How do you Legally Define Rape and Sexual Assault?

Legal Terminology (The language used in Indiana court rooms)

Rape: (according to the Indiana Criminal Code, #35-42-4-1)

Class B Felony -- Knowingly or intentionally having sexual intercourse with a member of the opposite sex when: 1) the other person is compelled by force or the imminent threat of force; 2) the other person is unaware that sexual intercourse is occurring; 3) the other person is so mentally disabled or deficient that consent to intercourse cannot be given.

Class A Felony -- The offense is committed by using or threatening the use of deadly force, committed while armed with a deadly weapon, or results in serious bodily injury to a person other than the defendant.

FBI Terminology:

The following definitions are those outlined in the FBI's National Incident - Based Reporting System which colleges use to report sex crime statistics.

Forcible Sex Offense: Any sexual act directed against another person, forcibly or against that person's will. Includes forcible rape, forcible sodomy, sexual asualt with an object, and forcible fondling.

Non-Forcible Sex Offense: Unlawful, non-forcible sexual intercourse. Includes incest and statutory rape.

Non-legal Terminology (The language used by lay persons; social scientists)

Acquaintance Rape: Rape (as defined by state statutes) upon someone by a person he or she knows.

Date Rape: An interaction that begins between two persons in the context of a social event or gathering, and ends with one person forcing the other to participate in oral, anal, or vaginal intercourse against his or her will.

Gang Rape: Rape (as defined by state statutes) upon someone by two or more persons, in tandem or one after the other.

*Sexual Assault: Any unwanted sexual activity forced by one person on another.

*Sexual Battery: Forced oral, anal, or vaginal penetration by any object, except when these acts are performed for bona fide medical purposes.

*Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other physical, written, or oral intimidation of an offensive sexual nature.

*In Indiana this term meets the legal definition of both Criminal Deviate Conduct (35-42-4-2) and Sexual Battery (35-42-4-8).

Types of Sexual Victimization

In the chart below, each term is considered to be subsumed under the heading of the term immediately above it. For example: A woman who is sexually battered has also been subjected to a sexual assault which in turn is a form of sexual harassment.

Rape Decision Table

Source The University of Notre Dame

For additional informaiton please see:

• Truth About Rape
• Through a Rapist’s Eyes?
• Crisis Connection Rape Statistics
• Rape Statistics
• Indiana Sex & Violent Offender Registry
• College Campuses and Rape
• What To Do If You Have Been Raped
• Indiana Statutes of Limitations: Sex Crimes
• Indiana 2007 Sexual Assault Legislation
• Healing After Rape
• RAINN
• Sexual Harassment
• Self-Mutilation
• Speakers Available