Sexual Assault
Sexual assault can take many different forms, but one thing remains the same: it’s never the victim’s fault.
Sexual Assault
Sexual assault can take many different forms, but one thing remains the same: it’s never the victim’s fault.
The term sexual assault refers to sexual contact or behavior that occurs without explicit consent of the victim.
Some forms of sexual assault include:
Attempted rape
Fondling or unwanted sexual touching
Forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body
Penetration of the victim’s body, also known as rape
What is rape?
Rape is a form of sexual assault, but not all sexual assault is rape. The term rape is often used as a legal definition to specifically include sexual penetration without consent. For its Uniform Crime Reports, the FBI defines rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” To see how your state legally defines rape and other forms of sexual assault, visit RAINN’s State Law Database.
What is force?
Force doesn’t always refer to physical pressure. Perpetrators may use emotional coercion, psychological force, or manipulation to coerce a victim into non-consensual sex. Some perpetrators will use threats to force a victim to comply, such as threatening to hurt the victim or their family or other intimidation tactics.
Who are the perpetrators?
The majority of perpetrators are someone known to the victim. Approximately eight out of 10 sexual assaults are committed by someone known to the victim, such as in the case of intimate partner sexual violence or acquaintance rape.
The term “date rape” is sometimes used to refer to acquaintance rape. Perpetrators of acquaintance rape might be a date, but they could also be a classmate, a neighbor, a friend’s significant other, or any number of different roles. It’s important to remember that dating, instances of past intimacy, or other acts like kissing do not give someone consent for increased or continued sexual contact.
In other instances the victim may not know the perpetrator at all. This type of sexual violence is sometimes referred to as stranger rape. Stranger rape can occur in several different ways:
Blitz sexual assault:
when a perpetrator quickly and brutally assaults the victim with no prior contact, usually at night in a public place
Contact sexual assault:
when a perpetrator contacts the victim and tries to gain their trust by flirting, luring the victim to their car, or otherwise trying to coerce the victim into a situation where the sexual assault will occur
Home invasion sexual assault:
when a stranger breaks into the victim’s home to commit the assault
Survivors of both stranger rape and acquaintance rape often blame themselves for behaving in a way that encouraged the perpetrator. It’s important to remember that the victim is never to blame for the actions of a perpetrator.
Sexual Assault of Men and Boys
Sexual assault can happen to anyone, no matter your age, sexual orientation, or gender identity. Men and boys who have been sexually assaulted or abused may have many of the same feelings and reactions as other survivors of sexual assault, but they may also face some additional challenges because of social attitudes and stereotypes about men and masculinity.
Common reactions
Men and boys who have been sexually assaulted may experience the same effects of sexual assault as other survivors, and they may face other challenges that are more unique to their experience.
Some men who have survived sexual assault as adults feel shame or self-doubt, believing that they should have been “strong enough” to fight off the perpetrator. Many men who experienced an erection or ejaculation during the assault may be confused and wonder what this means. These normal physiological responses do not in any way imply that you wanted, invited, or enjoyed the assault. If something happened to you, know that it is not your fault and you are not alone.
Men who were sexually abused as boys or teens may also respond differently than men who were sexually assaulted as adults. The following list includes some of the common experiences shared by men and boys who have survived sexual assault. It is not a complete list, but it may help you to know that other people are having similar experiences:
Anxiety, depression, post-traumatic stress disorder, flashbacks, and eating disorders
Avoiding people or places that remind you of the assault or abuse
Concerns or questions about sexual orientation
Fear of the worst happening and having a sense of a shortened future
Feeling like “less of a man” or that you no longer have control over your own body
Feeling on-edge, being unable to relax, and having difficulty sleeping
Sense of blame or shame over not being able to stop the assault or abuse, especially if you experienced an erection or ejaculation
Withdrawal from relationships or friendships and an increased sense of isolation
Worrying about disclosing for fear of judgment or disbelief
Who are the perpetrators of sexual assault against men and boys?
