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Sexual Assault by Penetration

The legal definition of assault by penetration is if someone penetrates another person's vagina or anus with an object or a part of the body that’s not a penis, without their consent.

Assault by penetration can include penetration of the vagina or anus by fingers – what is sometimes called ‘digital rape’. Or it could include penetration by an object.

We know that lots of victims and survivors have experienced non-consensual penetration by something other than a penis. For these people, legal definitions can make it seem as though this is not as serious as non-consensual penetration by a penis.

But, all rape and sexual assault is a serious crime – and assault by penetration carries the same sentences as rape.

1 in 10

young people don't think or realise 'stealthing' is a crime

40%

of respondents were unaware that it was considered rape*

*2018 survey by End Violence Against Women

Facts

The first successful conviction in England and Wales was in 2019 when Lee Hogben, from Bournemouth, was jailed for 12 years for the rape of a sex worker. She had given consent beforehand for sexual intercourse on the condition a condom was used, and this condition was also stated on her website.

The prevalence of stealthing in the UK is not known but a 2018 survey of patients at a sexual health clinic in Melbourne, Australia, found that a third of women and a fifth of men who had sex with men had experienced stealthing. Only 1% had reported it to the police.

Self referrals

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.

Frequently Asked Questions

Digital rape is when someone uses their fingers to penetrate another person's vagina or anus without their consent, it is sometimes called 'digital rape'. However, English and Welsh law defines this as 'assault by penetration'.

No. It is completely up to you to decide whether or not you go to the police after being assaulted. 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.

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 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 sexual abuse and assault 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.

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 sexual assault by penetration, we can offer free and confidential help and advice.

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