Talk:Sexual assault

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definition of sexual assault : "illegal sexual contact that usually involves force upon a person without consent or is inflicted upon a person who is incapable of giving consent (as because of age or physical or mental incapacity) or who places the assailant (as a doctor) in a position of trust or authority "

Merriam-Webster Online Dictionary

"Specific laws vary by state, but sexual assault generally refers to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive. These crimes can range from sexual groping or assault/battery, to attempted rape."

Findlaw --Survivor 03:12, 21 December 2005 (UTC)

Small problem: wikipedia cannot say "you should" do this or "you should" do that. Any recommendation needs to be attached to a party making them.

Bigger meta-problem: The legal distinction, or social distinction, between "sexual assault" and "rape" is blurry. For example, the definition of "sexual assault" at [1] would include touching the victims buttocks through clothing without prior obvious and clear consent. Meanwhile, according to [2], all sexual assault is rape. If someone wants to take on a useful project, working on a clear distinction within wikipedia between sexual assault and rape would be worthwhile. Otherwise, as it stands, this article and rape should just about be merged together. -BuddhaInside

Just because some sources claim that all sexual assault is rape doesn't make it so. Legally, rape is distinguised from sexual assault in many (most?) juristictions. Nor are the terms identical in common usage.

Generally I find this article somewhat POV. I will give it some attention when I find the time. -- Daran 16:41, 18 Sep 2003 (UTC)

Buddha - "Some suggest that victims should be referred to additional resources and made aware of their rights under policy and law."

That's an incredibly silly way to phrase that. Evercat 17:58, 18 Sep 2003 (UTC)

Yes, there should be a better way. -BuddhaInside

Can I suggest a compromise between the two of you? Why not have a section on Best Practice. Evercat should cite an medical or other authoritative source, and Buddha should refrain from contradicting it unless s/he can find an comparible authority. -- Daran 04:33, 19 Sep 2003 (UTC)

Daran, compromise on the content of the article, yes. Compromise on what is "true", no. You say I should refrain from contradicting evercat unless I can cite an authority. Why did you not say s/he should refrain from contradicting me unless s/he can cite an authority?

Try swapping the names in that sentence. Perhaps then it will become a little more clear to you, since it is essentially the same either way. Ducker

Congratulations. I see that you grasped my point. -BuddhaInside

I did say s/he should cite an authority. In case it's not clear, I have found both your approaches so far to this issue unsatisfactory.

It's not the job of an encyclopaedia to give every POV no matter how idiosyncratic. POVs should be reported if they are significant, either because they're widespread (many people think that...) or because they're authoritative or influential in some way (Dr. Sixpack, of the National Federation of Rape Crisis Centres says...) Evercat should cite an authoritative source for his/r claims. You should cite one if you wish to include a contrary POV. -- Daran

"Emergency Contraception" illegal in Chile [3], illegal in Poland [4], australia, italy, ireland, portugal, malta, etc, etc. Wikipedia can not state that doctors "should make victims aware of emergency contraception" when emergency contraception is something that is specifically illegal in several jurisdictions worldwide. Cutting to the heart of the ethical dilema, wikpedia itself, as an encyclopedia, cannot take a stance on this. There are (some) legal and moral authorities which hold that all abortion is wrong, even in the case of Rape. Wikipedia does not reflect purely American norms, and cannot override these legal and moral authorities. It can only cite and point towards alternative legal and moral authorities. -BuddhaInside

Fine. You're quite right. But "Involuntary administration of emergency contraception may be considered in societies where such administration is both socially acceptable and legal." - where does this happen? Evercat 13:18, 20 Sep 2003 (UTC)

That is a very good question. If you read the article history you will see that I did not add that text. -BuddhaInside

Ah. OK, sorry. Evercat 14:30, 20 Sep 2003 (UTC)

As I wrote above, I did not write the original comment. But I just finished doing a little googling and found that, astoundingly to me, China (~20% of the worlds population) appears to be a nation where involuntary administration of abortificants is considered a social good. Whether that is directly related to the topic of "Sexual assault", I do not know. -BuddhaInside

(Comment crossposted from Talk:rape due to relevance) I have broken out the handling of rape as a medical emergency into the new topic sexual assault and linked it appropriately. This is the term used in first aid and EMT instruction for this sensitive topic. Please remember that some of the readers of this entry will be reading it because they need information on the subject for urgent personal reasons. I cannot think of a topic where NPOV is more critical not only to the credibility of Wikipedia, but to the common humanity of our readers. clarka

I am considerably impressed by the way in which this article has morphed while I wasn't looking. I should add that I like the current NPOV, because it differs from my personal and American-centric views but is much stronger than my original version. 7 April 2004 clarka

I would like to know where in South America the author claims of emergency contraception is not socially acceptable -- I've been in a lot of countries there and never saw one that fits in what the author describes. Please change...

