What is rape?

. Thursday, 2 July 2009
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http://thumbs.dreamstime.com/thumb_114/1169217091KfSZvo.jpgRape is any kind of sexual intercourse (vaginal, oral, or anal) that is committed against a person's will or is committed with physical force or with a threat to hurt the victim or another person. It is also considered rape if the victim is intoxicated or unconscious and unable to give consent. Rape and sexual assault are not about sexual desire--they are about power and control.

Sexual assault is the legal term for rape, and it also encompasses other behaviors beyond forced sexual intercourse. Sexual assault can be any unwanted sexual contact, such as unwanted touching, fondling, or groping of sexual body parts. It can be committed by the use of threats or force or when someone takes advantage of circumstances that render a person incapable of giving consent, such as intoxication.

There are specific definitions for the degrees of sexual assault and legal definitions can vary from state to state. Rhode Island law defines these as:

  • 1st Degree Sexual Assault -- sexual penetration of any orifice of the victim's body by a body part or object, achieved through force, threat of force or coercion.
  • 2nd Degree Sexual Assault -- physical contact of a sexual nature without consent, with a victim's genitals or buttocks or a woman's breasts.
  • 3rd Degree Sexual Assault -- sexual activity between one party who is 18 years of age or older and one who is under 16 years of age. (Sixteen is the age of consent in Rhode Island)

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