What is Sexual Assault?

Sexual assault is legally defined as any sexual activity which is carried out against a person’s will, using force, manipulation, and/or coercion. It can include many forms including rape, incest, child molestation, same sex assault, sexual battery, acquaintance rape, and spousal rape.

Rape is a violent act motivated by a desire to control and have power over someone. It is not done in response to a sexual urge. Rape is always a violent act, which happens to be carried out in a sexual manner.

Age matters. State of California penal code states that a person must be 18 yrs old to be able to agree to have sex. If a person over 18 has sex with someone under 18, they may be liable for prosecution under the law, even if they thought both were 18 years old or older.

The ability to give consent matters. The California penal code acknowledges that if someone is drugged or drunk or unconscious or if a person has a mental disorder or a developmental or physical disability, or is elderly with certain conditions, they may not be capable of giving consent to have sex, so having sex with someone with one of the situations listed may leave you liable for prosecution under the law.

If one partner says ‘no’ to sex or says ‘no’ even after they initially said ‘yes,’ it is rape. You need to stop immediately. If someone uses a threat to force someone to have sex, that is sexual assault. If someone uses physical force to make sexual contact with someone, they are liable for prosecution under California law.

If you have survived a sexual assault, you have a number of rights. Most importantly you have the right to be treated with dignity, respect, courtesy and sensitivity throughout your recovery period, including during the criminal justice process.

Confidentiality. When you work with an advocate at the Center for a Non Violent Community, anything you disclose is confidential and cannot be disclosed to anyone without your written consent.

Choice. You have a choice on whether you will report to law enforcement , talk with investigators, prosecutors, defense attorneys, schedule an interview or add to your statement.

Right to an Advocate and/or support person of your choice during a medical-legal exam, interviews with law enforcement or prosecutors, defenders, court hearings, and any follow-up medical exams.

Protection of your identity. Newspapers and other media must have your permission to use your name as a survivor of a sexual assault. You have the right to use a pseudonym such as ‘Jane Doe’ when you agree to a medical-legal exam.

Financial compensation. If you made a report to law enforcement, you may be eligible for reimbursement for medical services, counseling and loss of wages relating to the assault through the California Victim Compensation Board.

Freedom from harassment from the suspect and the suspect’s friends, agents, or attorneys. In addition, you can refuse to do phone interviews with investigators, law enforcement officers or lawyers if you cannot be sure of who is on the other end of the phone line.

Consideration during the legal process. You have the right to be informed of the progress of the case against the suspect and the right to submit a victim impact statement during sentencing and parole decisions.

You have the right to ask questions at any time.

Rape or sexual assault is never your fault, even if you are intoxicated.

Alcohol is the most readily available date rape drug. Sometimes other odorless and tasteless illegal drugs or prescription drugs may be added to the alcohol you are drinking and cause your judgment, ability to resist, or even ability to stay awake or conscious to be dramatically affected.

You may have been sexually assaulted while you are under the influence of alcohol and/or drugs if you

• Have a gut feeling you had sex but can’t remember clearly what happened
• Remember part of the night, but not much else afterward
• Feel like you were or still are a whole lot more drunk or affected that you normally would be by the amount of alcohol or drugs you consumed

Regardless of underage drinking or other illegal activity, if you decide to report a sexual report to law enforcement, they will investigate only (per Penal Code 13823.11) the crime you are reporting(Penal Code 13823.11).

Call the Center for a Non Violent Community’s Crisis Line right away if you believe you were sexually assaulted while under the influence. 1-800-454-4766. Our crisis line is anonymous. You do not have to give your name to talk about your situation.

Sexual assault and rape uses sex as a weapon to hurt, have power over someone and control someone. They are acts of violence.

Consensual sexual activity between adults is not sexual assault.

The after effects of sexual assault can include nightmares, fear, shame, guilt, inability to sleep, a loss of trust, grief and anger.

For a member of the LGBTTQQ communities, these feelings may be heightened and further complicated by misconceptions or prejudices, heterosexism, or the fear that these will be there, in the criminal justice system, medical personnel, and mental health system. These factors can make it much harder for a survivor of sexual assault to trust that they can reach out or to talk about what happened and receive the sensitivity and assistance they need to heal.

Members of the LGBTTQQ communities or those who are perceived correctly or incorrectly as not being heterosexual are at risk of hate crimes involving sexual acts, so the trauma of a sexual assault or rape may also be enhanced and complicated by the trauma of surviving a hate crime as well.

Call the CNVC 24 hour crisis line at 1-800-4544766 or 209-533-3401 as soon as possible if you have been sexually assaulted or raped or are a victim of a hate crime that includes sexual assault or rape.

CNVC advocates will accompany and support you through peer counseling, medical-legal exam, law enforcement interview, investigation and in court.

If you have been raped or sexually assaulted, call CNVC’s 24 hour crisis line at 1-800-454-4766 or 209-533-3401 right away.