Sexual abuse is a serious issue that demands clear understanding. It’s crucial to define what constitutes sexual abuse to protect individuals and prevent such acts. This article aims to provide a comprehensive overview of sexual abuse, drawing from established definitions and resources.
Sexual abuse takes place when a person knowingly causes another person to engage in a sex act by threatening or placing the other person in fear, or if someone engages in a sexual act with a person who is incapable of appraising the nature of the act or unable to give consent. This definition is provided by the National Sexual Violence Resource Center (NSVRC) (https://www.nsvrc.org/sarts/toolkit/2-1).
To fully understand sexual abuse, it’s important to differentiate it from related terms and concepts:
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Sexual Assault: According to the Office on Violence Against Women, sexual assault is any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks the capacity to consent. State laws provide varying definitions of sexual assault.
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Sexual Misconduct: This term is often used in institutions of higher education. Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. Sexual misconduct can be committed by a person of any gender and can occur between people of the same or different genders.
Alt: Campus banner promoting “Let’s Talk” about sexual misconduct, a resource from NSVRC.
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Sex Act (or Sexual Act): This involves contact between the penis and the vulva or the penis and the anus involving penetration, however slight; contact between the mouth and the penis, vulva, or anus; or penetration of the anal or genital opening of another person by a hand, finger, or other object.
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Consent: Freely given agreement to have sexual intercourse or sexual contact as indicated by words or overt actions by a person legally and functionally competent. Consent is a crucial element; without it, a sexual act can be considered abusive or assaultive.
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Sexual Violence: This is a sexual act that is committed or attempted by another person without freely given consent of the victim or against someone who is unable to consent or refuse. It includes forced or alcohol/ drug facilitated penetration of a victim; forced or alcohol/drug facilitated incidents in which the victim was made to penetrate a perpetrator or someone else; non-physically pressured unwanted penetration; intentional sexual touching; or non-contact acts of a sexual nature. Sexual violence can also occur when a perpetrator forces or coerces a victim to engage in sexual acts with a third party.
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Sexual Harassment: This includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. The U.S. Equal Employment Opportunity Commission (EEOC) provides further information on this topic (https://www.eeoc.gov/sexual-harassment).
Alt: Seal of the U.S. Equal Employment Opportunity Commission (EEOC), emphasizing the organization’s authority on workplace harassment.
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Rape: This is defined as the 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. This definition includes any gender of victim and perpetrator, and acknowledges that rape with an object can be as traumatic as penile/vaginal rape. It also includes instances in which the victim is unable to give consent because of temporary or permanent mental or physical incapacity, or due to the ingestion of drugs or alcohol. The Department of Justice provides further information on the updated definition of rape (https://www.justice.gov/archives/opa/blog/updated-definition-rape).
It is also crucial to remember Person-first language: Using “person-first” language honors the various ways people self-identify and emphasizes that a behavior or experience does not define the whole person. Descriptions of someone’s behavior such as “the person who sexually abused a child,” “the child who was sexually abused” or the “child who was harmed” are used rather than defining an individual by their actions or what happened to them (e.g., offender, abuser, or victim, survivor.)
In conclusion, understanding “What Is Sexual Abuse” necessitates recognizing the lack of consent, the presence of coercion or threat, or the exploitation of someone unable to give consent. This knowledge is crucial for prevention, education, and support for those affected by sexual abuse.
