Skip to content
— CH. 1 · DEFINING THE CRIME —

Sexual assault

~5 min read · Ch. 1 of 6
6 sections
  • In 1987, the High Court of Australia ruled in Ibbs v The Queen that sexual assault is defined as sexual penetration without consent. This legal standard shifted how courts viewed the crime across multiple jurisdictions. Black's Law Dictionary, 8th Edition, describes sexual assault as an act where one person intentionally touches another sexually without permission. It includes forced kissing and drug-facilitated acts alongside traditional rape definitions. In the United Kingdom, the Sexual Offences Act 2003 Chapter 42 section 3 defines it as sexual contact without consent. Canada's Supreme Court case Chase v. R. from 1987 established force without consent as the core element. These rulings distinguish sexual assault from related concepts like rape by focusing on the absence of agreement rather than just physical violence or specific body parts involved.

  • The U.S. Department of Justice National Crime Victimization Survey recorded 237,868 victims aged twelve or older each year between 1995 and 2013. A study from 2011 found that 19.3% of women experienced attempted or completed rape during their lifetime. Only 1.7% of men reported similar victimization over their lives. Over 23 million women have been victims of attempted or completed rape in the United States alone. Nearly two million men have faced the same fate. Seventy-one percent of men who were forced to penetrate did so before age twenty-five. Eighty percent of all victims are under thirty years old. The highest risk years fall between ages twelve and thirty-four. Fifteen percent of victims are under twelve years old. Twenty-nine percent are between twelve and seventeen years old. In Australia, the Australian Bureau of Statistics notes that 85% of sexual assaults never reach the criminal justice system due to low reporting rates and distrust of authorities.

  • Rape increases an individual's risk of developing post-traumatic stress disorder by six times compared to non-victims. Those affected are thirteen times more likely to abuse alcohol and twenty-six times more likely to use drugs. Four times as many survivors contemplate suicide after such trauma. Many experience denial, learned helplessness, genophobia, anger, self-blame, anxiety, shame, nightmares, fear, depression, flashbacks, guilt, rationalization, mood swings, numbness, hypersexuality, loneliness, social anxiety, difficulty trusting others, and trouble concentrating. Women raped by partners report frequent headaches, chronic pain, sleep difficulties, activity limitations, poor physical health, and poor mental health. While some suffer visible injuries like bruises or abrasions requiring tetanus immunization if five years have passed since their last shot, many experience no physical trauma at all. Emergency contraceptive medications are offered because about 5% of rapes result in pregnancy. Preventative medication against sexually transmitted infections covers common diseases like chlamydia, gonorrhea, trichomoniasis, and bacterial vaginosis. Eye movement desensitization and reprocessing has been proposed as a psychiatric treatment for victims.

  • Each rape or sexual assault costs $5,100 in tangible losses including lost productivity, medical care, police services, and property damage. The hidden cost reaches $81,400 per incident when measuring lost quality of life. Justice Souter explained in U.S. v. Morrison that 75% of women never go to movies alone at night due to fear. Nearly half will not ride public transportation out of similar fears. Less than 1% of victims collect damages after an attack. Fifty percent of women lose their jobs or quit following the trauma. Survivors of intimate partner rape lose an average of $69 per day from unpaid time off work. Unpaid leave, diminished performance, job loss, and inability to work lead to lower earnings overall. Testing backlogged sexual assault kits and uploading results into CODIS reduces future costs by identifying serial offenders early. In the U.S. military, unique professional contexts heighten destruction, requiring improved support systems for affected personnel.

  • At least one program for fraternity men produced sustained behavioral change according to published data. John Foubert wrote the Men's and Women's Programs, also known as One in Four, which increased empathy toward survivors and motivated bystander intervention. High-risk persons who viewed this program committed forty percent fewer acts of sexually coercive behavior than those who did not. They committed acts eight times less severe than a control group. Victoria Banyard developed Bringing in the Bystander, focusing on identifying when help is needed and how to intervene. Studies show strong outcomes including increased bystander efficacy and decreased rape myth acceptance. Jackson Katz created MVP: Mentors in Violence Prevention, encouraging men to act actively rather than passively. Dorothy Edwards designed the Green Dot Bystander Intervention program combining motivational speeches with peer education. Edmonton, Canada launched posters reminding men that it is not sex when someone is wasted or changes their mind. Reported sexual assaults fell by ten percent last year in Vancouver after these ads appeared citywide. President Barack Obama and Vice President Joe Biden introduced It's On Us in September 2014 as a nationwide campaign against sexual assault involving private and public pledges to shift culture.

Common questions

What is the legal definition of sexual assault in Australia according to Ibbs v The Queen?

In 1987, the High Court of Australia ruled in Ibbs v The Queen that sexual assault is defined as sexual penetration without consent. This legal standard shifted how courts viewed the crime across multiple jurisdictions.

How many victims aged twelve or older were recorded annually between 1995 and 2013 by the U.S. Department of Justice National Crime Victimization Survey?

The U.S. Department of Justice National Crime Victimization Survey recorded 237,868 victims aged twelve or older each year between 1995 and 2013. A study from 2011 found that 19.3% of women experienced attempted or completed rape during their lifetime.

What are the mental health risks for survivors of sexual assault compared to non-victims?

Rape increases an individual's risk of developing post-traumatic stress disorder by six times compared to non-victims. Those affected are thirteen times more likely to abuse alcohol and twenty-six times more likely to use drugs.

What is the maximum penalty for sexual assault under section 61I of the Crimes Act 1900 in New South Wales?

In Australia, New South Wales sets a maximum penalty of fourteen years imprisonment under section 61I of the Crimes Act 1900. Victoria allows up to twenty-five years under section 38 of its Crimes Act 1958.

Which program produced sustained behavioral change among fraternity men according to published data?

At least one program for fraternity men produced sustained behavioral change according to published data. John Foubert wrote the Men's and Women's Programs, also known as One in Four, which increased empathy toward survivors and motivated bystander intervention.