Perpetrators can be any gender identity, sexual orientation, or age, and they can have any relationship to the victim. Like all perpetrators, they might use physical force or psychological and emotional coercion tactics.
Can being assaulted affect sexual orientation?
Sexual assault is in no way related to the sexual orientation of the perpetrator or the survivor, and a person’s sexual orientation cannot be caused by sexual abuse or assault. Some men and boys have questions about their sexuality after surviving an assault or abuse—and that’s understandable. This can be especially true if you experienced an erection or ejaculation during the assault. Physiological responses like an erection are involuntary, meaning you have no control over them.
Sometimes perpetrators, especially adults who sexually abuse boys, will use these physiological responses to maintain secrecy by using phrases such as, “You know you liked it.” If you have been sexually abused or assaulted, it is not your fault. In no way does an erection invite unwanted sexual activity, and ejaculation in no way condones an assault.
How to support male survivors
It can be hard to tell someone that you have experienced sexual assault or abuse. You may fear that you will face judgment or not be believed. For many male survivors, stereotypes about masculinity can also make it hard to disclose to friends, family, or the community. Men and boys also may face challenges believing that it is possible for them to be victims of sexual violence, especially if it is perpetrated by a woman. Below are a few suggestions on how you can support a man or boy who discloses to you that he has experienced sexual assault or abuse.
Listen. Many people in crisis feel as though no one understands them and that they are not taken seriously. Show them they matter by giving your undivided attention. It is hard for many survivors to disclose assault or abuse, especially if they fear not being believed because of stereotypes about masculinity.
Validate their feelings. Avoid making overly positive statements like “It will get better” or trying to manage their emotions, like “Snap out of it” or “You shouldn’t feel so bad.” Make statements like “I believe you” or “That sounds like a really hard thing to go through.”
Express concern. Tell them in a direct way that you care about them by saying something like “I care about you” or “I am here for you.”
Do not ask about details of the assault. Even if you are curious about what happened and feel that you want to fully understand it, avoid asking for details of how the assault occurred. However, if a survivor chooses to share those details with you, try your best to listen in a supportive and non-judgmental way.
Provide appropriate resources. There may be other aspects in men’s lives that could limit their ability to access resources and services after experiencing sexual assault or abuse. For example, trans men may face barriers when navigating medical care or black men may have concerns about reaching out to law enforcement. Be sensitive to these worries, and when supporting a survivor try your best to suggest resources you feel will be most helpful.
What if I experienced sexual assault as an adult?
Some men who have survived sexual assault as adults feel shame or self-doubt, believing that they should have been “strong enough” to fight off the perpetrator. Many men who experienced an erection or ejaculation during the assault may be confused and wonder what this means. These normal physiological responses do not in any way imply that you wanted, invited, or enjoyed the assault. If you were sexually assaulted, it was not your fault. You can find help at 1in6, an organization RAINN partners with that is dedicated to helping men who have survived unwanted or abusive sexual experiences.
What if the abuse happened when I was a minor?
If you were sexually abused when you were a child or a teenager, you may have different feelings and reactions at different times in your life. The 1in6 website has answers to many of the questions or concerns you might have as an adult survivor of child or teen sexual abuse.
How could this affect my relationships?
Coming forward about surviving sexual assault or sexual abuse can be difficult. It requires a lot of trust and understanding both for you and the person you choose to tell.
Drug-Facilitated Sexual Assault
In cases of drug-facilitated sexual assault, survivors often blame themselves. Remember—you are not to blame. You are the only one allowed to make choices for your body. Using drugs or alcohol is never an excuse for assault and does not mean that it was your fault.
What is drug-facilitated sexual assault?
Drug-facilitated sexual assault occurs when alcohol or drugs are used to compromise an individual’s ability to consent to sexual activity. These substances make it easier for a perpetrator to commit sexual assault because they lower inhibitions, reduce a person’s ability to resist, and can prevent them from remembering details of the assault. Drugs and alcohol can cause diminished capacity, a legal term that varies in definition from state to state.
