SART TOOLKIT: Resources for Sexual Assault Response Teams
Learn About SARTsPrint Print

What Is Sexual Assault?

Generally, sexual assault is any act of sexual contact without consent or without legal consent due to age or mental or physical incapacity. However, specific legal definitions for sexual assault include a wide range of criminal behaviors classified by state, territory, and federal statutes and campus, tribal, and military codes. For example—

Read on for information about—

Consent Issues

Despite 30 years of statutory reforms and public awareness efforts, the question of whether victims consent to sex remains at the heart of most sexual assault cases. The following examples demonstrate that, without clear legal definitions of consent, innuendos and pervasive victim-blaming myths can re-victimize individuals and pose challenges for prosecutors:

As the above cases suggest, your SART would do well to proactively address statutory elements of sexual assault in your jurisdiction and define what constitutes consent based on a range of circumstances. For example, you need to discuss specific issues and reach interagency understandings about consent in cases in which—

Defining Sexual Assault Nationally

It is imperative to have good data about the magnitude and nature of sexual assault to meet diverse service needs and to allocate resources effectively.

The Federal Government defines sexual assault nationally through the Federal Criminal Code, the Federal Bureau of Investigation's (FBI) Uniform Crime Reports, the National Incident-Based Reporting System, and the Uniform Code of Military Justice. Although most sexual assault cases are litigated on a state level, the federal definitions of sexual assault presented in this section provide a framework through which your SART can gauge the implication of your local services and statistics based on national reporting definitions. These definitions will also help guide interjurisdictional responses.

Federal Criminal Code

Federal and nonfederal courts coexist in separate, yet highly related judicial systems. Statutory powers not expressly given to the U.S. Government are retained by the states. Federal criminal jurisdiction can occur when sexual assaults take place on federal land (e.g., American Indian reservations, national parks) and for sexual assaults that have interstate or international components (e.g., kidnapping cases, assaults on cruise ships).

The Federal Criminal Code defines sexual abuse by the degree of force or threat of force used:

Uniform Crime Reports

The Uniform Crime Reporting (UCR) program provides reliable, uniform crime statistics for the Nation, which the Federal Bureau of Investigation (FBI) collects, publishes, and archives. The FBI produces several annual statistical publications, such as the comprehensive Crime in the United States, using data provided by nearly 17,000 law enforcement agencies throughout the United States.

UCR defines sexual assault as one of the following two categories:

In response to UCR's narrow definitions, the FBI created the National Incident-Based Reporting System. This system requires significantly more data from law enforcement and specifically addresses male rape and same-sex sexual assault as forcible rape.

National Incident-Based Reporting System

Both UCR and the National Incident-Based Reporting System (NIBRS) measure crimes reported to police. As of July 2006, 11 states participated in NIBRS, with another 9 going through a testing and implementation process. Due to the limited number of states under this system, the detailed NIBRS information is actually incorporated into the more limited UCR definitions for national reporting purposes.

NIBRS defines sex offenses as the following:

Uniform Code of Military Justice

The Department of Defense (DoD) defines sexual assault as intentional sexual contact by force, physical threat, abuse of authority, or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling) or attempts to commit these acts. Sexual assault can occur without regard to gender, spousal relationship, or age.

The military further stipulates that victims do not have to offer physical resistance. Nor is consent given when a person uses force, threat of force, or coercion or when the victim is asleep, incapacitated, or unconscious.

The Right Tool

DoD Sexual Assault Prevention and Response Office       Addresses confidentiality, reporting procedures, and other elements of DoD's sexual assault policy and provides training information, safety tips, and resources.

Defining Sexual Assault in Indian Country

When a rape occurs in Indian Country, the law enforcement response could include tribal police, state or local law enforcement, the Bureau of Indian Affairs, and the FBI. In some cases, the difficulty of determining criminal jurisdiction, particularly when there are concurrent jurisdictions, translates into blurred jurisdictional boundaries, untimely action, or, worse still, no action at all. To this end, federal and state jurisdictions must understand the importance of working collaboratively with tribal jurisdictions. Most importantly, non-native organizations and governmental agencies must continue to recognize, affirm, and support Indian nations' inherent sovereignty and authority to prosecute American Indian perpetrators of sexual assault.

