Rape

Rape is forced sexual intercourse, including vaginal, anal, or oral penetration. Penetration may be by a body part or an object.

Sexual assault is unwanted sexual contact that stops short of rape or attempted rape. This includes sexual touching and fondling. (But, be aware: Some states use this term interchangeably with rape.)

Common Questions

I didn’t resist physically – does that mean it isn’t rape?

People respond to an assault in different ways. Just because you didn’t resist physically doesn’t mean it wasn’t rape — in fact, many victims make the good judgment that physical resistance would cause the attacker to become more violent. Lack of consent can be express (saying “no”) or it can be implied from the circumstances (for example, if you were under the statutory age of consent, or if you had a mental defect, or if you were afraid to object because the perpetrator threatened you with serious physical injury).

I used to date the person who assaulted me – does that mean it isn’t rape?

Rape can occur when the offender and the victim have a pre-existing relationship (sometimes called “date rape” or “acquaintance rape”), or even when the offender is the victim’s spouse. It does not matter whether the other person is an ex-boyfriend or a complete stranger, and it doesn’t matter if you’ve had sex in the past. If it is nonconsensual this time, it is rape. (But be aware that a few states still have limitations on when spousal rape is a crime.)

I don’t remember the assault – does that mean it isn’t rape?

Just because you don’t remember being assaulted doesn’t necessarily mean it didn’t happen and that it wasn’t rape. Memory loss can result from the ingestion of GHB and other “rape drugs” and from excessive alcohol consumption. That said, without clear memories or physical evidence, it may not be possible to pursue prosecution (talk to your local crisis center or local police for guidance).

I was asleep or unconscious when it happened – does that mean it isn’t rape?

Rape can happen when the victim was unconscious or asleep. If you were asleep or unconscious, then you didn’t give consent. And if you didn’t give consent, then it is rape.

I was drunk or they were drunk - does that mean it isn't rape?

Alcohol and drugs are not an excuse – or an alibi. The key question is still: did you consent or not? Regardless of whether you were drunk or sober, if the sex is nonconsensual, it is rape. However, because each state has different definitions of “nonconsensual”, please contact your local center or local police if you have questions about this. (If you were so drunk or drugged that you passed out and were unable to consent, it was rape. Both people must be conscious and willing participants.)

I thought “no,” but didn’t say it. Is it still rape?

It depends on the circumstances. If you didn’t say no because you were legitimately scared for your life or safety, then it may be rape. Sometimes it isn’t safe to resist, physically or verbally — for example, when someone has a knife or gun to your head, or threatens you or your family if you say anything.

If you’ve been raped or sexually assaulted, or even if you aren’t sure, contact the National Sexual Assault Online Hotline or the National Sexual Assault Hotline (1-800-656-HOPE) for free, confidential help, day or night.