You may have heard the term “date rape drugs” to refer to substances that perpetrators use to commit sexual assault, such as “roofies.” Alcohol is the most common substance used to perpetrate drug-facilitated sexual assault. Drug-facilitated sexual assault can happen to anyone, by anyone, whether the perpetrator is an intimate partner, stranger, or someone you’ve known for a while.
“I’ve been told my entire life that it was impossible for this kind of thing to happen to me,” said Johnathon, a survivor of drug-facilitated sexual assault and RAINN Speakers Bureau member. “When I was raped I was 6’4” and 220 lbs. I truly believed that I could go anywhere I wanted and no one would bother me.”
How it happens
There are two main ways that drug-facilitated sexual assault occurs: 1) when the perpetrator takes advantage of a someone’s voluntary use of drugs or alcohol and, 2) when the perpetrator intentionally forces a victim to consume drugs or alcohol with or without their knowledge.
The type of drug-facilitated sexual assault you might think about first is the kind in which a perpetrator slips a drug into someone’s drink. Though many survivors have experienced this, for many young people, especially on college campuses, drug-facilitated sexual assault can take a variety of forms.
Drug-facilitated sexaul assault can look like:
Coercing or pressuring someone beyond their comfort zone to ingest more drugs or alcohol or different substances than they are comfortable with.
Ignoring or refusing to help someone who says they’ve had too much to drink or is having a negative drug experience and needs help.
Initiating sexual contact with someone because they are intoxicated, and less likely to resist.
Refusing to tell someone what is in their drink or the type of dosage of drug they are ingesting.
A perpetrator may intentionally drug someone, resulting in a situation in which it is easier to manipulate the circumstances and commit an assault. Perpetrators use a variety of substances to incapacitate a victim.
Commonly used substances:
Alcohol is the most commonly used substance in drug-facilitated sexual assault.
Prescription drugs like sleep aids, anxiety medication, muscle relaxers, and tranquilizers may also be used by perpetrators.
Street drugs, like GHB, rohypnol (“roofies”), ecstasy, and ketamine can be added to drinks without changing the color, flavor, or odor of the beverage.
It is not your fault
Many survivors have strong feelings of self-blame after drug-facilitated sexual assault. They may feel that their choice to drink or to use drugs put them in a dangerous situation that led to the assault. It’s important to remember that if a sexual assault occurs under these circumstances, it is still not your fault. When you choose to use drugs or alcohol, you are not choosing to be sexually assaulted. The blame for this crime falls ONLY on the perpetrator.
How will I know if I’ve been drugged?
Depending on the substance, the initial effects of a drug can either go unnoticed or become apparent very quickly. Being familiar with the warning signs can help alert you to the possibility of drugs in your system. If you notice any of the following warning signs in yourself or someone you know, reach out to someone you trust immediately. If you notice these symptoms in another person, you can take steps to keep that person safe.
Difficulty breathing
Feeling drunk when you have consumed little to no alcohol
Loss of bowel or bladder control
Nausea
Sudden body temperature change that could be signaled by sweating or chattering teeth
Sudden increase in dizziness, disorientation, or blurred vision
Waking up with no memory, or missing large portions of memories
Preserving Evidence
If you suspect you were drugged, you can take steps to preserve the evidence for an investigation. Many of these drugs leave the body quickly, within 12 to 72 hours. If you can’t get to a hospital immediately, save your urine in a clean, sealable container as soon as possible, and place it in the refrigerator or freezer. Call the National Sexual Assault Hotline at 800.656.HOPE (4673) to find a hospital or medical center that can provide you with a sexual assault forensic exam and test your blood and urine for substances.
What Is a Sexual Assault Forensic Exam?