The Right Tool

Tribal Court Clearinghouse Knowledgeable about tribal law and culturally relevant issues, including the training of personnel handling sexual assault crimes and the development of policies and materials specific to each tribe's language, values, customs, and traditions.

For specific tribal codes, check the Tribal Court Clearinghouse Web site.

Defining Sexual Assault on Campus

Although campus policies and codes related to sexual assault cannot be enforced under state or federal law, institutions of higher education have made great strides in defining sexual assault and explaining sexual consent.

For example, a practical four-pronged definition for consent, developed by Dr. Alan Berkowitz,2 is applied to SART work below:

On a national scale, a study on the sexual victimization of college women explored the prevalence and nature of sexual assaults on campus and specifically defined sexual assault as—

Frequency of Sexual Assault

The statistics for sexual assault are staggering—every 2 minutes, somewhere in America, someone is sexually assaulted. Using a definition of rape that includes forced vaginal, oral, and anal sex, the National Violence Against Women Survey found that 1 out of 6 U.S. women and 1 out of 33 U.S. men have experienced an attempted or completed rape as a child and/or adult. According to estimates, approximately 1.5 million women and 834,700 men are raped and/or physically assaulted by an intimate partner annually in the United States.4 

Break the statistics down further and the numbers are just as disturbing:

Despite an increase in research on rape during the past 30 years, gaps remain in understanding the extent of rape victimization because rape remains a largely underreported crime.11 Victims who choose not to report sexual violence to law enforcement often fear retaliation, are too ashamed of or embarrassed about what happened to them, or did not consider the attack to be a police matter.12 

Costs of Sexual Violence

Sexual assault is a crime with emotional, physical, and economic consequences for victims and communities. The shock waves from victimization touch not only the victim but also the victims' immediate family, relatives, colleagues, neighbors, and acquaintances. The effects can endure for years or even a lifetime.

Emotional Costs

The aftermath of sexual assault can be described as an "emotional tattoo," pain that always remains. Recovery requires working through an onslaught of disturbing physical, mental, emotional, and spiritual issues. Victims often struggle with a perception that they are now "different" or not "normal." Their emotional trauma may include shock, denial, fear, anger, helplessness, disbelief, confusion, withdrawal, and guilt. After the initial crisis, victims may feel especially vulnerable, isolated, anxious, out of control, depressed, or defensive. As victims begin to recover, they may experience a series of different emotions that intrude and fade with varying intensity. Some of the common feelings include fear, anger, guilt, frustration, shame, and embarrassment.

Statistically, the emotional costs to victims can be broken down as follows:

Physical Costs

Victims are likely to experience a number of physical reactions to sexual assault. According to the United Nations' Handbook on Justice for Victims, reactions to being victimized include—

an increase in the adrenalin in the body, increased heart rate, hyperventilation, shaking, tears, numbness, a feeling of being frozen or experiencing events in slow motion, dryness of the mouth, enhancement of particular senses, such as smell, and a "fight or flight" response. Some of these physical reactions may not occur until after the danger has passed. They may recur at a later stage when the memory of the crime returns. After the crime, victims may suffer a range of physical effects, including insomnia, appetite disturbance, lethargy, headaches, muscle tension, nausea and decreased libido. Such reactions may persist for some time after the crime has occurred. Physical injuries resulting from victimization may not always be immediately apparent.16

Other reactions could include physical pain and hypervigilance. In addition, sexual violence is linked to numerous adverse chronic health conditions such as arthritis, chronic neck or back pain, frequent migraines, headaches, visual problems, sexually transmitted infections, chronic pelvic pain, increased gynecological symptoms, peptic ulcers, and functional or irritable bowel disease.

