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Sexual Assault Definitions

*Please note: Each state legislature has its own legal definitions of different forms of sexual assault, as do different advocacy programs. Many of the following definitions are Colorado-based.

SEXUAL ASSAULT: Usually sexual assault refers to a specific act of sexual violence. Sexual assault may refer to rape, incest, molestation or other act of sexual intrusion.

RAPE: Rape refers to sexual intrusion or penetration of the vagina, anus or mouth of the victim. The weapon of intrusion used by the perpetrator may be a penis, tongue, finger or other object.

FORCE: Force is an essential element of rape. No particular amount of force is necessary in order for it to be defined as a rape. Any amount of force that is used to overcome a woman’s resistance is enough constitute a rape.

Force is physical force or the threat of force that places the woman in fear of injury or in fear of her life. Even if a weapon is not used and she is not physically harmed as long as she is in fearful based on the circumstances of the attack, the characteristics of the victim and the perpetrator, it is considered rape.

CONSENT: To consent means to give approval and to agree by free will. Consent is based on choice. Consent is active, not passive. Consent is possible only when there is equal power. In consent, both parties must be equally free to act. In consent, both parties must be fully conscious and have clearly communicated their consent.

LACK OF CONSENT: A person is incapable of consent if:

• S/he is an underage victim according to state statutes. (Under 15 in Colorado and the actor is 4 or more years older.)
  
• S/he is mentally incapacitated or physically helpless while under the influence of drugs or alcohol.
  
• S/he is unconscious, asleep, or physically helpless and unable to communicate unwillingness to an act.
  
• S/he suffers from a mental disease or defect which renders her/him unable to judge the nature of the other person’s conduct.