Rape & Sexual Assault
What do we mean by Sexual Assault?
Sexual assault occurs if you are forced to participate in a sexual act without your consent. It may include rape or other types of sexual assault. The force involved may take the form of threats, coercion or physical violence. Sexual assault is an act of violence. It is an invasion of physical and personal integrity. Research shows that the primary motivating factor in sexual assault is to meet non-sexual needs, including anger and power, not sexual gratification.
Sexual assault is a subject surrounded by ignorance, fear and myths: ignorance on the part of people who do not understand the brutal reality of sexual violence; fear on the part of people who are vulnerable or who have been victimised; and myths which serve to minimise the problem and contribute to ambivalent attitudes about the role of the victim in incidents of sexual assault. Although the majority of victims are women, men may also be subject to attack.
Myths about sexual assault and rape
Sexual assault and rape are frightening and distressing topics. We try to distance ourselves from the possibility that we, or somebody we love, could be violated in this way. As a society, we have adopted certain beliefs and attitudes about the role to the victim in incidents of sexual violence in an attempt to deny the brutality to what happens, and to reassure ourselves that it could never happen to us.
A common belief about sexual assault is that it is the result of an overwhelming sexual urge where the man loses normal self-control. The reality is that sexual assault is a vicious, violent act, and research shows that the primary motivation factors are anger and the wish to dominate and degrade, not sexual desire.
The belief that rape is a sexual act contributes to the idea that the victim is in some way responsible. Women who have been raped may agonise over what it was in their dress or behaviour that precipitated the attack, a question which would be considered ludicrous in any other violent crime. Women censor their activities in an attempt to avoid being targeted, but this does not prevent women of all ages, in diverse situations, being sexually assaulted. There is also belief that women are usually assaulted by strangers in dark, lonely places.
In 1996, 69% of the women who sought assistance from the Dublin Rape Crisis Centre following sexual violence had been assaulted by men that they knew. Furthermore, 42% of the assaults took place in the victim's own home. Some people still believe women make false accusation of rape, out of malice, or fear of disapproval following consensual sex. A woman who reports rape undergoes a lengthy Garda interview and an internal medical examination. Months later she may be cross-examined on the details of the rape. It is unlikely that woman would put herself through such an extended ordeal just to substantiate a false allegation. The persistence of these myths contribute to the fear which victims experience in seeking help or reporting the attack. Frequently, the victims are afraid they will not be believed, or will be blamed for provoking the attack. This contributes to the silence that continues to surround crimes of sexual violence.
Effects of sexual assault
Sexual assault is on the most devastating of human experiences. The terror, helplessness, humiliation and pain involved result in severe distress which can have an impact on every aspect of the victim's life. The effects will vary from person to person. However, certain common patterns emerge.
Common immediate effects
* Shock and withdrawal: the victim may be unable to speak about the experience. She may appear 'frozen'.
* Panic and confusion: the victim may be very distraught and show signs of extreme fear.
* A tendency to dwell on the details of the assault.
* Recurrent and intrusive flash backs of the assault.
* Sleeplessness and nightmares.
* Hyper vigilance: a tendency to startle easily.
* Inappropriate calm and rationality: behaving as if nothing unusual had happened.
* Obsessive washing: the victim may feel dirty and tainted.
* Physical trauma: bruising, cuts or soreness, particularly around the genital area.
Common long-term effects
* Recurrent and intrusive recollections of the assault.
* Self-blame and guilt: the woman may agonise over what she did which provoked the attack.
* Fear: the woman may feel unsafe, even in familiar place.
* Deep emotional pain: woman may experience strong feelings of anger, sadness, etc.
* Difficulty in trusting men, even those whom she knows and cares for.
* Sexual difficulties: recollections of the assault may impinge on the woman's sexual relationship with her partner.
* Impaired concentration & memory.
* Difficulty in coping with normal routines.
Help is available in coping with the after effects of sexual assault and rape. The victim can visit her local Rape Crisis Centre, where a counsellor will be available to help her work through the experience. No matter how great the victim's difficulty in coping with the assault, it does not mean that she has developed serious or permanent psychiatric or emotional problems. The process of recovery will enable her to develop insights and strength.
Medical Information
When a person has been raped or sexually assaulted, they need to see a doctor as soon as possible. The idea of a physical examination may be distressing, but from the view of personal health, and for forensic evidence if she decides to report the crime, it is vital that she should seek medical help.
Personal Health
Sexual assault or rape may produce bruising, tearing or lacerations. The injuries may be internal, in the vagina or anus, and need skilled medical help. Sexual assault may cause an infection with a sexually transmitted disease. The victim needs to be tested so that appropriate treatment can be prescribed.
Forensic Evidence
If a victim decides to report an incident of rape or sexual assault to the Gardai, she will be asked to undergo a medical examination to collect forensic evidence. This evidence will be used to support her case. The victim should not wash or shower before seeing a doctor, as this could destroy evidence. She should keep the clothes she was wearing when attacked. The doctor will take a note of any cuts, burns, abrasions etc. on the victim's body. She will carry out a pelvic examination, which involves examining the victim's genital area, and inside her vagina for injuries. The doctor will take samples of any semen or blood present. Samples of the victim's hair, and swabs from under her fingernails and her mouth may be taken. This evidence is sealed, and given to the Gardai for analysis. The victim may be asked to return after a few days in order to photography any bruising which has developed. The doctor will be called later to give evidence in Court, and her testimony will carry a great deal of weight. The Sexual Assault Treatment Unit in the Rotunda Hospital, Dublin, is a specialised medical unit for victims of sexual violence.
Legal Information
A major concern at the Rape Crisis Centre is that fewer than 30% of women who seek our assistance following sexual assault decide to report the crime to the Gardai. This reflects the perception of many victims that the court proceedings are insensitive and intimidating, and that they will not be treated fairly. Whilst we encourage women to report the crime, we also respect whatever decision they make.
Sexual Offences
A sexual offence is a serious crime, and conviction may carry a heavy prison sentence for the offender. At present there are four categories of sexual offence:
Rape
Rape is defined as "unlawful sexual intercourse with a woman who at the time of intercourse does not consent to it", where the man "knows that she does not consent.. Or he is reckless as to whether she does or does not consent to it."
Rape under Section 4
This is defined as a sexual assault that includes "penetration (however slight) of the anus or mouth by the penis, or penetration (however slight) of the vagina by any objects held or manipulated by another person."
Aggravated Sexual Assault
This is a sexual attack that involves serious violence or causes grave injury, humiliation or degradation of the victim.
Sexual Assault
This is a sexual attack with a less serious level of violence. Rape, Rape under Section 4, and Aggravated Sexual Assault carry a maximum penalty of life imprisonment. Sexual assault carries a maximum penalty of five years. Since 1991, a married woman may charge her husband with a sexual offence. Procedure for reporting a sexual offence if a person has been sexually assaulted or raped, and decides to report the crime, she should contact her local Garda Station immediately.