Statistically, the physical aftermath (costs) of sexual violence include17

Economic Costs

Sexual violence costs more than $858 million in lost productivity each year, more than $4 billion in health care and mental health services for victims and close to $6 billion to incarcerate convicted perpetrators.18

The National Institute of Justice's The Extent and Costs of Crime Victimization: A New Look provides cost estimates for various types of violent crime that include longer range costs and intangibles such as pain, suffering, fear, and lost quality of life. The findings for sexual assault include the following:19

Sex Offenders

Sex offenders vary significantly in age, race, ethnicity, and socioeconomic class. A distinct and uniform set of physical, mental, psychological, emotional, and personality characteristics that define all sex offenders has not been validated by research, but some service providers do classify offenders by the patterns of their offenses.

According to various sources—

Read on for information about—

Sex Offender Recidivism

Recidivism is the repeated criminal behavior by an offender previously convicted and punished for an offense. Most studies measure reoffending behavior by looking at new arrests or multiple convictions. However, sexual violence is a widely underreported crime. Therefore, researchers are concerned that some reported recidivism rates are artificially low.27 For example, when a sample of imprisoned sex offenders who admitted to assaulting one victim were given polygraph examinations, researchers found the offenders actually had an average of 110 victims and 318 offenses.28

Research findings also suggest that recidivism rates vary, depending on the type of sexual offense. "Contrary to conventional wisdom, most re-offenses do not occur within the first several years after release. For example, in one study, subsequent sex offenses occurred as late as 10 years after prison discharge. The study found a 30 percent recidivism rate at year 10 of offender's release from prison. By the year 25, re-offending had increased to 52 percent."29

Patterns of Sex Offending

Although sex offender typologies are unique to each offender, several attempts have been made to create categories that classify offenders by their behaviors, their victims, their reasons for offending, and their risk of reoffending. Such typologies have been developed to assist service providers in identifying appropriate treatment, supervision, and criminal justice responses. Unfortunately, most typologies are either extremely complex or have little research to validate the accuracy of these "offender blueprints."30 And not all offenders will fit into one specific typology.

Read on for information about three different types of sex offenders. This information has been adapted from the National Center for Women & Policing's Successfully Investigating Acquaintance Sexual Assault: A National Training Manual for Law Enforcement:31

Power Rapists

Power rapists generally use just enough force (e.g., verbal or physical force, threat of force) to overcome victims' resistance and carry out their sexual assaults. Researchers have identified two types of power rapists: power reassurance rapists and power assertive rapists.

Power reassurance rapists

Power assertive rapists—

Anger Rapists

Anger rapists use an excessive amount of force, whether or not victims resist. Their personalities are explosive and they often use abusive language and cause significant physical injury. Friends and acquaintances of anger rapists may report a dark side to their personalities or lifestyles.

Generally, anger rapists want to get even with victims for real or imagined wrongs. They often choose victims who are symbolic of someone else. They spend a short amount of time with victims, using a blitz method of attack and subduing them using excessive force. The level of force results from intense rage and a near frenzy of emotions. Victims have little opportunity to resist and the level of resistance has little to do with the amount of force used. Because their attacks are spontaneous rather than carefully planned, anger rapists will generally use any weapon that is handy, including their fists.32 Anger rapists also often drink alcohol to release inhibitions.

Sadistic or Ritualistic Rapists

Sadistic rapists are sexually gratified by causing mental and physical pain, and they often specifically focus on injuring sexual areas on victims' bodies. For example, rape with objects or anal rape is common. Sadistic rapists are also opportunistic and may attack suddenly or kidnap their victims. The psychological and physical abuse often continues sporadically for hours and even days. Sadistic or ritualistic rapists generally have no history of mental health care, are college educated and extremely intelligent, and often have no arrest record.

Resources

Publications

Adolescent Sex Offenders & Children with Sexual Behavior Problems
Lists selected readings on adolescent sex offenders and children with sexual behavior problems.

California Campus Blueprint to Address Sexual Assault
Provides legislative recommendations to enhance sexual assault-related policies and practices and includes steps schools can take to improve their responses to sexual assault on campus.

Children with Sexual Behavior Problems: Common Misconceptions vs. Current Findings
Provides information about children who demonstrate developmentally inappropriate or aggressive sexual behavior.