Contents 1 First Aid 2 Complete re-write 3 Article all wrong 4 Legal Definitions 5 Wrong 6 POV tag 7 A complete re write of this article

[edit] First Aid

Whoever wrote the first aid section needs to substantiate this advice. Anybody can write a paragrah saying "do this" or "do that", but this is an encyclopedia, and the readers are looking for verifiable information from professionals. If not fixed soon, will be considered for deletion.--Esprit15d 16:30, 19 December 2005 (UTC)

I am a first aid instructor. The copyrighted nature of national curricula prohibits me from citing American Red Cross, Medic First Aid, etc. guidelines. If you insist on being tiresome, I shall cite as many of the first aid books on my shelf as are necessary to make you go away. There is little a first aid provider should do differently for a victim of sexual assault aside from being sensitive and understanding. clarka 12.27.05

[edit] Complete re-write

This article needs a complete re-write. Some "sub-headings" are not even full paragrahs. There are sections that are not in complete sentences. And it starts off with this disclaimer: "The etiologies and proximate causes of sexual assault are beyond the scope of this article." What does that mean? And why discredit the article right from the beginning? That tells the reader 'Why bother reading it?'

It doesn't have a world view, and gives un-substantiated advice advice as if it is a field guide. For example "Call for help or assist the victim in self-transport to the nearest hospital emergency room" What if the reader is in school doing a report on sexual assault. It should written from a universal style. There also isn't a reference in sight.

Additionally, sexual assault is far to broad a term to only include information regarding medical emegencies. Such a topic would be an appropriate sub heading, or a separate article that can be linked to from here.

There is salvageable information here, but in its current form, it needs a lot of work.--Esprit15d 16:53, 19 December 2005 (UTC)

As requested I have just done a complete re-write of this article to bring it back to its original purpose and focus, as documented in talk comments above. I have added a number of additional citations and references, supplementing the ones already present in the article. You will find that all advice given is well within the standards followed by Western health and policing agencies. (Anyone with non-Western perspectives is strongly encouraged to contribute them.)

I have also carefully signposted the article in its header, and explained fully in more detail here, so that those who disagree can argue the point on the Talk page instead of engaging in partial additions and psuedo-corrections.

Sexual assault is the accepted term in both the medical and law enforcement communities for how to train people (ranging from laypersons to professionals) in how to help rape victims. When an EMT or police officer goes to training to help rape victims, it is titled "sexual assault training."

I respectfully request that you read the article Rape before proceeding further. Sexual assault as an article is not INTENDED to be an article about the difference between forced sex and rape. If you really want to write about that, why don't you create an article titled "forced sex." But, if you please, not at the expense of removing basic information about how to react to sexual assault from a world encyclopedia.

clarka 12.27.05

[edit] Article all wrong

This isn't a help and support centre and that is just what the article is. Skinnyweed 17:53, 20 May 2006 (UTC)

[edit] Legal Definitions

I was looking for the legal definitions of what is sexual assault. I understand that these vary by country and by state (in the USA) and/or province. But surely there could be an article somewhere that discusses this with links to the laws in various places? Any suggestions what that article should be/is called?

I like the concept of this article(though I agree it could use some work) and I am glad that it is the first page that a user looks for (though I hope anyone who is raped/assaulted has better resources than wikipedia (much as I love wikipedia). However the legal definitions are much more factual.

Mystic eye 16:02, 25 August 2006 (UTC) I just wanted to let you know that according to RAINN, the Rape, Abuse and Incest National Network...Rape and sexual assault are defined seperetly, however the legal jargon for sexual assault can vary a lot throughout the US and they may be very factual but they may be hard to understand for someone who has no legal background. I would recommend this website to anyone wondering about the legal asspects of sexual assault and also anyone wondering about the stats that go along with it. Just an idea.Summerhopper 05:58, 8 March 2007 (UTC)SLH

In the most general terms, sexual assault is any unwanted sexual contact and rape is specifically intercourse. Of course it varies wildly from state to state. — NRen2k5^(TALK), 11:05, 6 May 2008 (UTC)

[edit] Wrong

This article describes how to prevent sexual assault. It should describe what sexual assault is and how it is committed.