DNA evidence from a crime like sexual assault can be collected from the crime scene, but it can also be collected from your body, clothes, and other personal belongings. You may choose to have a sexual assault forensic exam, sometimes known as a “rape kit,” to preserve possible DNA evidence and receive important medical care. You don’t have to report the crime to have an exam, but the process gives you the chance to safely store evidence should you decide to report at a later time.
To find a location near you that performs sexual assault forensic exams, call the National Sexual Assault Hotline at 800.656.HOPE (4673) or talk to your local sexual assault service provider.
What is a rape kit?
You may have heard the term “rape kit” to refer to a sexual assault forensic exam. The term rape kit actually refers to the kit itself—a container that includes a checklist, materials, and instructions, along with envelopes and containers to package any specimens collected during the exam. A rape kit may also be referred to as a Sexual Assault Evidence Kit (SAEK).
The contents of the kit vary by state and jurisdiction and may include:
Bags and paper sheets for evidence collection
Comb
Documentation forms
Envelopes
Instructions
Materials for blood samples
Swabs
Preparing for a sexual assault forensic exam
If you are able to, try to avoid activities that could potentially damage evidence such as:
Bathing
Showering
Using the restroom
Changing clothes
Combing hair
Cleaning up the area
It’s natural to want to go through these motions after a traumatic experience. If you have done any of these activities, you can still have an exam performed. You may want to bring a spare change of clothes with you to the hospital or health facility where you’re going to have the exam.
In most cases, DNA evidence needs to be collected within 72 hours in order to be analyzed by a crime lab—but a sexual assault forensic exam can reveal other forms of evidence beyond this time frame that can be useful if you decide to report. Place your belongings, including the clothes you were wearing, in a paper bag to safely preserve evidence. If you have questions about the timeframe, you can call the National Sexual Assault Hotline at 800.656.HOPE (4673) or talk to your local sexual assault service provider.
How long is the exam?
The length of the exam may take a few hours, but the actual time will vary based on several different factors. It may be helpful to have someone to support you during this time. If you call the National Sexual Assault Hotline (800.656.HOPE) or contact a local sexual assault service provider, you may be connected with an advocate who can talk to you about the examination and offer support. The advocate may also be able to accompany you during the actual exam. Be aware that if you invite someone other than an advocate into the exam room, they could be called as a witness if you decide to report the crime.
What happens during a sexual assault forensic exam?
The steps below outline the general process for the exam. Remember, you can stop, pause, or skip a step at any time during the exam. It is entirely your choice.
Immediate care. If you have injuries that need immediate attention, those will be taken care of first.
History. You will be asked about your current medications, pre-existing conditions, and other questions pertaining to your health history. Some of the questions, such as those about recent consensual sexual activity, may seem very personal, but these questions are designed to ensure that DNA and other evidence collected from the exam can be connected to the perpetrator. You will also be asked about the details of what has happened to you to help identify all potential areas of injury as well as places on your body or clothes where evidence may be located.
Head-to-toe examination. This part of the exam may be based on your specific experience, which is why it is important to give an accurate history. It may include a full body examination, including internal examinations of the mouth, vagina, and/or anus. It may also include taking samples of blood, urine, swabs of body surface areas, and sometimes hair samples. The trained professional performing the exam may take pictures of your body to document injuries and the examination. With your permission, they may also collect items of clothing, including undergarments. Any other forms of physical evidence that are identified during the examination may be collected and packaged for analysis, such as a torn piece of the perpetrator’s clothing, a stray hair, or debris.
Possible mandatory reporting. If you are a minor, the person performing the exam may be obligated to report it to law enforcement. You can learn more about mandatory reporting laws in your state through RAINN’s State Law Database.
Follow up care. You may be offered prevention treatment for STIs and other forms of medical care that require a follow up appointment with a medical professional. Depending on the circumstances and where you live, the exam site may schedule a follow up appointment, or you can ask about resources in your community that offer follow up care for survivors of sexual assault. Someone from the exam site may also be able to provide information or resources about reporting options.
Who can perform the exam?
