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WHAT IS SEXUAL ASSAULT?

Sexual Assault is any sexual contact or sexual attention committed by force, threats, bribes, manipulation, pressure, tricks, or violence.

It includes rape and attempted rape, child sexual abuse, incest, and sexual harassment.  Like domestic violence, sexual assault is a crime of power and control.  Assailants can be strangers, acquaintances, friends, dates, or family members (including spouses).

FORCE CONTINUUM

1. Only partners with equal power can freely consent.  Equal power means partners have equal knowledge and economic status, and are of similar ages.  Although no partners are exactly equal in all areas, there needs to be a balance approaching evenness.

In child sexual assault there is no issue of consent.  It is not up to children to consent or not consent to sexual contact with adults.  Children are not capable of such a decision.  For teens, especially of similar ages, consent needs to be defined.  In nearly all states the law defines the age of consent as 16, because society agrees that people younger than that don’t have experience and knowledge to give consent.

2. When one partner agrees to have sex in order to fulfill the other’s needs, although he or she may not be as interested in sex at the moment, it is still consent if they are equal partners.
3. Economic partnership exists when one person provides sex as part of a partnership agreement.  In the past, women were not expected to like sex, but were expected to go along with it as part of marriage.  However, if force  is used, even within marriage, it becomes non-consenting sex.

Prostitution is also an economic bargain.  Consent may be considered present if there is not physical violence, and the prostitute is of age.  It is child sexual assault if a child below the age of consent enters into a prostitution agreement, despite the economic bargain.

4. Seduction means one person tries to persuade the other person to have sex.  When considering consent, the question becomes, "What kind of persuasion is used?"  The seduction is positive if it is a genuine, friendly, gentle show of feelings.  The other person may not use words, but music, lighting or small gifts.  It is riot seduction if force, bribery or emotional blackmail is used.
5. Silent rape occurs if one partner gives in and has sex for fear of potential violence if s/he resists.  Although there may be no obvious threat, the victim senses a willingness on the other’s part to use violence, and therefore decides "to go along" with the sex, rather than experience the powerlessness of being forced.  Although this is not legally rape, true consent is not present.
6. Bribery or coercion involves emotional and psychological force.  It is often used in relationships of unequal power.  The bribery or coercion may be an extension of the natural authority one partner has over the other.  A counselor who says to a client, "It will be good for you," is abusing the client’s trust to gain sexual contact.  An adult who gets a teen to go along with sexual activity, simply by telling the teen to, is using adult authority.  A neighbor who says, "I’ll let you ride my motorcycle is you pose for pictures nude," is using both adult authority and bribery.
7. Acquaintance rape occurs when the trust of a relationship is used to get another into a powerless or defenseless position.  It is a rape when force or  threats are used to gain sexual contact.
8. Stranger rape is the most obviously forced non-consenting sexual contact.  Stranger rape almost always involves threatened or actual physical violence.

from "NO IS NOT ENOUGH: Helping Teenagers Avoid Sexual Assault" ©1984 by Caren Adams, Jennifer Fay, and Jan Loreen-Martin

 

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