If Someone Says No During Sex but Continues After Saying So is It Counted as Rape
Rape happens when someone didn't want to have sex or didn't give their consent for sex to happen.
It is a form of sexual violence and a very serious crime that carries the same maximum sentence as murder.
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 are affected by anything you read here, you can talk to us.
The Sexual Offences Act 2003 says that someone commits rape if all of the following happens:
- They intentionally penetrate the vagina, anus or mouth of another person with their penis.
- The other person does not consent to the penetration.
- They do not reasonably believe that the other person consents.
This includes if...
- The two people are married or in a relationship.
- The other person consented to one type of penetration (e.g. vaginal or oral sex), but not another (e.g. anal sex).
- Someone removes a condom without the other person's permission – or lies about putting one on. This is commonly known as 'stealthing'.
What the law in England and Wales is basically saying:
Rape is when someone puts their penis in another person's vagina, anus or mouth on purpose, without the other person's consent.
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.
At Rape Crisis, we use words that are meaningful to the victim or survivor, not just legal terms.
It is NOT consent if you or someone else was:
- Asleep, unconscious, drunk, drugged or 'on' drugs.
- Pressured, manipulated, tricked or scared into saying yes.
- Too young or vulnerable to have the freedom and capacity to make that choice.
Consent can be withdrawn at any time, including during sex or a sexual act. Just because someone consented to something before doesn't mean they consented to it happening again.
If someone's unsure whether the other person is giving their consent for something sexual, they should always check with them.
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:
- pressure
- manipulation
- bullying
- intimidation
- threats
- deception
- drugs or alcohol
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.
Who commits rape?
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.
'Types' of rape
Sometimes, people use extra words to describe rape – for example:
- 'Date rape'.
- 'Rape in marriage'.
- 'Stranger rape'.
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.
Source: https://rapecrisis.org.uk/get-informed/types-of-sexual-violence/what-is-rape/
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