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Sexual assault

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Sexual assault (SA) is an act of sexual abuse in which one person intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will.[1] It is a form of sexual violence that includes child sexual abuse, groping (forcing unsolicited, sexualized touching onto another person), rape (forced sexual penetration, no matter how slight), forced kissing, drug facilitated sexual assault, or the torture of the person in a sexual manner often with nudity as a precursor.[1][2][3]

Definition

Generally, sexual assault is defined as unwanted sexual contact.[4] The National Center for Victims of Crime states:[5]

Sexual assault takes many forms including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats. Usually a sexual assault occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent.

In the United States, the definition of sexual assault varies widely among the individual states. However, in most states sexual assault occurs when there is lack of consent from one of the individuals involved. Consent must take place between two adults who are not incapacitated and consent may change, by being withdrawn, at any time during the sexual act.[6] Sexual assault can be defined as violation of consent according to standards of substantive equality or formal equality.[7]

Types

Child sexual abuse

Child sexual abuse is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation.[8][9] Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities (regardless of the outcome), actual sexual contact against a child, physical contact with the child's genitals, or using a child to produce child pornography,[8][10][11] including live streaming sexual abuse.[12]

The effects of child sexual abuse include depression,[13] post-traumatic stress disorder,[14] anxiety,[15] propensity to re-victimization in adulthood,[16] physical injury to the child, and increased risk for future interpersonal violence perpetration among males, among other problems.[17][18] Sexual assault among teenagers has been shown to lead to worse school performance, an increase in mental health problems, and social exclusion.[19][20] Sexual abuse by a family member is a form of incest. It is more common than other forms of sexual assault on a child and can result in more serious and long-term psychological trauma, especially in the case of parental incest.[21]

Approximately 15 to 25 percent of women and 5 to 15 percent of men were sexually abused when they were children.[22][23][24][25][26][27] Most sexual abuse offenders are acquainted with their victims. Approximately 30 percent of the perpetrators are relatives of the child – most often brothers, sisters, fathers, mothers, uncles, aunts or cousins. Around 60 percent are other acquaintances such as friends of the family, babysitters, or neighbors. Strangers are the offenders in approximately 10 percent of child sexual abuse cases.[22]

Studies have shown that the psychological damage is particularly severe when sexual assault is committed by parents against children due to the incestuous nature of the assault.[21] Incest between a child and a related adult has been identified as the most widespread form of child sexual abuse with a huge capacity for damage to a child.[21] Often, sexual assault on a child is not reported by the child for several of the following reasons:

  • children are too young to recognize their victimization or put it into words
  • they were threatened or bribed by the abuser
  • they feel confused by fearing the abuser
  • they are afraid no one will believe them
  • they blame themselves or believe the abuse is a punishment
  • they feel guilty for consequences to the perpetrator[28]

In addition, many states have criminalized sexual contact between teachers or school administrators and students, even if the student is over the age of consent.[29]

Domestic violence

Domestic violence is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. It is strongly correlated with sexual assault. Not only can domestic abuse be emotional, physical, psychological and financial, but it can be sexual. Some of the signs of sexual abuse are similar to those of domestic violence.[30]

Elderly sexual assault

About 30 percent of people age 65 or older who are sexually assaulted in the U.S. report it to the police.[31] Assailants may include strangers, caretakers, adult children, spouses and fellow facility residents, although perpetrators of elder sexual assault are less likely to be related to the victim than perpetrators of other types of elder abuse.[31][32]

Groping

Groping is a type of sexual assault with the touching or fondling of another person in a sexual way without the person's consent. Groping may occur under or over clothing.

Rape

Outside of law, the term rape (sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent) is often used interchangeably with sexual assault.[33][34] Although closely related, the two terms are technically distinct in most jurisdictions. Sexual assault typically includes rape and other forms of non-consensual sexual activity.[4][35]

Abbey et al. state that female victims are much more likely to be assaulted by an acquaintance, such as a friend or co-worker, a dating partner, an ex-boyfriend or a husband or other intimate partner than by a complete stranger.[36] In a study of hospital emergency room treatments for rape, Kaufman et al. stated that the male victims as a group sustained more physical trauma and were more likely to have been a victim of multiple assaults from multiple assailants. It was also stated that male victims were more likely to have been held captive longer.[37]

In the U.S., rape is a crime committed primarily against youth.[38] A national telephone survey on violence against women conducted by the National Institute of Justice and the Centers for Disease Control and Prevention found that 18% of women surveyed had experienced a completed or attempted rape at some time in their lives. Of these, 22% were younger than 12 years and 32% were between 12 and 17 years old when they were first raped.[39][27] In the U.K., attempted rape under the Criminal Attempts Act 1981 is a 'sexual offence' within section 31(1) of the Criminal Justice Act 1991.[40] The removal of a condom during intercourse without the consent of the sex partner, known as stealthing, may be treated as a sexual assault or rape in some jurisdictions.[41]

