Prohibited Sexual Behavior and Sexual Violence

Sexual Violence: Rape: Definition

The English word “rape” is derived from the Latin verb “rapere”: to seize by force. As we have seen, originally it referred to both abduction and sexual assault, because they were once two facets of the same crime. Even today, the word has retained some non-sexual connotations (e.g. the expression “rape of a country” and Alexander Pope’s poem of 1712 “The Rape of the Lock”). In the present context, we use the following definition:

Rape is sexual contact without the valid consent of one of the partners.

This definition fits all cases of sexual violence, but it is not universally shared. Many legislatures define rape much more narrowly as “vaginal intercourse without consent” and this clearly does not include oral and anal intercourse. Some other legislatures include them, but only if there is “penetration” by a penis. Others go further and include the penetration by an object like a broomstick, a bottle, a vibrator etc. Still others include forcible masturbation and the mere apposition of sex organs. Some legal definitions cover only the rape of females and list the rape of males under separate statutes. Finally, there is no universal agreement about the validity of “consent”. After all, the consent, although given, may be invalid because the consenting person is “under age” or mentally impaired, or is being threatened or coerced in some way, or is under the influence of alcohol or some other drug. These cases are usually also prosecuted, by they are handled differently in different countries.