Question

When does sexual assault count as rape?

Answer

Thank you for asking this question. In legal terms, the definition of sexual assault and rape varies depending on jurisdiction. This means that depending on the geographical area where you live, laws may be interpreted and applied differently with slight variations in definitions. To learn about the resources in your area to help you navigate these definitions, if you live in the United States, go to this link , click on the state that you live in, and talk to your local victim assistance office. If you do not live in the United States, read up on your local laws and see how they define these concepts. 

Generally, rape is considered a specific form of sexual assault that involves non-consensual penetration. RAINN, the largest sexual violence organization in the US, defines sexual assault as "sexual contact or behavior that occurs without explicit consent of the victim." For the definition of rape, RAINN quotes the FBI: "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim."

However, as mentioned, laws differ by geographic location, so it's essential to consult the legal statutes in your specific location to understand the criteria that define sexual assault and rape if you are seeking this answer for a legal purposes. If you are trying to define this for yourself external from the criminal-legal system, we encourage you to use the definition that feels best for you. You are the expert on your own experiences and what you need to label them as to continue on your healing journey.

Whether you define your experience as sexual assault or rape, know that the aftermath of both can be supported by reaching out to your local sexual violence or rape crisis center. You do not need to go through this alone. Thank you for your question.