Sexual Violence: Rape + Sexual Assault
Definitions
A sex offender is…someone who has committed sexual behaviour prohibited by the
law.
No universally accepted definition of sexual offences (e.g. marital rape).
In E&W, this could mean:
- Offences included in the Sexual Offences Act 2003
- Offences subject to the Sex Offenders Register (SOR)
BUT some offences prosecuted elsewhere (e.g. PCA 1978 and CJA 1988 for indecent
images of children – inc. pseudo-photographs since 1994).
AND almost any offence could have a sexual motive (e.g. sexually motivated stalking
under the PHA 1997)
Definitions Reflect Cultural Attitudes
In England & Wales:
- Incest criminalised in 1908
- Homosexual activity decriminalised in 1967 (age of consent lowered from 21 to
18 in 1994; and to 16 in 2000)
- Rape in marriage criminalised in 1991
- “Buggery” charged as rape since 1994
- Assault by penetration introduced in 2003.
SOA remained largely unchanged since 2003
- e.g. Voyeurism Act 2019 introduced new offence of “upskirting” (section 67A)
Breadth + Scope of Sexual Violence
Contact (e.g. rape, assault by penetration, sexual assault)
Non-contact (e.g. voyeurism, exposure, indecent images)
Non-consensual (e.g. rape, sexual assault, causing sexual activity)
Consensual (e.g. incest, sex in a public lavatory)
Preparatory (e.g. trespass with intent, administering a substance with intent)
Age of Consent: What is a Child?
No universal agreement over age of consent for sex - see worldwide list
- Can depend whether the couple is married or same/opposite sex
In E&EW, victim under 13 years old = statutory rape
- Strict liability offence (*but more exceptions for young defendants)
- 6-19 years custodial tariff (max life licence)
Victim over 13 but under 16 = sexual activity with a child
- Defendant does not reasonably believe victim is over 16
- Community order - 14 years custody
Victim under 18, and defendant aged 18+ and in a ‘position of trust’
- Community order - 5 years custody
Children as Perpetrators of Sexual Offence?
Age of criminal responsibility in E&W ordinarily 10
- Children below this cannot be arrested or charged with a crime
, - Aged 10+ charged and sentenced under exactly the same legislation as adults
SOA extends age of criminal responsibility to 18
- So, sentencing guidelines only apply to perpetrators aged 18+ and there are no
mandatory sentences for ‘child perpetrators’
What is a Paraphilia?
DSM-5 Paraphilia = “recurrent, intense sexual urges and arousing fantasies where
the source of attraction is considered unusual (possibly deviant and perverse)”
- ‘Para’= something deviant, abnormal or unusual (i.e. paranormal)
- ‘Philia’ = sexual attraction to something
Too many paraphilias to list (e.g. necrophila, zoophilia, gerontophilia, hybristophilia,
coprophilia)
Overlaps with ‘fetishes’ – some more controversial than others
- Some (but not all) paraphilias are illegal
- Not all sexual offences are paraphilias
What is a Paedophilia?
DSM-5 paedophilia: “recurrent, intense sexually arousing fantasises, sexual urges, or
sexual behaviours involving sexual activity with a prepubescent child or children
(generally aged 13 years and younger)”
Pedophilia is not necessarily a crime – need to possess both the MR and AR
Not all Child Sex Offenders are Paedophiles?
Not all child sexual offences are motivated by sexual attraction to children.
See typology of child sex offenders as situational/opportunistic vs. preferential/fixed
(Groth, 1979)
Latter category most closely resembles paedophile
Child sex offenders meeting the criteria for paedophilia 2-10% (Lanning, 2001) +
many more show cross-over with respect to age of victim.
Hence prefer term ‘child sexual offenders’ since captures all of those who sexually
offend against children – risk of excluding largest majority
Theoretical Explanations
Illustrate four perspectives”
- Medical
- Evolutionary
- Sociological (feminism)
- Psycho-social (SLT)
Medical Perspective
Traditionally adopted a biological view of sex (i.e. for reproduction)
- This can only be achieved through sexual intercourse between a man and woman
(anything else is pointless and deviant!)
- Foreplay is a means-to-an-end (sexual arousal for intercourse)
- Begrudgingly acknowledged sex might allow relief of sexual tension
Mostly focused on explaining rape because that is the end goal (sexual assault a
thwarted attempt at rape)
Definitions
A sex offender is…someone who has committed sexual behaviour prohibited by the
law.
