SafePlace Core Training Sexual Assault: Defining the Problems, Discovering the Facts ADVOCATE CORE TRAINING DEFINITIONS OF SEXUAL ASSAULT UNDERLYING CONDITIONS OF SEXUAL ASSAULT SEXUAL ASSAULT AND OPPRESSION

Sexual Assault Sexual assault is considered an umbrella term that includes a wide range of victimizations, distinct from rape or attempted rape. The term sexual violence is also used in a similar fashion. It may or may not involve force and may or may not be illegal.

How Often Is It Happening? 1 sexual assault occurs every 2 minutes 248,300 victims of rape, attempted rape, or sexual assault in 2007 (RAINN, the most recent data available) These numbers are high! - and remember that sexual assault is the most under-reported crime

To Whom Is it Happening? Less than 11 years old 29.3% 1 in 4 girls and 1 in 6 boys will be sexually assaulted by the age of 18. Overall, 1 in 6 women and 1 in 33 men will experience rape or attempted rape in their lifetime.

Rape – the legal terms Degrees are used to rate the seriousness of the crime – In WA state there is 1st, 2nd, or 3rd degree rape. Generally, the amount of force used determines the degree by which the offender will be charged. The degree charged is also based on what the prosecutor believes s/he can prove - beyond a reasonable doubt – to a jury. This may not reflect what actually happened.

Consent At the time of the act there are actual words or conduct that indicate freely given agreement to sexual activities. What does consent look like? Someone who is drunk, drugged, or incapacitated cannot legally give consent. Why not? This is defined in RCW 9A.44.010

Forcible Compulsion Could be any of the following: physical force that overcomes resistance threat of using a deadly weapon presence of a deadly weapon that places a victim in fear for her/his life or that of others fear of infliction of serious physical injury fear of being kidnapped The amount of force used determines the degree of rape that can be charged.

Penetration Legally, the crime of Rape requires penetration of the vagina or anus, however slight. This can be penetration by object, digit, or penis. How is this different from the definition of sexual assault we discussed earlier?

Rape of a Child Requires penetration of the vagina or anus, however slight. This can be penetration by object, digit, or penis. Sexual intercourse with a child who is under the age of consent (16). Can be perpetrated by an older child as well as an adult.

Degrees of Rape of a Child The degrees are not based on consent or force, but rather the age of the victim and the age of the perpetrator that determine the degree of rape. RCW chapter 9A.44 This does not apply if perpetrator is married to the child. Degree Age of Child Age of Perpetrator 1st 11 or younger 2 years older than victim 2nd 12 to 13 years old 3 years older than victim 3rd 14 to 15 years old 4 years older than victim

Child Molestation Sexual contact with a child under the age of 18 Sexual contact vs. penetration – what is the difference? Like Rape of a Child, age of child and perpetrator determines the degree by which perpetrator will be charged.

Degrees of Child Molestation RCW chapter 9A.44 This does not apply if perpetrator is married to the child. Degree Age of Child Perpetrator 1st 11 or younger 3 years older OR a person who orchestrates sexual contact between someone under 18 and a child 11 years old or younger 2nd 12 to 13 years old a person who orchestrates sexual contact between someone under 18 and a child that is 12 - 13 years old 3rd 14 to 15 years old 4 years older OR a person who orchestrates sexual contact between someone under 18 and a child that is 14 – 15 years old

Incest First Degree – sexual intercourse with a person who is related, either legitimately or illegitimately. Second Degree – sexual contact with a person who is related, either legitimately or illegitimately. RCW 9A.64.020

Sexual Misconduct Sexual Misconduct with a minor involves school employees or volunteers and foster parents with children up to age 18.  (RCW 9A.44.093) Custodial Sexual Misconduct involves correctional facility employees or police officers with children up to age 18.  (RCW 9A.44.160)

Sexual Harassment Ranges from degrading remarks and jokes, to indecent exposure or being touches or brushed in a sexual way. In the work environment, it has been defined as: Unwelcome or unwanted sexual advances, requests for sexual favors or other physical, verbal, or visual conduct that enters in to employment decisions or conduct that interferes with an individual’s work performance. Examples: quid pro quo, hostile work environment Sexual harassment is considered a civil offense.