Sexual harassment

Sexual harassment is intimidation, bullying or coercion of a sexual nature. It may also be defined as the unwelcome or inappropriate promise of rewards in exchange for sexual favors.[42] The legal and social definition of what constitutes sexual harassment differ widely by culture. Sexual harassment includes a wide range of behaviors from seemingly mild transgressions to serious forms of abuse. Some forms of sexual harassment overlap with sexual assault.[43][full citation needed]

In the United States, sexual harassment is a form of discrimination which violates Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission (EEOC): "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."[44] In the United States:

  • 79% of victims are women, 21% are men
    • 51% are harassed by a supervisor
    • Business, Trade, Banking, and Finance are the biggest industries where sexual harassment occurs
    • 12% received threats of termination if they did not comply with their requests
  • 26,000 people in the armed forces were assaulted in 2012[18]
    • 302 of the 2,558 cases pursued by victims were prosecuted
    • 38% of the cases were committed by someone of a higher rank
  • Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
    • Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments. Title VII also applies to private and public colleges and universities, employment agencies, and labor organizations.[19]
    • "It shall be an unlawful employment practice for an employer [...] to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin."[45]

Mass sexual assault

Mass sexual assault takes place in public places and in crowds. It involves large group of people surrounding and assaulting the victim(s) and engaging in conduct such as groping, manual penetration, frottage, and rape.

Emotional and psychological effects

Aside from physical traumas, rape and other sexual assault often result in long-term emotional effects, particularly in child victims. These can include, but are not limited to: denial, learned helplessness, genophobia (fear of sex), anger, self-blame, anxiety, shame, nightmares, fear, depression, flashbacks, guilt, rationalization, moodswings, numbness, hypersexuality, loneliness, social anxiety, difficulty trusting oneself or others, and difficulty concentrating.[28]

Sexual assault increases an individual's risk to developing psychopathology.[46] It is most strongly related to the development of suicidality and trauma-related disorders (including post-traumatic stress disorder), as well as the development of bipolar and obsessive–compulsive disorders.[46] Experiencing sexual assault also increases the risk of developing anxiety disorders, major depressive disorder, eating disorders, addiction, or other psychopathologies.[46] Individuals who develop psychological disorders following sexual assault have increased frequency and severity of psychopathology compared with individuals who have not experienced sexual assault.[46] Family and friends of individuals who have been sexually assaulted experience emotional scarring, including a strong desire for revenge, a desire to "fix" the problem or move on, and a rationalization that "it wasn't that bad".[28]

Physical effects

While sexual assault, including rape, can result in physical trauma, many people who experience sexual assault will not suffer any physical injury.[47] Rape myths suggest that the stereotypical victim of sexual violence is a bruised and battered young woman. The central issue in many cases of rape or other sexual assault is whether both parties consented to the sexual activity or whether both parties had the capacity to do so. Thus, physical force resulting in visible physical injury is not always seen. This stereotype can be damaging because people who have experienced sexual assault but have no physical trauma may be less inclined to report to the authorities or to seek health care.[48] However, women who experienced rape or physical violence by a partner were more likely than people who had not experienced this violence to report frequent headaches, chronic pain, difficulty sleeping, activity limitation, poor physical health, and poor mental health.[49]

Economic effects

Due to rape or sexual assault, or the threat of, there are many resulting impacts on income and commerce at the macro level. Excluding child abuse, each rape or sexual assault costs $5,100 in tangible losses (lost productivity, medical and mental health care, police/fire services, and property damage) and $81,400 in lost quality of life.[50] This issue has been addressed in the U.S. Supreme Court. In his dissenting opinion of the U.S. Supreme Court case U.S. v. Morrison, Justice Souter explained that 75% of women never go to the movies alone at night and nearly 50% will not ride public transportation out of fear of rape or sexual assault. It also stated that less than 1% of victims collect damages and 50% of women lose their jobs or quit after the trauma. The court ruled in U.S. v. Morrison that Congress did not have the authority to enact part of the Violence Against Women Act because it did not have a direct impact on commerce. The Commerce Clause of Article I Section VII of the U.S. Constitution gives authority and jurisdiction to the Federal government in matters of interstate commerce. As a result, the victim was unable to sue her attacker in Federal Court.

Sexual assault also has adverse economic effects for survivors on the micro level. For instance, survivors of sexual assault often require time off from work[51] and face increased rates of unemployment.[52] Survivors of rape by an intimate partner lose an average of $69 per day due to unpaid time off from work.[53] Sexual assault is also associated with numerous negative employment consequences, including unpaid time off, diminished work performance, job loss, and inability to work, all of which can lead to lower earnings for survivors.[54] The ability to test backlogged sexual assault kits and have the results uploaded into CODIS is cost effective in terms of reducing the costs associated with sexual assaults' by spending the money on testing evidence.[55]

