The legal definition of rape is when a person intentionally penetrates another's vagina, anus or mouth with a penis, without the other person's consent.
Rape is often described as unwanted or forced 'sex'. But, sex can only happen when everyone consents. If there is no consent then it's not sex, it's rape. No matter the circumstances.
It is a form of sexual violence and a very serious crime that carries the same maximum sentence as murder.
It's widely thought that in most cases of rape, the offender is a stranger. The truth is the majority of people who commit rape know their victims and, in some cases, are relatives, friends or work colleagues.
Rape within marriage and relationships can also occur. Remember, sex is about consent. If your partner has forced you into having sex with them, this is rape.
No-one ever deserves or asks for rape to happen. 100% of the blame lies with the perpetrator or perpetrators.
However, many of the myths surrounding rape can make victims and survivors feel as though they are somehow to blame. It can also make them feel that what happened to them wasn’t ‘real’ rape.
If you would like to refer yourself for therapy at HERSANA you can do this through our online self-referral form or you can phone us.
Are there different types of rape?
Sometimes, people use extra words to describe rape – for example:
However, it’s important to know that these aren’t legal terms.
It doesn’t matter if a victim or survivor was on a date with the person who raped them, married to them or had never met them before. Whatever the situation and whatever the perpetrator’s relationship to the victim or survivor, if there was no consent then it was rape.
In England and Wales, the legal definition of rape is when someone intentionally penetrates the vagina, anus or mouth of another person with their penis, without the other person's consent.
The Sexual Offences Act 2003 says that someone commits rape if all of the following happens:
In other words: if a person puts their penis in someone’s vagina, anus or mouth on purpose, when the other person hasn’t consented, then they have raped them.
The law also makes it clear that it's rape if:
It doesn’t matter who the person committing the rape is – if there is no consent then it is always rape. And that includes within marriage and relationships.
There's no typical rapist. People who carry out rape come from every economic, ethnic, racial, age and social group.
What lots of people who commit rape do have in common, however, is that their victims often know them.
In fact, statistics show that, in 86% of cases of rape against women, the victim or survivor knows the perpetrator. And, in 1 in 2 cases of rape against women, the perpetrator is a partner or ex-partner of the victim or survivor.
This isn't something that always gets talked about very much in the media.
But, it's important to remember that all cases of rape can have a serious and long-lasting impact on the lives and wellbeing of victims and survivors – no matter if they knew the person who raped them or not.
My experience doesn’t fall under the legal definition of rape
Many people have experiences of sexual assault or sexual abuse that do not fit the legal definition of rape. However, that doesn't mean their experience isn't 'as bad'.
In fact, all sexual assault and sexual abuse is a serious crime.
Some victims and survivors describe what happened to them as 'rape' even if it doesn't fit the legal definition. And that's completely fine.
Does rape have to involve force?
It’s a really common myth about rape that it has to involve physical force or leave the person with visible injuries. But that isn’t true.
There are many other ‘tactics’ that someone might use to rape another person. For example:
BUT, none of these have to have happened for it to still be rape.
Many people find themselves unable to speak or move when faced with a scary, shocking or dangerous situation. If that happened, it does not mean the person gave their consent.
And if there’s no consent then it is always rape.
Do I have to go to the police if I have been raped?
No. It is completely up to you to decide whether or not you go to the police after being raped. We know that the criminal justice system has created numerous barriers for Black femmes seeking safety. Racist systems have put Black femmes are greater risk of experiencing all forms of gender-based violence and abuse.
If someone comes to HERSANA for help or support after being raped, we will never pressure them to tell the police what happened. We are an independent and confidential organisation and absolutely nothing to do with the police.
What if I want to report to the police
Some people report what's happened to them to the police and some don't. It's entirely your decision and choice.
If you do want to report, you can speak to our Independent Advocates about your rights and options. Our Independent Sexual Violence Advocates can give you information and support you throughout the process.
Everyone responds differently to rape and sexual assault – so whatever someone feels is a valid response. But, for lots of people, it can have a long-lasting impact on their feelings and wellbeing.
If you have experienced rape or sexual abuse of any kind – whether it was recently or a long time ago – HERSANA is here for you. We will listen to you, believe you and create a safe space for you.
I am worried about someone else
We know that it can be hard to approach the topic of abuse with a friend, colleague or family member. It’s important to remember that they may not want to speak to you, or may even react badly to you trying to discuss the situation with them. They also may not recognise what they’re going through or went through as abuse, even if you are sure it is. They may try to play it down or they could defend their partner’s actions. All of these reactions are common from victims and survivors of abuse, so whatever you do, make sure to accept your friend, family member or colleague’s reaction and don’t pressure them into talking. Although you may be tempted to try and encourage them to speak or seek professional support, you may have to accept that they are not ready for that step.
If they are ready to talk and confide in you, it’s a good idea to be able to signpost to organisations that can offer professional support as well as offering a listening ear yourself, if you can.
For Black femmes experiencing any form of sexual abuse, including rape, we can offer free and confidential help and advice.
‘Sexual violence’ means any sexual activity or act that happened without consent. Not all cases of sexual abuse involve violence, cause physical injury or leave visible marks. Sexual abuse can cause severe distress, emotional harm and injuries which can't be seen – all of which can take a long time to recover from. This is why we use the terms ‘violence’ and 'abuse', and treat disclosures and experiences just as seriously.
There are two types of sexual abuse – contact and non-contact abuse.
Contact abuse is where an abuser makes physical contact with a victim or forces the victim to make physical contact with someone else. Non-contact abuse is where a victim is abused without being touched by the abuser. This can be in person or online
Sexual violence can take many different forms, but one thing remains the same: it’s never the victim’s fault.
Click on the options below to learn about some of them.
This is not a complete list!
We are working all the time to bring you more information. So, just because something isn't mentioned on this page doesn't mean it's not a form of sexual violence and abuse.
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