Not every hospital or health facility has someone on staff that is specially trained to perform a sexual assault forensic exam and interact with recent survivors of sexual assault. When you call the National Sexual Assault Hotline at 800.656.HOPE (4673) you will be directed to a facility that is prepared to give you the care you need.
Sexual Assault Nurse Examiners (SANEs) — registered nurses who receive specialized education and fulfill clinical requirements to perform the exam
Sexual Assault Forensic Examiners (SAFEs) and Sexual Assault Examiners (SAEs) — other healthcare professionals who have been instructed and trained to complete the exam
Why should you consider having a sexual assault medical forensic exam?
It won’t cost you. You should not be charged for the exam. The Violence Against Women Act requires states to provide sexual assault forensic exams free of charge if they wish to remain eligible for critical anti-crime grant funding. If you are charged for the exam, immediately contact your local sexual assault service provider.
You can have time to decide if you want to report. The decision to report the crime is entirely yours. It may take some time to decide what to do. Having a sexual assault forensic exam ensures that the forensic evidence will be safely preserved if you decide to report at a later time.
It increases the likelihood of prosecution. The importance of DNA evidence in sexual assault cases cannot be overstated. Not only does DNA evidence carry weight in court, but it may prevent future sexual assaults from occurring. Even if the perpetrator is not prosecuted, their DNA may be added to the national database, making it easier to connect the perpetrator to a future crime.
Your health matters. Sexual assault can affect your physical health. You may have injuries and trauma related to the assaults that aren’t immediately visible. During an exam you may be able to access treatment for these injuries, receive preventative treatment for STIs, and obtain emergency contraception to prevent pregnancy.
How long will the evidence be stored?
The amount of time an evidence kit will be stored varies by state and jurisdiction. A SANE, advocate, or law enforcement officer should let you know how long the evidence will be stored and the state’s rules for disposing the kit. It’s important to note that the amount of time the kit is stored doesn’t necessarily match up with the amount of time that legal action can be taken against a perpetrator, also known as the statute of limitation. If you have questions about timing, statutes of limitation, or any other concerns, contact your local sexual assault service provider.
Receiving Medical Attention after a sexual assault
After a sexual assault, you may wish to seek medical attention to treat any possible injuries and to check for injuries you may not be able to see.
How do I find medical care?
Once you’re in a safe place, you can call the National Sexual Assault Hotline at 800.656.HOPE (4673) to be connected with a local sexual assault service provider. They will direct you to the appropriate local health facility that can care for survivors of sexual assault. You can also search for a local service provider near you at centers.rainn.org. They can also send an advocate to help walk you through the process of receiving medical care during this tough time. If you can, it’s best to avoid showering or bathing before arrival. Bring a change of clothing with you if you are able.
In addition to receiving medical attention, you may wish to have a sexual assault forensic exam, sometimes called a “rape kit.” During this exam, someone specially trained to perform this exam, such as Sexual Assault Nurse Examiner (SANE), will collect DNA evidence that can help identify the perpetrator. You do not have to agree to a forensic exam to receive treatment, but doing so may give you a stronger case against the perpetrator if you decide to report the crime now or down the road.
What do I need to know about STIs?
There may be a risk of contracting a sexually transmitted infection (STI) during a sexual assault. The only way to know for sure if you have an STI is to get tested. Based on what happened, a healthcare professional will recommend which tests are important to have now and which may need to be repeated in the future.
In some cases, a Sexual Assault Nurse Examiner (SANE) may suggest you do not get tested. Despite rape shield laws, there may be a concern that positive test results could be used against patients to suggest sexual promiscuity, according to the Department of Justice.1
You may also be offered prophylactic treatment, medication that is designed to ward off STIs before they take hold in your body. Some of these medicines have very strong side effects, especially medicines designed to prevent HIV. The healthcare professional should tell you what to expect and help you make an informed decision about these medications. If you have questions about what to expect or need clarification on how to take the medicine, you should feel comfortable asking.
