unattended.
• Do not be pressured by lines such as, "If you loved me." If your partner loved you, he/she would respect your feelings.
• Avoid individuals who:
  • don't respect you
  • ignore personal boundaries
  • make you feel guilty or accuse you of being "uptight" for resisting sexual advances
  • express sexist attitudes and jokes
  • are jealous or possessive
• Communicate. Think about what you really want before you get into a sexual situation. Clearly and assertively communicate your feelings to your partner or date.

 

 

References

Basile, K.C., Smith, S.G., Breiding, M.J., Black, M.C. & Mahendra, R.R. (2014). Sexual Violence Surveillance: Uniform Definitions and Recommended Data Elements, Version 2.0. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention; 2014.

 

Norris, J. (2008, December). The Relationship Between Alcohol Consumption and Sexual Violence. Harrisburg, PA: VAWnet Retrieved April, 2011 from: www.vawnet.org

 

Retrieved April, 2011 from www.rainn.org. Original Source: U.S. Department of Justice, Bureau of Statistics. 1997 Sex Offenses and Offenders Study. 1997

 

U.S. Department of Justice, NIJ Special Report. Findings from the National Violence Against Women Survey. Extent, Nature, and Consequences of Rape Victimization from www.ojp.usdoj.gov/nij

 

U.S. Department of Justice. 2000 National Crime Victimization Survey, 2000.

 

West Virginia Bureau for Public Health, Health Statistics Center (2008). Behavioral risk factor surveillance system survey. Charleston, WV: Department of Health and Human Resources. See www.wvdhhr.org/bph/hsc/

 

West Virginia Incident-Based Reporting System, 2009. Retrieved April, 2011 from: https://apps.wv.gov/dcjs/sac/