Rape & Consent
Rape is an act of sexual violence which involves forcing someone to engage in sexual acts involving penetration against her/his will.
This includes non-consensual vaginal, oral and/or anal penetration, however slight, with any object.
The law states that rape happens when one person intentionally penetrates the vagina, anus or mouth of another person without their consent i.e in the knowledge that the person is not agreeing to this.
According to the law, the person who commits the offence of rape must be a man (as the penetration has to be with a penis). If non-consensual penetration is with something other than a penis, then the offence is assault by penetration. A woman or a man might also be charged with or convicted of ‘rape as a secondary party’ where she or he has assisted a man in the rape of another person.
A person consents if they agree to sex by choice and has the freedom and capacity to make that choice.
The type of circumstances where consent might be deemed NOT to be given includes:
• Use of violence, threats or unlawful detention
• When the victim is intoxicated, drugged, asleep, unconscious, or below the age of consent (age 16).
• When the victim is unable to communicate their consent because of a disability
If you think you have been raped or sexually assaulted – contact us.