What do I need to know about pregnancy?
Often survivors have questions about pregnancy. These questions are best answered by healthcare professionals who can discuss the survivor’s physical health. To learn more about medical health issues related to pregnancy, visit the Department of Health and Human Services’ Office of Population Affairs.
How much will it cost?
Like all healthcare, there may be some costs associated with medical attention and medication, but these costs shouldn’t keep you from getting the care you need. There are victim compensation programs that can help cover some of the expenses. Most victim compensations funds require you to report the crime to law enforcement within 72 hours in order to be eligible.
Myths and Facts
A number of studies have focused on the most widely held myths about sexual assault.
Acceptance of these myths either by individuals or society as a whole has certain consequences, in particular:
Individuals are:
less inclined to identify a situation as being an instance of sexual assault, even if it meets the applicable legal criteria
more likely to have a negative perception of victims of sexual assault and
more apt to discourage a victim of sexual assault from filing a complaint.
Decision makers may be:
prone to enact inappropriate legislation.
Therefore, information transmitted by the media should be free of such myths. This is no easy task given that they can be spread in a number of subtle ways; for example, by drawing attention to certain aspects of a case of sexual assault, choosing inappropriate wording or making flawed interpretations. Here are several myths and misconceptions about sexual assault that have been tested against the facts.
Myth: Sexual assault is a serious problem, but it affects only a small number of people
Fact: Population surveys show that sexual assault is a widespread problem.
A 2006 study conducted on a representative sample of the Québec adult population showed that about one male out of 10 (9.6%) and almost one female out of four (22%) reported having been a victim of at least one sexual assault with physical contact before the age of 18, which is equivalent to 16% of the Québec population.2 These rates are comparable to those obtained in other North American studies.
Based on the 2009 General Social Survey (GSS), it was estimated that 677 000 Canadian adults aged 15 or more (of which 472 000 were female) had been victims of at least one sexual assault, solely in the year prior to the survey, which corresponds to a rate of 24 incidents of sexual assault per 1 000 population aged 15 or more.
Myth: Children who are victims of sexual abuse will suffer the effects of this trauma for the rest of their lives
Fact: Sexual abuse can have serious short- and long- term consequences for children who have been victimized, but certain conditions, such as the support of family and friends, are known to help victims cope.
Many studies have shown that childhood sexual abuse can have a wide range of consequences that carry into adulthood and across multiple spheres of functioning. In other words, not only can childhood sexual abuse have lasting effects throughout adulthood, but the effects can take new forms in adulthood, affecting marital and parental life as well.
However, it has also been shown that a number of victims of child sexual abuse have few sequelae once they reach adulthood. In fact, because a large proportion of children have protective factors that help them cope with trauma (e.g. personal skills, strategies for dealing with traumatic events, a quality relationship with a parent, the support of family and friends), they do not have affective problems that will be found to be serious enough to impair their functioning when they are assessed by professionals.
Many experts believe that parental support is the single most important factor in helping sexually abused children adjust following the abuse and in reducing the risk of their developing symptoms, regardless of the characteristics of the abuse experienced. Parental support includes, in particular, believing the child and taking action following the disclosure of abuse.
Myth: Many children make up stories of sexual abuse, as shown by the fact that many charges result in an acquittal
Fact: It is rare that children deliberately make false allegations of sexual abuse. In addition, since the burden of proof lies with the prosecution, an acquittal in the course of judicial proceedings does not necessarily mean that a crime has not been committed or that a victim has made untruthful accusations.
The number of false allegations of child sexual abuse is lower than the number of children who do not disclose such abuse or who lie by saying that it did not occur. In fact, intentionally fabricated false allegations by a child are very rare.
Furthermore, it should be noted that in a criminal prosecution, the burden of proof beyond a reasonable doubt rests with the criminal and penal prosecutor. The accused does not have to demonstrate that he or she is innocent. Therefore, an acquittal does not necessarily mean that a crime has not been committed or that a victim has made false allegations of sexual abuse. Such a verdict can result from a reasonable doubt as to the guilt of the accused, even if the victim has been deemed to be credible.
