JULY EXAMINATIONS
SECTION B
STUDY UNIT 7: SEXUAL ASSAULT
CRITERIA FOR DETERMINING ABNORMAL SEXUAL BEHAVIOUR
When the behaviour derives from anxiety, inner conflict or inner compulsions.
When the behaviour causes anxiety in the individual and/or the sex partner.
When the behaviour does not provide gratification to the individual and/or sex partner,
while alternative possibilities for gratification exist.
When the persons general psychological functioning is seriously impaired.
When the behaviour injures upsets or humiliates the sex partner.
When the behaviour involves coercion, force or the manipulation of the sex partner.
When the sex partner cannot consent to having sex due to intellectual and/or psychological
limitations.
Sexual behaviour in many societies is a subject fraught with moral codes, taboos, norm expectations,
religious injunctions, myths, and unscientific conclusions.
In the mid-twentieth century, research published by Albert Kinsey and his colleagues (1948, 1953)
helped dispel myths and correct fallacies about sexual behaviour in both men and women based on
survey reports and interviews.
Shortly thereafter, beginning about 1957, William Masters and Virginia Johnson conducted
laboratory experiments during which they observed and recorded psychological and physiological
sexual behaviour in opposite sex couples.
Despite these and other efforts to demystify sexual activity, myths and misconceptions still linger,
including those about sex offenders, who are frequently and incorrectly viewed as a homogenous
class of individuals.
There is no single profile that encompasses even a majority of sex offenders. Research shows that
they differ in personal attributes such as age, background, personality, race, religion, beliefs,
attitudes, and interpersonal skills.
The features of their crimes also differ markedly among offenders, including time and place,
the gender and age of the victim, the degree of planning the offense, and the amount of
violence used or intended.
In addition, sex offenders often commit a variety of crime beyond sexual offenses, although this is
more likely to be the case with rapists than with child molesters.
Research also indicates that sexual reoffending by sex offenders is not as prevalent as previously
assumed.
In fact, there is considerable evidence to show that adult sexual offenders are more likely to
be convicted for nonsexual offenses than they are for sexual offenses, both before and after
a conviction for a sexual offense. Furthermore, whereas sex offending has traditionally been
viewed as a male undertaking, it is clear that female sex offending, though less prevalent, is
, not unusual.
DEFINITIONS AND STATISTICS
The term "sexual assault" has often been preferred to the term "rape" in both research and law.
Sexual assault is more inclusive, encompassing a variety of behaviours that may or may not include
penetration.
Rape is now 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.”
A significant change regards the sex of the victim, an acknowledgement that both females and
males can be raped.
it is clear from the new definition that the penetration of children as well as adults qualifies
as rape.
The old definition (which the UCR refers to as the legacy definition) described rape as carnal
knowledge of a female forcibly and against her will.
The revised definition expands rape to include both male and female victims and
offenders, and reflects the various forms of sexual penetration, including nonconsenting
acts of sodomy and sexual assaults with objects.
The revised definition further includes instances in which the victim is incapable of giving
consent because of temporary or permanent mental or physical incapacity, including due to
the influence of drugs or alcohol.
Force is presumed, even if the individual does not resist.
It is important to emphasize that attempted rape is included in the government's rape data.
Sexual assaults that do not qualify as rape are listed as Part II offenses, for which only arrest
information is gathered.
These other sexual offenses may range from fondling a woman's breast or grabbing a man's
genitals, to lewd and lascivious behaviour, such as exposing one's sexual organs
The UCR program collects offense data through two systems:
Summary Reporting System (SRS)
National Incident-Based Reporting System (NIBRS)
o Definitions in the NIBRS currently include rape, sexual assault with an object,
sodomy, incest, and statutory rape.
o The NIBRS rape definition refers to the carnal knowledge of a person, without the
consent of the victim, including instances where the victim is incapable of giving
consent because of his or her age or because of temporary or permanent mental or
physical incapacity.
o In the NIBRS, sexual assault with an object denotes the use of an object or
instrument to unlawfully penetrate, however slightly, the genital or anal opening of
the body of another person without the consent of the victim, including instances
where the victim is incapable of giving consent because of age or temporary or
permanent mental or physical incapacity.