Extent, Nature, and Consequences of Intimate Partner Violence: Findings from the National Violence Against Women Survey
Presents findings from a survey of 8,000 U.S. women and 8,000 U.S. men about their experiences as victims of intimate partner violence (rape, physical assault, and stalking).

Extent, Nature, and Consequences of Rape Victimization: Findings from The National Violence Against Women Survey
Synthesizes data from the 1995–96 survey of 8,000 U.S. women and 8,000 U.S. men, who were asked about their experiences as rape victims. The prevalence and incidence of rape among minority populations; rape prevalence by age; characteristics of rape victims, rapists, and rape incidents; health outcomes; and victims' involvement in the justice system are discussed.

Female Sex Offenders
Synthesizes research about women and adolescent girls who commit sex offenses and describes common characteristics and typologies of female sex offenders and key considerations for assessment, treatment, and supervision strategies.

Full Report of the Prevalence, Incidence, and Consequences of Violence Against Women: Findings from the National Violence Against Women Survey
Presents findings on the prevalence and incidence of rape, physical assault, and stalking; the rate of injury among rape and physical assault victims; and injured victims' use of medical devices.

Implementing the National Incident-Based Reporting System: A Project Status Report
Identifies significant barriers to full NIBRS participation and promising and cost-effective approaches.

Juvenile Sex Offender Research Bibliography
Links to bibliographies relating to juvenile sex offenders.

Juveniles Who Have Sexually Offended: A Review of the Professional Literature
Reviews the characteristics of juveniles who commit sex offenses and the type of offenses they commit. It includes information on program assessments and a review of treatment approaches and settings.

National Victim Assistance Academy Textbook
Describes various issues related to victims, including tribal justice matters, sexual assault generally, and military justice.

Prevalence, Incidence, and Consequences of Violence Against Women: Findings From the National Violence Against Women Survey
Provides data on the prevalence and incidence of rape, physical assault, and stalking; the prevalence of male-to-female and female-to-male intimate partner violence; the prevalence of rape and physical assault among women of different racial and ethnic backgrounds; the rate of injury among rape and physical assault victims; and injured victims' use of medical services.

Prosecuting Alcohol-Facilitated Sexual Assault
Discusses some of the barriers prosecutors face in sexual assault cases involving alcohol or drugs.

Recommended Guidelines for Comprehensive Sexual Assault Response and Prevention on Campus
Lists campus guidelines for developing sexual assault policies and protocols.

Sex Offenses and Offenders
Discusses sex offense statistics, law enforcement responses to sex crimes, and characteristics of sex offenders.

Sexual Violence Surveillance: Uniform Definitions and Recommended Data Elements
Provides recommendations for standardizing definitions and data elements for sexual violence surveillance.

Standards for the Treatment of Sexually Abusive Youth
Helps inform providers when selecting treatment modalities, treatment providers, risk assessment tools, and victim safety approaches.

Understanding Juvenile Sexual Offending Behavior: Emerging Research, Treatment Approaches and Management Practices
Discusses research regarding sexually abusive youth, legislative trends, and promising approaches to the treatment and supervision of these youth.

Understanding the Non-Stranger Rapist
Describes psychological motivation and strategy on the part of the rapist. Topics include offender motivation, target selection, and the ways that sex offenders manipulate others.

What Research Shows About Adolescent Sex Offenders
Reviews research on adolescent sex offenders and addresses issues related to community safety and supervision.

What Research Shows About Female Adolescent Sex Offenders
Offers information about female adolescent sex offenders based on the limited research that is available, including population characteristics and assessment and treatment issues.


Tools

DoD Sexual Assault Prevention and Response Office
Addresses confidentiality, reporting procedures, and other elements of DoD's sexual assault policy and provides training information, safety tips, and resources.

Domestic Violence and Sexual Assault Data Resource Center
Provides information on how data are collected and used in states.

FBI's Uniform Crime Reports
Includes an overview of the Uniform Crime Reports and links to statistical data by year.

