A crime is characterized as sexual assault when the victim is threatened
into performing a sexual act. The Federal Bureau of Investigates has a
list of characteristics that a situation has to have in order to be called
rape, but in essence, any form of sexual violence against a person of
any gender or age is considered as rape. Torture in a sexual manner, forced
kissing, or groping is all considered sexual assault. Even simply forcing
someone to masturbate or forcing a person watch as you masturbate is considered rape.
Consent and saying “no”
According to the FBI, rape is defined as penetration through any orifice
– vaginal, anal, or oral – with any body part or object, without
the victim’s consent. The concept of consent is detrimental to filing
a rape case. Because consent is something that you cannot measure, most
juries prefer to have verbally or physically saying no as evidence. However,
more and more cases are being brought into light where victims are being
frightened enough not to say or do anything to fend off their rapist.
Out of 10 sexual assaults, 8 were done purely with the use of physical force.
But how do you know that consent was given or present? There are three
considerations when looking at the presence of consent: the age of the
participants, capacity of the participants to consent, and agreement to
take part in the sexual act. The last one is the most common, with both
participants initiating and taking part in the act. The first is quite
simple, having sex with minors (younger than 18 years old) is considered
statutory rape, even in the presence of the minor agreeing to the act.
The second refers to the capacity of the person to consent, such as mentally
According to the Rape, Abuse, and Incest National Network (RAINN), one
in every six American women are victims of rape. Out of these numbers,
14.8 percent were victims of completed rape and 2.8 percent were victims
of attempted rape. That’s over 17.7 million American women. 9 out
10 times a rape happens, the victim is a woman. Compared to women, only
3 percent of men (1 in 33 American men) have been rape victims. That’s
a little less than 3 million men, at 2.78 million American men.
One of the scarier statistics is that of child victims. 15 percent of the
total number of rape victims in the US was younger than 12 years old.
Not only, is it considered statutory rape to have sexual intercourse with
a minor, children who are being raped are getting younger and younger.
When you classify rape victims according to their age, here are the results:
- 29 percent aged 12-17
- 44 percent younger than 18
- 80 percent younger than 30
The ages that have the highest risk of getting raped are ages between 12
and 34, with girls aged between 16 and 19 four times more likely to get
raped than the general population. Consult about rape and other criminal
and personal injury cases at Kyle Law Firm to get started on your case.