Have I been Raped?

  1. If you have been raped visit RapeIsNoJoke.org our HelpLine.
  2. The RINJ Foundation has established a universal definition of rape. Here we are going to explain to you how to interpret this legal definition as it might relate to various circumstances in which you may find yourself.
    Rape Survivors Help Line
  3. Both persons must consent to having sex.
  4. No person may push anything into your anus or vagina without consent.
  5. No person my push a sex organ into your mouth without express consent.
  6. If you don’t consent to penetration of your anus or vagina by anything, or your mouth by a sex organ, you have been raped if this has happened to you.
  7. Consent means that you clearly give unfettered permission for another person to enter your body.

Penetration Without Consent

1. Rape

  • RAPE: 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. More details

Unwanted Sexual Contact

2. Sexual Assault

  • Sexual Assault: any forced, unwanted, non consensual sexual contact or activity. Sexual assault is a serious crime against the person. More details

 

Legal Implications If Your Case is Proven in Court

  • Rape is a serious criminal offence. Punishment should be fifteen years in prison or more.
  • Sexual Assault is a lessor criminal offence. Punishment should be up to five years in prison.
  • In the case of a rape, often both charges are applied.

Who Can’t Consent

You cannot possibly consent if:
You are a child.
You are younger than the legal age of consent in your jurisdiction.
You said, or clearly indicated “No.”
You have been drugged.
You are intoxicated (drunk).
You or another person have been threatened with harm.
You are threatened in any way.
A person in authority has made a promise or inducement in exchange for sex.
 More details

Examples

You were raped if penetrated according to the definition above when:

  • A person approached you and said credibly that they will turn you over to police as a narcotics peddler if you do not allow sex with them (i.e.: Common in the Philippines).
  • A police officer says he will avail you of leniency or stop your prosecution in return for sex with them (i.e.: Common in all of Asia).
  • A person says credibly that they will not hurt your baby if you agree to have sex.
  • A person implies or tells you directly that you will be subject to violence or even Extra Judicial Killing if you do not consent to sex.

Please remember these two things:

  1. No matter what words you say, if consent is coerced from you in any manner whatsoever, it is not valid consent; and if concurrently or pursuant to a coercion the sex act takes place fitting the descriptions above, you have been raped or sexually assaulted as the facts of the event match either a rape or sexual assault as defined above. That means that if you were threatened today and the sex act take place at some later date pursuant to that coercion, consent is not valid because of the coercion and a crime has been committed against you.  Don’t hesitate to ask us questions.

2) An implied or verbal consent is not valid if you are not in your “right mind”.  If a person is intoxicated, it means mentally they are not capable to give a free and conscious consent.

If you were penetrated and there was no consent by you for this act to take place, you were raped.

If you have been raped visit RapeIsNoJoke.org our HelpLine.