The key points
- The general definition or meaning of the word 'rape' is when someone didn't give their consent for sex to happen.
- Rape isn't sex. It's a form of sexual violence and a very serious crime that carries the same maximum sentence as murder: life in prison.
- No-one ever deserves or asks for rape to happen. 100% of the blame lies with the perpetrator (the person who carried it out).
- Rape Crisis services are for victims and survivors of all forms of sexual violence and abuse – not just those whose experience fits the legal definition of rape.
Have you experienced rape or another form of sexual violence or abuse? Or are you feeling confused? Please know that you are not alone. We have lots of information and support to help.
What is the legal definition of rape?
The legal definition of rape in England and Wales is when someone intentionally penetrates another person's vagina, anus or mouth with their penis, without that person's consent.
The Sexual Offences Act 2003 says that someone commits rape if all of the following happens:
- They intentionally penetrate the vagina, anus or mouth of another person with their penis.
- The other person does not consent to the penetration.
- They do not reasonably believe that the other person consents.
This includes if:
- The two people are married or in a relationship.
- The other person consented to one type of penetration (e.g. vaginal or oral sex), but not another (e.g. anal sex).
- Someone removes a condom without the other person’s permission – or lies about putting one on. This is commonly known as ‘stealthing’.
What the law in England and Wales is basically saying:
Rape is when someone puts their penis in another person's vagina, anus or mouth on purpose, without the other person's consent.
How the law defines 'consent'
Under English and Welsh law, someone consents to sex or other sexual activity when they agree to it by choice and have both the freedom and capacity to make that choice.
This means that someone doesn't consent to sex or other sexual activity if they:
- Say 'no'.
- Seem unsure or upset, stay quiet, move away or don't respond.
- Are asleep, unconscious, drunk, drugged or on drugs.
- Are pressured, manipulated, tricked or scared into saying 'yes'.
- Are too young or vulnerable to have the freedom and capacity to make that choice.
Other definitions of rape
The legal definition of rape is very limited and doesn't match with the experiences of lots of victims and survivors who would describe what happened to them as rape.
At Rape Crisis, we believe that victims and survivors should use the words that are most meaningful to them to describe their experiences. However, if a victim or survivor wants to report what happened to them to the police, it's important for them to know that someone can only be charged with rape if it fits the legal definition.
❗ If someone's experience doesn't fit with the legal definition of rape then that doesn't mean it wasn't as bad. All forms of sexual violence or abuse can have a serious and long-lasting impact on the people they happen to – and many forms carry long-term maximum prison sentences.
Key statistics about rape
Based on most recent publicly available data from (left to right) the Office for National Statistics (2023), the Office for National Statistics (2023), the House of Commons Library (2022) and the Home Office (2023).
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1 in 14women
have experienced rape or assault by penetration as an adult
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1 in 300men
have experienced rape or assault by penetration as an adult
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1 in 4rapes recorded by police
are of girls under the age of 16
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Just 2%of the rapes recorded by police in the year ending March 2023
resulted in a charge by the end of the year
Frequently asked questions about rape
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No. All forms of sexual violence and abuse can have a serious and long-lasting impact on the lives of victims and survivors, no matter what they are called in law. And rape is just one of many serious sexual offences in English and Welsh law.
Not all victims and survivors find legal terms and definitions helpful. Some might describe what happened to them as 'rape' even if it doesn't fit the legal definition. And that's completely fine.
At Rape Crisis, we use words that are meaningful to the victim or survivor, not just legal terms.
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English and Welsh law calls this something different: assault by penetration.
The sexual offence 'assault by penetration' is when someone penetrates another person's vagina or anus with an object or a part of the body that’s not a penis, without their consent.
This is a serious crime that carries the same maximum sentence as rape and murder: life in prison.
However, we know that some people who have experienced non-consensual penetration by something other than a penis prefer to call it rape. And that, for some victims and survivors, using the term 'assault by penetration' can make it seem like it's not as serious as non-consensual penetration by a penis.
At Rape Crisis, we use words that are meaningful to the victim or survivor, not just legal terms.
ℹ️ What is digital rape? When someone uses their fingers to penetrate another person's vagina or anus without their consent, it is sometimes called 'digital rape'. However, English and Welsh law calls this 'assault by penetration'.
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No. It’s a really common myth that rape has to involve physical force or leave the person with visible injuries. But that simply isn’t true.
There are many other ‘tactics’ that someone might use to rape another person. For example:
- pressure
- manipulation
- bullying
- intimidation
- threats
- deception
- drugs or alcohol
BUT, none of these need to have happened for it to still be rape.
Many people find themselves unable to speak or move when faced with a scary, shocking or dangerous situation. In fact, this is one of the body's automatic fear responses known as 'freeze'.
❗ If a person doesn't move or speak, it doesn't mean they're giving their consent. Not saying 'no' isn't the same thing as saying 'yes'.
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No. Not saying 'no' isn't the same as someone giving their consent. In fact, it's really common for people who are being raped to find themselves unable to move or speak. This is one of the body's automatic fear responses known as 'freeze' and is a way of the body trying to protect you from further harm.
If someone seems unsure or upset, stays quiet, moves away or doesn't respond, they are not giving their consent. And if there's no consent, it's rape.
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No. In fact, experiencing an orgasm or feelings of arousal during rape is more common than many people realise.