, Sodomy is defined as oral or anal sexual intercourse with another person, without the consent of
victim, including instances where the victim is incapable of giving consent because of age or because
of temporary or permanent mental or physical incapacity.
Incest refers to on forcible sexual intercourse between persons who are related to each other within
the degrees wherein marriage is prohibited by law.
The National Crime Victimization Survey ((NCVS) provides an invaluable source of information on
sexual victimizations across the United States. The NCVS defines rape as the unlawful penetration of
a person against the will of the victim, and includes penetration from any foreign object.
Sexual assault is defined as an attack generally involving unwanted sexual contact between the
victim and the offender. Sexual assault may or may not involve force and includes grabbing or
fondling. It may also include verbal threats.
Key components of definitions of Sex Crimes from SRS, NIBRS and NCVS:
Source Crime Key Components
SRS of UCR Rape (new definition) Penetration without consent by sex organ of
another or by an object.
Rape (legacy definition) Carnal knowledge of female against her will.
Sexual Assault Variety of offenses of sexual nature; includes
statutory rape.
NIBRS Rape Carnal knowledge of a person without consent.
Sexual assault with an object Unlawful penetration of vaginal or anal opening.
Sodomy Oral or anal intercourse without consent.
Incest Nonforcible sexual intercourse between persons
related to a degree that marriage would
prohibit.
Statutory Rape Consensual intercourse when one party is not of
legal age as defined by statute.
NCVS Rape Unlawful penetration of a person against his or
her will. Includes penetration from an object.
Sexual Assault Attack involving unwanted sexual contact; may
include fondling or grabbing.
Statutory rape is nonforcible sexual intercourse with a person who is under the statutory age of
consent.
In the UCR's SRS, statutory rapes are considered Part II crimes, not rapes, and like other Part
II crimes only arrest data are collected.
Statutory rape pertains exclusively to consensual intercourse, as opposed to other types of
sexual contact.
The critical factor is the age of the victim, an arbitrary legal cut-off point below which a
person is believed not to have the maturity to consent to intercourse or understand the
consequences.
All states prohibit sex with a minor, but the age of consent varies by state.
Most set the limit at 16 or 18.
Also, it is generally understood in many states that an age span must exist between the two
individuals, typically two to four years.
SECTION B
STUDY UNIT 7: SEXUAL ASSAULT
CRITERIA FOR DETERMINING ABNORMAL SEXUAL BEHAVIOUR
When the behaviour derives from anxiety, inner conflict or inner compulsions.
When the behaviour causes anxiety in the individual and/or the sex partner.
When the behaviour does not provide gratification to the individual and/or sex partner,
while alternative possibilities for gratification exist.
When the persons general psychological functioning is seriously impaired.
When the behaviour injures upsets or humiliates the sex partner.
When the behaviour involves coercion, force or the manipulation of the sex partner.
When the sex partner cannot consent to having sex due to intellectual and/or psychological
limitations.
Sexual behaviour in many societies is a subject fraught with moral codes, taboos, norm expectations,
religious injunctions, myths, and unscientific conclusions.
In the mid-twentieth century, research published by Albert Kinsey and his colleagues (1948, 1953)
helped dispel myths and correct fallacies about sexual behaviour in both men and women based on
survey reports and interviews.
Shortly thereafter, beginning about 1957, William Masters and Virginia Johnson conducted
laboratory experiments during which they observed and recorded psychological and physiological
sexual behaviour in opposite sex couples.
Despite these and other efforts to demystify sexual activity, myths and misconceptions still linger,
including those about sex offenders, who are frequently and incorrectly viewed as a homogenous
class of individuals.
There is no single profile that encompasses even a majority of sex offenders. Research shows that
they differ in personal attributes such as age, background, personality, race, religion, beliefs,
attitudes, and interpersonal skills.
The features of their crimes also differ markedly among offenders, including time and place,
the gender and age of the victim, the degree of planning the offense, and the amount of
violence used or intended.
In addition, sex offenders often commit a variety of crime beyond sexual offenses, although this is
more likely to be the case with rapists than with child molesters.
Research also indicates that sexual reoffending by sex offenders is not as prevalent as previously
assumed.
In fact, there is considerable evidence to show that adult sexual offenders are more likely to
be convicted for nonsexual offenses than they are for sexual offenses, both before and after
a conviction for a sexual offense. Furthermore, whereas sex offending has traditionally been
viewed as a male undertaking, it is clear that female sex offending, though less prevalent, is
, not unusual.
