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Rape & consent
Rape is one type of sexual violence. Sexual violence is the general term we use to describe any kind of unwanted sexual act or activity.
Legal definition
What is consent?
In law, sexual consent is when we agree by choice, and have the freedom and capacity to make that choice.
That means that someone cannot give their consent when they are:
- scared or threatened
- bullied
- very drunk or under the influence of drugs
- asleep
If you said ‘yes’ to something because you were scared for your life or safety, or for the life or safety of someone you care about, you didn’t consent.
If your body froze or ‘flopped’ / went limp or you weren’t able to speak, it doesn’t mean you gave your consent for what happened to you.
Sexual assault by penetration
In law, penetration of another person's vagina or anus with any part of the body other than the penis, or with any object, without their consent is defined as 'sexual assault by penetration'. This crime carries the same sentences as rape.
Through our experience of supporting victims and survivors at Rape Crisis, we know that some people experience sexual violence that included penetration by something other than a penis. For these people, legal definitions can feel restrictive and like their experience isn't considered as 'serious'.