What is Sexual Violence, Sexual Abuse, and Sexual Assault?
The terms “sexual assault,” “sexual violence,” and “sexual abuse” are often used interchangeably, though it may be more common to hear one term versus another in certain circumstances. Sexual violence is commonly used when referencing violence on a global scale, or in combination with domestic violence. Sexual abuse is more commonly used when talking about the sexual assault of children and youth.
Sexual assault occurs when a person is forced, coerced, and/or manipulated into any unwanted sexual activity. Sexual assault is an umbrella term that includes a wide range of victimizations which may or may not involve force or be illegal.
In general, sexual assault is about manipulation, exploitation, and exerting power and control over another person. Perpetrators use sexual assault as a weapon to humiliate and dominate others. There is no one kind of person sexual assault happens to.
What is Consent?
Consent is an agreement between individuals prior to any sexual activity that clearly communicates what each person is comfortable doing. Consent can be withdrawn by either individual at any point in time.
Under Washington State law, there should be actual words or conduct that indicates this freely given agreement for sexual activities. Some important points to consider are:
- Body language can be misinterpreted, so always talk prior to action!
- “Freely” given consent means that there was no manipulation or coercion compelling an individual to say “YES” when they may want to say “NO.”
- Someone who is drunk, drugged, or incapacitated cannot legally give consent.
- Consent is the presence of a “YES”, not the absence of a “NO”. Thus, if a person does not object or fight back, this is not an indication of consent.
- The legal age of consent in Washington State is 16 years of age.
What Are My Legal Options?
It is important to note that there are two legal systems that a victim may be involved in, and both are very different.
- The criminal legal system is designed to punish the person who broke the law. How do you initiate this process? The first step is to make a report to law enforcement. As an adult, you decide whether or not you want to make a report. As a person under the age of 18, you can also decide to make a report. However, due to the mandatory reporting laws in Washington State, there may be times when a report is made on your behalf. These laws, which were crafted to protect youth, require some people to make a report if they have reasonable cause to believe that a child has suffered physical or sexual abuse or neglect. Some examples of mandatory reporters are social services counselors, advocates, licensed child care providers, and school professionals.
Once a report to law enforcement has been made, the State, i.e. the prosecutor’s office, has the authority to initiate criminal legal action through the filing of criminal charges against the perpetrator. Even though a report has been made, it is ultimately up to the prosecutor’s office to decide whether or not to move forward with a case. During the decision process the prosecutor is evaluating: if the crime occurred; what can be charged under the state’s criminal statutes; and whether or not the crime can be proven beyond a reasonable doubt.
The civil legal system is designed to offer the victim safety options or some type of compensation for the harm caused. The victim is the person that initiates this type of legal action, and they can do so without making a report to law enforcement. The standard of proof in the civil legal system is “preponderance of evidence”, which means more likely than not.