I'll add to that and mention that the prevention section isn't even all that accurate to begin with. Statalyzer (talk) 18:41, 8 April 2008 (UTC)

[edit] POV tag

I'm doing tag cleanup, and often remove tags that aren't adequately commented or that are old. In this case I have to agree with many here - the first paragraph could be expanded a bit, and the rest of the article has no place here, IMO. No tag removal here....Jjdon (talk) 19:51, 29 April 2008 (UTC)

I suppose the article could use some work. The section about reducing the incidence of rape is horrible and should probably be done away with entirely. I'd like to take this opportunity to informally request that we do exactly that. In the meantime, I've hit it with some tags to raise attention and encourage discussion on the topic. — NRen2k5^(TALK), 08:49, 2 May 2008 (UTC)

[edit] A complete re write of this article

After seeing the quality of the article on rape I decided to make some edits and re writes (e.g.Rape trauma syndrome). I've been making steady progress on the subject however today I hit a brick wall. The problem is that the article on rape deals specifically with sexual intercourse without consent. However the effects for a rape victim are the same for a victim of other forms of sexual abuse. The motives of a rapist are the same as the motives of sexual abusers. When creating articles except for subtle differences rape and other forms of sexual abuse are the same.(this is a very sensitive subject so let me just say I'm not implying rape and sexual assault are the same for the victim)

I think the information in the rape article should be merged the sexual assault article to creating a new article "sexual violence".

Then I looked at this article.

By wikipedias, or by any standard this article is at best useless and at worst misleading. It seems to have been be written by every crank putting in there own two cents. It's packed with unreferenced contributions from ultra feminists and idiots. I don't know how this article has remained in this state for so long.

This article bests itself with

"The most effective 'tip' for how to prevent sexual assault is to not perpetrate sexual assault. If no one perpetrated this crime, it would be eliminated"

I would love to meet the person who wrote this.

They should be banned from wikipedia on general principles.

If you look at other articles relating to this subject (e.g.Rape, Sociobiological theories of rape, Child sexual abuse) their standards are not much better.

I think this article and the rape article should not be part of the common law series. For it to meet wikipedias standards these articles have to deal with a vast array of issues and fields. I think there should be a article on sexual assault and rape in the common law series but I think wikipedias article on sexual assault and rape should be far more comprehensive.

There is a lot of ignorance around the subject of sexual assault. On wikipedia and in general. This is why I think its vital that this article be improved.

There should also be a "sexual violence" portal to help coordinate the effort.

However there isn't one and I'm not able or qualified to start one.

So here's my plan. The article should be renamed "sexual violence" so it can act the way the Ireland article links the Irish history article and the Irish people article.

This subject needs a comprehensive structure. The article Sexual assault should be the primary article around which every other article in this subject pivots. Each article has to have the obvious i.e NPV, NOR............ Not being idiotic. I think the Sexual assault article should look something like this

Contents
   * 1 Definition of sexual assault
         o 1.1 Forms and contexts of sexual violence
   * 2 The extent of the problem
         o 2.1 Sources of data
         o 2.2 Estimates of sexual violence
               + 2.2.1 Sexual violence by intimate partners
               + 2.2.2 Forced sexual initiation
               + 2.2.3 Gang rape
               + 2.2.4 Sexual trafficking
               + 2.2.5 Sexual violence against sex workers
         o 2.3 Sexual violence against men and boys
               + 2.3.1 The extent of the problem
               + 2.3.2 Consequences of sexual violence
               + 2.3.3 Prevention and policy responses
         o 2.4 Sexual violence in schools, health care settings, armed conflicts and refugee settings
               + 2.4.1 Schools
               + 2.4.2 Health care settings
               + 2.4.3 Armed conflicts and refugee settings
         o 2.5 Customary forms of sexual violence
               + 2.5.1 Child marriage
               + 2.5.2 Other customs leading to violence
   * 3 What are the risk factors for sexual violence?
         o 3.1 Factors increasing women's vulnerability
         o 3.2 Age
         o 3.3 Alcohol and drug consumption
         o 3.4 Having previously been raped or sexually abused
         o 3.5 Having many sexual partners
         o 3.6 Educational level
         o 3.7 Poverty
   * 4 Factors increasing men's risk of committing rape
         o 4.1 Alcohol and drug consumption
         o 4.2 Psychological factors
         o 4.3 Peer and family factors
               + 4.3.1 Gang rape
               + 4.3.2 Early childhood environments
               + 4.3.3 Family honour and sexual purity
         o 4.4 Community factors
               + 4.4.1 Poverty
               + 4.4.2 Physical and social environment
         o 4.5 Societal factors
               + 4.5.1 Laws and policies
               + 4.5.2 Social norms
               + 4.5.3 Global trends and economic factors
   * 5 The consequences of sexual violence
         o 5.1 Pregnancy and gynaecological complications
         o 5.2 Sexually transmitted diseases
         o 5.3 Mental health
         o 5.4 Suicidal behaviour
         o 5.5 Social ostracization
   * 6 What can be done to prevent sexual violence?
         o 6.1 Individual approaches
               + 6.1.1 Psychological care and support
               + 6.1.2 Programmes for perpetrators
               + 6.1.3 Developmental approaches
         o 6.2 Health care responses
               + 6.2.1 Medico-legal services
               + 6.2.2 Training for health care professionals
               + 6.2.3 Prophylaxis for HIV infection
               + 6.2.4 Centres providing comprehensive care to victims of sexual assault
         o 6.3 Community-based efforts
               + 6.3.1 Prevention campaigns
               + 6.3.2 Community activism by men
               + 6.3.3 School-based programmes
         o 6.4 Legal and policy responses
               + 6.4.1 Legal reform
               + 6.4.2 International treaties
         o 6.5 Actions to prevent other forms of sexual violence
               + 6.5.1 Sexual trafficking
               + 6.5.2 Female genital mutilation
               + 6.5.3 Child marriage
               + 6.5.4 Rape during armed conflicts
   * 7 Sexual violence and HIV/AIDS
   * 8 See also
   * 9 References
   * 10 Further reading
   * 11 External links
         o 11.1 National organizations
         o 11.2 Support organizations
         o 11.3 Research and information

