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I didn’t resist physically – does that mean it wasn’t sexual assault?
People respond to an assault in different ways. Just because you didn’t resist physically doesn’t mean it wasn’t sexual assault. In fact, many victims make the good judgment that physical resistance would cause the attacker to become more violent. Lack of consent can be express (saying “no”), or it can be implied from the circumstances (e.g., if you were under the statutory age of consent, had diminished capacity, or were afraid to object because the perpetrator threatened you with serious physical injury).
I used to date the person who assaulted me – does that mean it wasn’t sexual assault?
Sexual assault can occur when the offender and the victim have a pre-existing relationship (sometimes called “date rape” or “acquaintance rape”), or even when the offender is the victim’s spouse. It does not matter whether the other person is an ex-boyfriend/ex-girlfriend, or a complete stranger; and it doesn’t matter if you’ve had sex in the past. If it is nonconsensual this time, it is sexual assault.
I don’t remember the assault – does that mean it wasn’t sexual assault?
Just because you don’t remember being assaulted doesn’t necessarily mean that it didn’t happen and that it wasn’t sexual assault. Memory loss can result from the ingestion of GHB and other “rape drugs,” as well as from excessive alcohol consumption. You can talk to someone in the Department of Public Safety (414-288-6800), or other sexual assault resources on campus or in the community, to help determine if sexual assault occurred.
I was asleep or unconscious when it happened – does that mean that it wasn’t sexual assault?
Sexual assault can happen when the victim is unconscious or asleep. If you were asleep or unconscious, then you didn’t give consent. And if you didn’t give consent, then it was sexual assault.
I was drunk or the other person was drunk – does that mean that it wasn’t sexual assault?
Alcohol and drugs are not an excuse, or an alibi. The key question is still: did you consent, or not? If you had diminished capacity due to alcohol (had difficulty walking on your own, slurred speech, vomited, blacked out, etc.), then you may not have had the legal ability to consent. You can talk to someone in the Department of Public Safety (414-288-6800), or other sexual assault resources on campus or in the community, to help determine if sexual assault occurred.
I thought “no,” but didn’t say it. Is it still sexual assault?
It depends on the circumstances. If you didn’t say no because you were legitimately scared for your life or safety, then it may have been sexual assault. Sometimes, it isn’t safe to resist, physically or verbally – for example, if the perpetrator has a weapon, or threatens you or a loved one if you say anything. You can talk to someone in the Department of Public Safety (414-288-6800), or other sexual assault resources on campus or in the community, to help determine if sexual assault occurred.
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