1. 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

2. 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.

3. 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

4. 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.

5. 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.

6. 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

7. 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.

8. 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?

9. 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.

10. 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

11. 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.

12. 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 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

13. 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

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

15. 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.