People can experience orgasms or feelings of arousal during rape as a result of the body automatically responding to being touched. But this is something they have no control over and doesn't mean they are enjoying what is happening to them.
❗ If someone experiences an orgasm or feelings of arousal during rape, this doesn't mean they are to blame in any way for what happened to them – or that they have anything to feel ashamed about. 100% of the blame, shame and responsibility for rape always lies fully with the perpetrator (person who carried it out).
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The term 'statutory rape' is used in lots of countries to describe situations where, according to written law (statute), one or more of the people involved do not have the capacity to make a proper choice about sex.
This might be because they are:
- Below a certain age.
- Above a certain age but vulnerable for another reason – for example, they might have a mental health condition or learning disability.
- Above a certain age but another person involved was in a position of trust – for example, they might be a teacher, doctor or parent.
In any of these situations, someone might feel like they did consent. However they feel though, the law still says that they couldn't – and that it was therefore rape.
In other words, the laws says it was rape. Whether the person it happened to views it as that or not.
Whatever the law says, victims and survivors might prefer to use different terms to describe what happened to them. At Rape Crisis, we use words that are meaningful to the victim or survivor, not just legal terms.
Statutory rape in England and Wales
We don't have a criminal offence called 'statutory rape' in England and Wales. However, it is common to hear people using this term to refer to someone aged 16 or over having sex with a child or young person aged 13-15 years old. (If a child is under the age of 13, it is always considered rape under English and Welsh law.)
We also have a number of criminal offences that someone with a penis can be charged with in situations where:
- They have penetrated the vagina, anus or mouth of another person, and
- They were in a position of trust or the other person was below a certain age or vulnerable for another reason.
In such cases, someone can be charged with a criminal offence even if the other person felt like they consented.
That's because the law recognises that the other person might not have had the capacity to make a proper choice – what consent is all about!
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No. There is no right or wrong way to behave after experiencing rape and all responses are completely valid. It can be extremely hurtful for victims and survivors to not be believed or to be judged for not responding to their experience in the way that other people think they should.
Rape is a traumatic event for many people and can have a serious and long-lasting impact on their life. What this looks like is different for everyone and victims and survivors all have different ways of trying to deal with what happened to them or move on from it.
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English and Welsh law says that only someone with a penis can carry out rape. However, other people can and do carry out other serious sexual offences, including assault by penetration and causing a person to engage in sexual activity without consent.
The overwhelming majority of sexual offences are carried out by men. In fact, 98% of adults prosecuted for sexual offences are men. Meanwhile, more than 9 in 10 adult survivors of child sexual abuse say it was committed by males only.
The vast majority of rapes are also carried out by someone known to the victim or survivor. One in 2 rapes against women are carried out by their partner or ex-partner, while 5 in 6 rapes against women are carried out by someone they know.
But, beyond this, there is no such thing as a typical rapist. People who carry out rape come from every economic, ethnic, racial, age and social group.
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English and Welsh law says that only someone with a penis can carry out rape.
However, if anyone (whether they have a penis or not) forces someone with a penis to penetrate their vagina, anus or mouth, this is still a very serious crime and carries the same maximum sentence as rape and murder: life in prison.
Someone who committed this crime would be charged with 'Causing a person to engage in sexual activity without consent'.
We know that some people who have experienced this might prefer to call it rape. And that, for some victims and survivors, using another term can make it seem like it's not as serious as non-consensual penetration by a penis.
At Rape Crisis, we use words that are meaningful to the victim or survivor, not just legal terms.
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Yes. Under English and Welsh law, rape includes penetration of the vagina, anus or mouth. This means that anyone can be a victim or survivor of rape.
Although the overwhelming majority of people who experience rape every year are women, there is still a large number of men and boys who experience rape. According to the most recent data for England and Wales, an estimated 7,000 men aged between 16 and 74 experienced rape or attempted rape in the year ending March 2020.
Rape can have a serious and long-lasting impact on the lives of all victims and survivors, no matter their sex or gender.
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No. It is completely up to the victim or survivor to decide whether or not they go to the police after being raped.
If someone comes to Rape Crisis England & Wales for help or support after being raped, we will never pressure them to tell the police what happened. We are a charity and absolutely nothing to do with the police.
ℹ️ Thinking of reporting to the police? We have information about what to expect here.
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These terms are often used by people to talk about the same thing. But, when it comes to English and Welsh law, they do have different meanings.
The criminal offence 'sexual assault' is defined as sexual touching that happens without consent, while 'rape' is defined as someone with a penis penetrating another person's vagina, anus or mouth without consent. There is also the criminal offence 'assault by penetration' which is defined in law as someone penetrating another person's vagina, anus or mouth with something other than a penis, without their consent.
Of course, rape and assault by penetration still involve sexual touching, but they carry longer-term maximum sentences.
However, we know that some victims and survivors might prefer to use different terms to describe what happened to them, and that is completely valid.
At Rape Crisis, we use words that are meaningful to the victim or survivor, not just legal terms.
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No. These are just ways of describing the situation in which a rape happened. In England and Wales, all rape is a serious crime and carries a maximum sentence of life in prison.
❗ It doesn’t matter if a victim or survivor was on a date with the person who raped them, married to them or had never met them before. Whatever the situation and whatever the perpetrator’s relationship to the victim or survivor, if there was no consent then it was rape.
You can contact our free 24/7 Support Line by calling 0808 500 2222 or visiting the website to start an online chat.