This is a theoretical contents box. Writing the actual article in this form would make it far too long.

However every article linked to this one needs to be of the highest quality or else this article won't work.

Over the next few days section by section I'll start creating or rewriting articles that fall under the titles above. I'm going to incorporate all relevant information that currently exists into these articles and will add more relevant referenced material.

I'd appreciate any help or suggestions.

P.S. I posted the same message on the rape articles talk page

Jmckeon ie (talk) 21:41, 23 May 2008 (UTC)

I disagree. Please review my alternate suggestion on the rape talk page under sexual assault v. rape. Both the rape page and the sexual assault page lack the clear definitions of how these terms are distinguished from one another. In some jurisdictions, the crime of rape and the crime of sexual assault coexist as separate offenses. The problem is that most people see no difference by equating sexual assault as a synonym for rape. Rape has a history as an offense that goes back hundreds of years, whereas sexual assault is a legal invention of the reform movement. I would suggest a clarification of the differences on the two pages and movement of some of the material on the rape page to this page. I would point out that the psychological motives for check fraud, robbery, theft, shoplifting, income tax evasion, embezzlement etc. are the same, but they should not be merged into kleptomania. I agree with your opinion of some of the unsourced material on these pages as inaccurate. Great changes are needed for this article, but less comprehensive changes for the rape article are in order. Please be aware that these articles are within the scope and interest of multiple wikiprojects.

There are a few inaccuracies on the rape page concerning US law. For instance, the federal sentencing guidelines table is incorrect according to the US sentencing commission. Criminal Sexual Abuse of a person under the age of 16 is a level 18 offense punishable by 27-33 years months for first time offenders. The death penalty has not been authorized for rape since Coker v. Georgia. Given the limited scope of federal law, it is not very helpful in illustrating how the law works in the United States. The Model Penal Code is a bit better, but its age does not reflect many of the major reforms. The death penalty for criminal sexual abuse of a person under the age of 16 is only authorized when the act results in a homicide. In that sense, murder rape is punishable by the death penalty in all states that punish murder with the death penalty. Legis Nuntius (talk) 08:15, 24 May 2008 (UTC)

I have a better understanding of where you are going with this. I added a rough template to group the various related topics together. After it is finalized, it can be proposed as a new wikipedia infobox template. I am still concerned that the topic is too generalized for the sexual assault article. There is a very specific legal definition for sexual assault. It would be difficult to expand the article with material related to the legal debate over the elements of sexual assault such as consent, implied consent, silence as a lack of consent, duress and consent, consent as a defense or an element, contact vs. intercourse etc. The legal scholarship on this specific offense is voluminous and distinct from rape, which include issues of force and coercion: extrinsic v.s intrinsic force, threat of force under objective or subjective reasoning, force as an aggravating factor or element, resistance etc. I would propose that sexual assault remain separate from a main article such as "sexual violence" (which may be what you are getting at). In the template, I put "sexual violence and victimization," because violence and coercion do not always exist in victimization (e.g. sleeping or intoxicated/drugged victim, invasions of privacy and autonomy). Violence implies the crime of rape, which has traditionally included force, whereas most sexual assault statutes do not require a display of force. Additionally, force is perpetrator centered rather than victim centered. Legis Nuntius (talk) 21:02, 25 May 2008 (UTC)

