Sexual Violation by Rape
This is the traditional definition of rape of a woman by a man. It involves penetration of a vagina by a penis without consent. Maximum penalty is 20 years in prison.
Sexual Violation by Unlawful Sexual Connection:
This has been introduced to cover various forms of rape not covered by the previous definition. The gender of the victim and the offender are not specified.
It includes penetration of the genitals and/or anus without consent, using a penis, fingers, and/or objects. It also includes oral sex without consent.
Maximum penalty is 20 years in prison.
Attempted Sexual Violation:
Attempted Sexual Violation by rape or unlawful sexual connection.
Maximum penalty is 10 years.
Inducing Sexual Connection by Coercion
This cover situations when a person goes along with sex because of threats or implied threats, blackmail and/or misuse of authority or position of power.
Maximum penalty is 14 years in prison.
Indecent Assault:
This involves any sexual act without consent, other than penetration e.g., fondling breasts or genital area.
Maximum penalty is 7 years in prison.
Sexual Intercourse with a Girl Under Care and Protection:
It is illegal for anyone to have sex with a girl under the age of 20 years, who is not his wife and is living with him as a member of his family and is under his care or protection, whether the girl consents or not.
Maximum penalty is 7 years in prison.
Sexual Intercourse with a Girl Under 12
It is illegal for anyone to have sex with a girl under the age of 12 years or to attempt to have sex with a girl under 12 years. It makes no difference whether the girl consents, or whether a person believed she was 12 years or over.
Maximum penalty is 14 years in prison.
Max. penalty for attempted intercourse is 10 years.
Sexual Intercourse with a Girl Between 12 and 16:
It is illegal for a male to have sex with a girl between 12 and 16 years, or to indecently assault such a girl, to do any indecent act on such a girl, or to encourage or permit any such girl to do an indecent act on him.
It may be seen as defence if:
- He can prove that he is younger than the girl and that she consented, or
- He was under 21 at the time, he had reasonable cause to believe that she was over 16, and she consented.
Except for the above situations, it doesn't matter whether he believed she was 16 or over, or whether she consented. The girl will not be charged
Maximum penalty is 7 years in prison - Charges must be laid within one year of the offence being committed.
Date Rape and the Issue of Consent
This is an area where many people become confused. It is important for both parties to be very clear about what is consent.
Just because a person does not protest or physically resist, it does not necessarily mean they consent to sex. If you don't hear a clear "yes" then STOP.
When a person gives in to sex because they are afraid, or have been threatened or someone else has been threatened, or through force, it is not considered to be consent.
A person is not capable of making the decision to have sex when they are too drunk, drugged, if they have a mental deficiency or if they are considered too young.
Make sure that your partner understands exactly what they are agreeing to and that they are aware of your identity. When someone agrees to have sex because, under certain circumstances e.g. in the dark, they believe you to be someone else, or when there is a misunderstanding about the nature and quality of sex act, it is not considered to be consent.
Your partner has the right to change their mind at any point during sex. Sometimes sex can be uncomfortable or unpleasant for a variety of reason. Respect your partners wishes and STOP if they say "no".
CONSENT TO SEX MUST BE FREELY AND ACTIVELY GIVEN. IT CANNOT BE ASSUMED.
The Effects of Rape and Sexual Abuse
Many of these affect all aspects of life, e.g., pregnancy, alcohol, dependency, sexual difficulties.
These are stages in the healing process. No reaction is abnormal.
Many of the most serious effects are the result of being unable to start the healing process quickly.
Feelings - Confusion
- Fear
- Anxiety
- Depression
- Nightmares
- Sleeplessness
- Self-blame
- Shame
- Guilt
- Feeling Dirty
- Anger
- Hostility
- Loss of Confidence, Self-Respect, Self-Esteem, Trust in Men, Trust in Family, Trust in People, Childhood
- Problems with Physical Contact
- Sexual Difficulties
- sexually over-active
- Sexually disinterested
- Phobia's e.g.: agoraphobia
- Suicidal Thoughts/Attempts
| Health- General Deterioration
- Medication Needed
- Gynaecological Problems
- Injuries
- Long Term Disabilities
- Frigidity
- Sterility
- Drug Dependency
- Alcohol Dependency
- Psychiatric Admission
- Self-Inflicted Injuries
- Weight Gain
- Weight Loss
- Eating Disorders e.g.: Anorexia, Bulimia
| Practical- Activities Restricted
- Financial Loss
- Difficulties at School
- Career Affected
- Job Loss
- Relationship Difficulties
- Broken Relationship
- Broken Marriage
- Affects All/Some Relationships with Men
- Affects All/Some Relationships with Family
- Need to Shift House
- Loss of Virginity
- Inability to have Children
- Infection
- Pregnancy
- Victimisation by Community
- Blame from Others
- Further Abusive Relationships
|
How Can You Help Family and Friends
If a family member of friend has been sexually assaulted, the way you react can greatly influence how that person recovers.
The victim is not to blame. Whatever happened before the attack, whether the victim fought or not, the possible choice was made to comer out of the situation alive. Sexual Assault is an act of humiliation and degradation. NO ONE asks for it.
The victim will feel powerless and possibly be very afraid of injure, mutilation and death. Over a period of time they may feel very alone and distrustful, be sometimes quiet sometimes irritable, and unpredictable, with moods changing quite suddenly. They may blame themselves at times and also be very angry at others. They will still be afraid.
It is important that the victim knows that you love and care for them.
Ways you can help
- Allow them to regain control over their lives, make their own decision. Don't overprotect.
- Communicate your acceptance through naturalness. Be willing to listen if they want to talk, but do not force them to talk if they do not want that. They may feel more comfortable talking to someone else just now.
- Do not urge the victim to forget or hide the assault. This may delay the healing process.
- The most important thin to do is show your affection, This reassures the victim of your love and concern, breaking down those feelings of loneliness. There are many ways to do this- sometimes being touched does not feel quite right at first.
If you have an intimate relationship reassure them that you will wait until they are ready to make the first move towards intimacy. This may take longer than you would like.
If a family member or friend has been sexually assaulted it is quite common for you to feel disbelief, maybe 'numb', guilty, helpless and angry. You may blame the victim for the assault. The victim is very sensitive to other people's reaction to the assault. That is why sometimes they may tell no-one of the assault, fearing the possible consequences of the reactions.
Blaming the victim or wanting to 'kill' the assailant will not help the victim's recovery. You may want to talk to someone about your feelings and how you can best help. The counsellors hope you will contact us.
If you feel the need to talk or are concerned about a loved one, please do not hesitate to contact us.