Treatment of victims

In the emergency room, emergency contraceptive medications are offered to women raped by men because about 5% of such rapes result in pregnancy.[56] Preventative medication against sexually transmitted infections are given to victims of all types of sexual assault (especially for the most common diseases like chlamydia, gonorrhea, trichomoniasis and bacterial vaginosis) and a blood serum is collected to test for STIs (such as HIV, hepatitis B and syphilis).[56] Any survivor with abrasions are immunized for tetanus if five years have elapsed since the last immunization.[56] Short-term treatment with a benzodiazepine may help with acute anxiety and antidepressants may be helpful for symptoms of PTSD, depression and panic attacks.[56] Eye movement desensitization and reprocessing (EMDR) has also been proposed as a psychiatric treatment for victims of sexual assault.[57] With regard to long term psychological treatment, prolonged exposure therapy has been tested as a method of long-term PTSD treatment for victims of sexual abuse.[58]

Mistreatment of victims

After the assault, victims may become the target of slut-shaming to cyberbullying. In addition, their credibility may be challenged. During criminal proceedings, publication bans and rape shield laws may operate to protect victims from excessive public scrutiny. Negative social responses to victims' disclosures of sexual assault have the potential to lead to post-traumatic stress disorder symptoms. Social isolation, following a sexual assault, can result in the victim experiencing a decrease in their self-esteem and likelihood of rejecting unwanted sexual advances in the future.[59] Victims have already been through a traumatic assault and it can be exacerbated the unwillingness of law enforcement to move their case along in the forensic testing process because law enforcement officials develop preconceived notions about the victims willingness to participate in the investigation.[60]

Prevention

U.S. troops in Afghanistan hold a 5K run/walk for Sexual Assault Awareness Month.

Sexual harassment and assault may be prevented by secondary school,[61] college,[62][63] workplace[64] and public education programs. At least one program for fraternity men produced "sustained behavioral change".[62][65] At least one study showed that creative campaigns with attention grabbing slogans and images that market consent are effective tools to raise awareness of campus sexual assault and related issues.[66]

Several research-based rape prevention programs have been tested and verified through scientific studies, and several rape prevention programs have the strongest empirical data in the research literature. The Men's and Women's Programs, also known as the One in Four programs, were written by John Foubert.[67] and is focused on increasing empathy toward rape survivors and motivating people to intervene as bystanders in sexual assault situations. Published data shows that high-risk persons who saw the Men's and Women's Program committed 40% fewer acts of sexually coercive behavior than those who did not. They also committed acts of sexual coercion that were eight times less severe than a control group.[68] Further research also shows that people who saw the Men's and Women's Program reported more efficacy in intervening and greater willingness to help as a bystander after seeing the program.[69] Several additional studies are available documenting its efficacy.[62][70][71]

Bringing in the Bystander was written by Victoria Banyard. Its focus is on who bystanders are, when they have helped, and how to intervene as a bystander in risky situations. The program includes a brief empathy induction component and a pledge to intervene in the future. Several studies show strong evidence of favorable outcomes including increased bystander efficacy, increased willingness to intervene as a bystander, and decreased rape myth acceptance.[72][73][74] The MVP: Mentors in Violence Prevention was written by Jackson Katz. This program focuses on discussing a male bystander who did not intervene when a woman was in danger. An emphasis is placed on encouraging men to be active bystanders, rather than standing by when they notice abuse. The bulk of the presentation is on processing hypothetical scenarios. Outcomes reported in research literature include lower levels of sexism and increased belief that participants could prevent violence against women.[75]

The Green Dot Bystander Intervention program was written by Dorothy Edwards. This program includes both motivational speeches and peer education focused on bystander intervention. Outcomes show that program participation is associated with reductions in rape myth acceptance and increased bystander intervention.[76] The city of Edmonton, Canada, initiated a public education campaign aimed at potential perpetrators. Posters in bar bathrooms and public transit centers reminded men that "It's not sex when she's wasted" and "It's not sex when he changes his mind". The campaign was so effective that it spread to other cities. "The number of reported sexual assaults fell by 10 per cent last year in Vancouver, after the ads were featured around the city. It was the first time in several years that there was a drop in sexual assault activity."[77]

President Barack Obama and Vice President Joe Biden introduced in September 2014 a nationwide campaign against sexual assault entitled "It's on us". The campaign includes tips against sexual assault, as well as broad scale of private and public pledges to change to provoke a cultural shift, with a focus on student activism, to achieve awareness and prevention nationwide. UC Berkeley, NCAA and Viacom have publicly announced their partnership.[78] Additionally, CODIS checks whether the qualifying offense sample, DNA taken from an offender for committing a crime, was also a sexual assault. If a person committed sexual offenses in the past, this system would reveal a pattern of serial sexual offending. Using CODIS to compare backlogged rape kit tests can lead to prevention of future sexual assaults.[79]

Prevalence

Reported by country

United Nations Office on Drugs and Crime (UNODC) reports compiled from government sources show that more than 250,000 cases of sexual violence were reported to the police annually.[80] The annual recorded sexual assaults per capita for the last available year is shown below for individual countries.[81] The United Nations Office on Drugs and Crime categorizes sexual assault and rape as distinct forms of sexual violence, hence the below statistics on sexual assault exclude rape.[82] Definitions of sexual assault differs between countries.