There has to be a clear context in which you give legal definitions of rape and sexual assault. As you've said this article is under the scope of multiple wikiprojects. The proposal and changes I made are to make an article with a comprehensive global perspective of the crime and it's effects. I think your template is a perfect start. I also concede that the sexual assault may not be the proper title to this article. I've suggested that Sexual violence should be the title of this article.Sexual violence and victimization would be a better title.

Under the structure I proposed above I think the rape and sexual assault articles would deal with the criminal definition and response only. They would fit in like this

   * 6 What can be done to prevent sexual violence?
         o 6.1 Individual approaches
         o 6.2 Health care responses
         o 6.3 Community-based efforts
         o 6.4 Legal and policy responses
               + 6.4.1 Legal responses to sexual abuse 
                 main|Sexual assault, main|rape..........
               + 6.4.2 Legal reform
               + 6.4.3 International treaties
         o 6.5 Actions to prevent other forms of sexual violence

I didn't move the sexual assault article into a new article because it was a criminal law article mashed together with random comments from other wikiprojects. I didn't create a new article "sexual violence" because I would have been duplicating this article and the rape article. Instead I'm taking liberties in the interpretation of sexual assault (some states classify all sexual violence as sexual assault). I thought that when the information is put in place the article could be renamed and restructured in a more clear and concise way.

An article with the structure I describe above will allow independent legal articles to deal with the criminal definition and response to sex crimes in different jurisdictions. All non-legal information about rape and sexual assault will be redirected back to this article I mentioned above e.g What are the risk factors for sexual violence^[1] to help explain its source. This table shows the categorizations and the maximum sentence for rape under US federal law.

The US can execute somebody for child rape. This is a section of the US code it states:

With Children. - Whoever crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances described in subsections (a) and (b) with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging), or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. If the defendant has previously been convicted of another Federal offense under this subsection, or of a State offense that would have been an offense under either such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison.^[2]

I agree with you that the whole area of rape law and sexual abuse law needs attention on wikipedia. I'm currently concentrating on the this article. When its up to a reasonable standard I'm going to start expanding and clarifying the articles in its subsections. Including the criminal response to sexual abuse.

Jmckeon ie (talk) 05:54, 26 May 2008 (UTC)

I think that's a good idea. The terms sexual assault and rape can be synonyms in a non-legal sense. The sentence under the aggravated sexual abuse statute is life imprisonment unless the death penalty is imposed under the Federal Death Penalty Act of 1994. Under the FDPA, the death penalty is authorized under that statute when:

the defendant, as determined beyond a reasonable doubt at the hearing under section 3593(A) intentionally killed the victim; (B) intentionally inflicted serious bodily injury that resulted in the death of the victim; (C) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or (D) intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act, shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense. 18USC3591

Under state law, the defendant would be charged with murder, but a murder charge does not give federal jurisdiction. So yes, the death penalty is authorized by the federal government under that statute, but only when the act results in the death of the victim. The State of Louisiana did not allege in its brief (Kennedy v. Louisiana) that the federal government authorized the death penalty for aggravated sexual assault of a child under the age of 12, when the act does not result in death as Louisiana does. Those are the best non-biased sources that I can find on the internet that are free. There are other sources on Lexis and Westlaw.com, but those are paid legal services. Legis Nuntius (talk) 16:25, 26 May 2008 (UTC)

If you have any suggestions for the articles on the template or the names of the headings, either to remove, change or add, feel free to make the changes or list them here. I tried to track down all of the related articles but I may have overlooked some that should be included or I may have been over inclusive. Given the quality of some of the articles already on the template, it makes a colossal to-do list. Legis Nuntius (talk) 16:37, 26 May 2008 (UTC)

You are right. The death penalty is not applied. I read the code wrong. I've changed the table on the rape page so that it's more accurate. I've started adding the template to the different pages I'm editing. The rape article is terrible. However it gets roughly 5,000 hits a day [5]. I'm going to try and get [rape] redirected to Sexual violence. —Preceding unsigned comment added by Jmckeon ie (talk • contribs) 21:06, 28 May 2008 (UTC)