DEFINITIONS AND STATISTICS
The term "sexual assault" has often been preferred to the term "rape" in both research and law.
Sexual assault is more inclusive, encompassing a variety of behaviours that may or may not include
penetration.
Rape is now 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.”
A significant change regards the sex of the victim, an acknowledgement that both females and
males can be raped.
it is clear from the new definition that the penetration of children as well as adults qualifies
as rape.
The old definition (which the UCR refers to as the legacy definition) described rape as carnal
knowledge of a female forcibly and against her will.
The revised definition expands rape to include both male and female victims and
offenders, and reflects the various forms of sexual penetration, including nonconsenting
acts of sodomy and sexual assaults with objects.
The revised definition further includes instances in which the victim is incapable of giving
consent because of temporary or permanent mental or physical incapacity, including due to
the influence of drugs or alcohol.
Force is presumed, even if the individual does not resist.
It is important to emphasize that attempted rape is included in the government's rape data.
Sexual assaults that do not qualify as rape are listed as Part II offenses, for which only arrest
information is gathered.
These other sexual offenses may range from fondling a woman's breast or grabbing a man's
genitals, to lewd and lascivious behaviour, such as exposing one's sexual organs
The UCR program collects offense data through two systems:
Summary Reporting System (SRS)
National Incident-Based Reporting System (NIBRS)
o Definitions in the NIBRS currently include rape, sexual assault with an object,
sodomy, incest, and statutory rape.
o The NIBRS rape definition refers to the carnal knowledge of a person, without the
consent of the victim, including instances where the victim is incapable of giving
consent because of his or her age or because of temporary or permanent mental or
physical incapacity.
o In the NIBRS, sexual assault with an object denotes the use of an object or
instrument to unlawfully penetrate, however slightly, the genital or anal opening of
the body of another person without the consent of the victim, including instances
where the victim is incapable of giving consent because of age or temporary or
permanent mental or physical incapacity.
, Sodomy is defined as oral or anal sexual intercourse with another person, without the consent of
victim, including instances where the victim is incapable of giving consent because of age or because
of temporary or permanent mental or physical incapacity.
Incest refers to on forcible sexual intercourse between persons who are related to each other within
the degrees wherein marriage is prohibited by law.
The National Crime Victimization Survey ((NCVS) provides an invaluable source of information on
sexual victimizations across the United States. The NCVS defines rape as the unlawful penetration of
a person against the will of the victim, and includes penetration from any foreign object.
Sexual assault is defined as an attack generally involving unwanted sexual contact between the
victim and the offender. Sexual assault may or may not involve force and includes grabbing or
fondling. It may also include verbal threats.
Key components of definitions of Sex Crimes from SRS, NIBRS and NCVS:
Source Crime Key Components
SRS of UCR Rape (new definition) Penetration without consent by sex organ of
another or by an object.
Rape (legacy definition) Carnal knowledge of female against her will.
Sexual Assault Variety of offenses of sexual nature; includes
statutory rape.
NIBRS Rape Carnal knowledge of a person without consent.
Sexual assault with an object Unlawful penetration of vaginal or anal opening.
Sodomy Oral or anal intercourse without consent.
Incest Nonforcible sexual intercourse between persons
related to a degree that marriage would
prohibit.
Statutory Rape Consensual intercourse when one party is not of
legal age as defined by statute.
NCVS Rape Unlawful penetration of a person against his or
her will. Includes penetration from an object.
Sexual Assault Attack involving unwanted sexual contact; may
include fondling or grabbing.
Statutory rape is nonforcible sexual intercourse with a person who is under the statutory age of
consent.
In the UCR's SRS, statutory rapes are considered Part II crimes, not rapes, and like other Part
II crimes only arrest data are collected.
Statutory rape pertains exclusively to consensual intercourse, as opposed to other types of
sexual contact.
The critical factor is the age of the victim, an arbitrary legal cut-off point below which a
person is believed not to have the maturity to consent to intercourse or understand the
consequences.
All states prohibit sex with a minor, but the age of consent varies by state.
Most set the limit at 16 or 18.
Also, it is generally understood in many states that an age span must exist between the two
individuals, typically two to four years.