No universally accepted definition of sexual offences (e.g. marital rape).
In E&W, this could mean:
- Offences included in the Sexual Offences Act 2003
- Offences subject to the Sex Offenders Register (SOR)
BUT some offences prosecuted elsewhere (e.g. PCA 1978 and CJA 1988 for indecent
images of children – inc. pseudo-photographs since 1994).
AND almost any offence could have a sexual motive (e.g. sexually motivated stalking
under the PHA 1997)
Definitions Reflect Cultural Attitudes
In England & Wales:
- Incest criminalised in 1908
- Homosexual activity decriminalised in 1967 (age of consent lowered from 21 to
18 in 1994; and to 16 in 2000)
- Rape in marriage criminalised in 1991
- “Buggery” charged as rape since 1994
- Assault by penetration introduced in 2003.
SOA remained largely unchanged since 2003
- e.g. Voyeurism Act 2019 introduced new offence of “upskirting” (section 67A)
Breadth + Scope of Sexual Violence
Contact (e.g. rape, assault by penetration, sexual assault)
Non-contact (e.g. voyeurism, exposure, indecent images)
Non-consensual (e.g. rape, sexual assault, causing sexual activity)
Consensual (e.g. incest, sex in a public lavatory)
Preparatory (e.g. trespass with intent, administering a substance with intent)
Age of Consent: What is a Child?
No universal agreement over age of consent for sex - see worldwide list
- Can depend whether the couple is married or same/opposite sex
In E&EW, victim under 13 years old = statutory rape
- Strict liability offence (*but more exceptions for young defendants)
- 6-19 years custodial tariff (max life licence)
Victim over 13 but under 16 = sexual activity with a child
- Defendant does not reasonably believe victim is over 16
- Community order - 14 years custody
Victim under 18, and defendant aged 18+ and in a ‘position of trust’
- Community order - 5 years custody
Children as Perpetrators of Sexual Offence?
Age of criminal responsibility in E&W ordinarily 10
- Children below this cannot be arrested or charged with a crime
, - Aged 10+ charged and sentenced under exactly the same legislation as adults
SOA extends age of criminal responsibility to 18
- So, sentencing guidelines only apply to perpetrators aged 18+ and there are no
mandatory sentences for ‘child perpetrators’
What is a Paraphilia?
DSM-5 Paraphilia = “recurrent, intense sexual urges and arousing fantasies where
the source of attraction is considered unusual (possibly deviant and perverse)”
- ‘Para’= something deviant, abnormal or unusual (i.e. paranormal)
- ‘Philia’ = sexual attraction to something
Too many paraphilias to list (e.g. necrophila, zoophilia, gerontophilia, hybristophilia,
coprophilia)
Overlaps with ‘fetishes’ – some more controversial than others
- Some (but not all) paraphilias are illegal
- Not all sexual offences are paraphilias
What is a Paedophilia?
DSM-5 paedophilia: “recurrent, intense sexually arousing fantasises, sexual urges, or
sexual behaviours involving sexual activity with a prepubescent child or children
(generally aged 13 years and younger)”
Pedophilia is not necessarily a crime – need to possess both the MR and AR
Not all Child Sex Offenders are Paedophiles?
Not all child sexual offences are motivated by sexual attraction to children.
See typology of child sex offenders as situational/opportunistic vs. preferential/fixed
(Groth, 1979)
Latter category most closely resembles paedophile
Child sex offenders meeting the criteria for paedophilia 2-10% (Lanning, 2001) +
many more show cross-over with respect to age of victim.
Hence prefer term ‘child sexual offenders’ since captures all of those who sexually
offend against children – risk of excluding largest majority
Theoretical Explanations
Illustrate four perspectives”
- Medical
- Evolutionary
- Sociological (feminism)
- Psycho-social (SLT)
Medical Perspective
Traditionally adopted a biological view of sex (i.e. for reproduction)
- This can only be achieved through sexual intercourse between a man and woman
(anything else is pointless and deviant!)
- Foreplay is a means-to-an-end (sexual arousal for intercourse)
- Begrudgingly acknowledged sex might allow relief of sexual tension
Mostly focused on explaining rape because that is the end goal (sexual assault a
thwarted attempt at rape)