Myth: Individuals who commit sexual abuse against children are pedophiles
Fact: The term “pedophile” is often mistakenly used in the general population to refer to any person who sexually abuses children, whereas, in reality, only a minority of perpetrators of child sexual abuse meet the diagnostic criteria of pedophilia.
In fact, a sexual abuser of children may or may not meet the diagnostic criteria of pedophilia. The term pedophile is used, following a clinical diagnosis by a qualified professional, to refer to an individual who is 16 years of age or older, who has an exclusive or non-exclusive sexual attraction to prepubescent children (usually under 13 years of age) and who meets a specific set of criteria.
Perpetrators of child sexual abuse are not a homogeneous group. They can be male or female; heterosexual, homosexual or bisexual; in a couple or single; from any ethnic background; or from different socio-economic backgrounds.
Myth: An individual can have sexual relations with a person who is intoxicated by alcohol and not be accused of sexual assault
Fact: According to the Canadian Criminal Code, a person cannot consent to sexual activity if he or she is unable to express such consent, particularly when he or she is intoxicated by alcohol or drugs.
Consent is the voluntary agreement of a person to engage in sexual activity and it must be clearly demonstrated by words or conduct. A person cannot give consent, particularly if he or she is incapable of expressing it (e.g. because of a disability or intoxication); if he or she is in a situation where a position of trust, power or authority is being abused (e.g. by the use of threats); if he or she is in a relationship of dependency; or if he or she is under 16 years of age, except in certain specific cases. In addition, consent must be expressed by the person concerned; it is not valid when given by a third party.
It is important to note that the mere fact that a person accused of sexual assault says that he or she believed that the person had given his or her consent is not sufficient evidence to raise a defence of belief in consent
Myth: An adult who suspects that a child has been a victim of sexual abuse should question the child about this
Fact: An adult who suspects a case of sexual abuse must be careful not to ask the child leading questions that might upset him or her further or contaminate the child’s testimony. Any instance of suspected child sexual abuse must be reported to the Director of Youth Protection.
In such circumstances, the adult should avoid certain phrases, but at the same time, tell the child what he or she observes, such as changes in behaviour, and remain open and receptive. If the information confided to the adult suggests that sexual abuse is taking place or has taken place or if the adult has reason to believe that the child’s security or development is in danger, he or she must report the situation to the Director of Youth Protection. It is not necessary to be certain that one’s concerns are founded when reporting a case of suspected child sexual abuse. An adult who has doubts about whether the child’s allegations are true must not attempt to obtain more information before notifying the authorities. It is not the adult’s responsibility to make sure the child is telling the truth, but simply to report the situation.
Myth: Males are more biologically predisposed to committing sexual assault because they have a greater need to satisfy their sexual urges
Fact: The act of committing sexual assault is influenced by a number of factors, but it is not due to uncontrollable sexual urges. The reality is that many perpetrators of sexual assault are motivated by a need for power, dominance and control. It is also true that women are capable of committing sexual offences.
The wide variety of sexual assault behaviours and the different underlying motivations make it difficult to establish a typical sexual assault perpetrator profile. Males who sexually assault adult females are driven mainly by a desire for power and control rather than by their sexual impulses, especially in situations where the victim is their spouse or an acquaintance.
Similarly, a large majority of sexual offences against children (between 70% and 80%) are premediated, which runs counter to the notion that uncontrolled impulses are what drive perpetrators of child sexual abuse.
Lastly, it is estimated that females are responsible for about 5% of all sexual assaults.
Myth: Males who are sexually abused as children will commit sexual assault when they reach adulthood
Fact: Even though about 25% of perpetrators of sexual assault were victimized as children, most victims of child sexual abuse will not go on to commit sexual assault themselves.
There is a firmly held belief in the general population that most perpetrators of sexual assault experienced sexual abuse as children and, therefore, that males who were sexually abused in childhood are more likely to commit sexual assault when they grow up. This belief feeds the theory that there is a “victim-to-perpetrator cycle.” Current data suggest that childhood sexual abuse is more prevalent among sexual assault perpetrators than among the general public; however, the reality is that most victims of child sexual abuse do not go on to commit sexual assault. While a history of sexual victimization seems to be one of the risk factors that predisposes an individual to commit sexual assault, it does not provide sufficient explanation for most instances of this type of assault. In other words, having been sexually abused as a child does not seem to be either a necessary or a sufficient condition to sexually offend later on in life.
This notion of the “victim-to-perpetrator cycle” should be treated with caution because a child who has been sexually abused could be stigmatized if it is claimed that he or she may go on to become a perpetrator of sexual assault.
There are many factors that can lead a person to commit sexual assault. For example, personal and family factors have been identified as increasing the risk that a sexually abused child will go on to perpetrate sexual assault. At the same time, these factors suggest that children who have received specialized treatment for abuse and have had sufficient support from their family and friends are less likely to develop sexually aggressive behavior.
Sexual assault – Crime Victim Compensation
Sexual assault can affect your life in a number of ways. While some effects of sexual assault may relate to your physical or mental health, others may come in the form of tangible financial costs.
If you decide to report the crime and cooperate with law enforcement, you may be able to access financial compensation from a state agency to help cover these costs.
What is victim compensation?
Victim compensation is a direct financial reimbursement to a victim for an expense that resulted from a crime, such as medical costs or lost wages. Each state has a crime victim compensation program that allocates funds to survivors of sexual assault and other violent crimes.
What types of expenses are covered?
Federal law requires that all state compensation programs cover the following crime-related costs:
Lost wages or loss of support
Medical costs
Mental health counseling
States also cover other costs that relate directly to crimes of sexual violence, though the specifics of each program vary from state-to-state. Learn more about what costs may be covered in your state.
Where does the money come from?
In most states, convicted perpetrators are required to pay court fees that serve as a source of revenue for the state’s victim compensation program, rather than tax dollars. All state programs also receive support through the federal Victims of Crime Act (VOCA), enacted in 1984. Each state has a cap on the total amount of money that can be paid out for any one case, and there may be limits on how much money can be paid per category of expense. According to the National Association of Crime Victim Compensation Boards (NACVBC), maximum benefits from states average about $25,000, with some states able to offer more, and some states having lower limits.
How can I apply for compensation?
To apply for compensation you will have to fill out a form and submit claims to the agency that runs the victim compensation program in your state. You can ask someone from your local law enforcement agency how to apply, and in some states they may be able to refer you to a crime victim liaison who can help walk you through the process.
You can find the website and contact information for your state’s victim compensation office through the NACVBC state program directory.
What are the criteria to apply?
Each state/country has its own requirements to be eligible for compensation, but there are a few general rules that tend to apply for eligibility.
Reporting the crime to law enforcement. Most programs require victims to report the crime within a predetermined amount of time, usually about 72 hours. This timeframe varies from state-to-state. Most programs will accept claims on behalf of child victims whenever sexual abuse is reported.
Cooperation with law enforcement. All states require cooperation with the criminal justice system, both law enforcement officers and prosecutors, even if no arrest is made. However, many programs allow waivers for victims who decline to cooperate because of legitimate fears for their health or safety.
Submitting a timely application. The deadline for submitting a financial claim can vary between 180 days up through 2 years following the crime, depending on the state. The person seeking compensation should be prepared to provide relevant documents, such as a police report or medical bills, to support the claim.
Victim compensation as a final resource. Compensation only kicks in once other insurance options, such as Medicaid or Medicare, have been applied to cover costs or losses due to the crime.
Sexvictims.com provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made within the website or by any externally referenced Internet sites. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney.