Tribal Court Clearinghouse      
Knowledgeable about tribal law and culturally relevant issues, including the training of personnel handling sexual assault crimes and the development of policies and materials specific to each tribe's language, values, customs, and traditions.

Uniform Code of Military Justice
Links to the congressional code of military criminal law.

U.S. Department of Justice, Bureau of Justice Statistics
Includes statistical information, announcements, and publications related to crime and public safety.

Notes

1 Electronic communications with Rhonda Martinson, staff attorney with the Battered Women's Justice Project.

2 A. Berkowitz, 2002, "Guidelines for Consent in Intimate Relationships," Campus Safety and Student Development Newsletter 3(4): 49–50.

3 T. Scalzo, 2007, Prosecuting Alcohol-Facilitated Sexual Assault, Alexandria, VA: American Prosecutors Research Institute, National District Attorneys Association, 7.

4 P. Tjaden and N. Thoennes, 1998, Prevalence, Incidence, and Consequences of Violence Against Women: Findings From the National Violence Against Women Survey, Washington, DC: U.S. Department of Justice, National Institute of Justice.

5 C. Rennison, 2001, Violent Victimization and Race, 1993–98, Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics.

6 D. Sobsey, 1994, Violence and Abuse in the Lives of People with Disabilities: The End of Silent Acceptance?, Baltimore, MD: Paul H. Brooks Publishing Co., Inc.

7 B. Fisher, F. Cullen, and M. Turner, 2000, The Sexual Victimization of College Women, Washington, DC: U.S. Department of Justice, National Institute of Justice and Bureau of Justice Statistics.

8 A. Sadler et al., 2000, "Health-Related Consequences of Physical and Sexual Violence: Women in the Military," Obstetrics and Gynecology (96): 473–78.

9 H. Resnick, H.D. Kilpatrick, C. Walsh, and L Veronen, "‘Marital Rape' Case Studies in Family Violence," 329–353, as cited in R.K. Bergen, 1996, Wife Rape: Understanding the Response of Survivors and Service Providers, Sage Publications, Inc.

10 E. Kushel, P. Robertson, and A. Moss, 2003, "No Door to Lock: Victimization Among Homeless and Marginally Housed Persons," Archives of Internal Medicine 163(10).

11 P. Tjaden and N. Thoennes, 2006, Extent, Nature, and Consequences of Rape Victimization: Findings From the National Violence Against Women Survey, Washington, DC: U.S. Department of Justice, National Institute of Justice, iii.

12 C. Rennison, 2002, Rape and Sexual Assault: Reporting to Police and Medical Attention, 1992–2000, Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics,3.

13 P. Tjaden and N. Thoennes, 2000, Full Report of the Prevalence, Incidence, and Consequences of Violence Against Women: Findings from the National Violence Against Women Survey, Washington, D.C.: U.S. Department of Justice, National Institute of Justice.

14 H. Ramsey-Klawsnik, 1991, "Elder Sexual Abuse: Preliminary Findings," Journal of Elder Abuse & Neglect 3(3).

15 L. Heise, M. Ellsberg, and M. Gottemoeller, 1999, Population Reports:  Ending Violence Against Women L(11), Baltimore, MD: Johns Hopkins University School of Public Health, Population Information Program.

16 Centre for International Crime Prevention, 1999, Handbook of Justice for Victims, New York City, NY: United Nations Office for Drug Control and Crime Prevention, Centre for International Crime Prevention, 4.

17 H. Resnick, R. Acierno, and D. Kilpatrick, 1977, "Health Impact of Interpersonal Violence 2: Medical and Mental Health Outcomes," Behavioral Medicine 23(2): 65–78.

18 National Center for Injury Prevention and Control, 2003, Costs of Intimate Partner Violence Against Women in the United States, Atlanta, GA: Centers for Disease Control and Prevention, National Center for Injury Prevention and Control.

19 National Institute of Justice, 1996, The Extent and Costs of Crime Victimization: A New Look, Washington, DC: U.S. Department of Justice, Office of Justice Programs, National Institute of Justice.

20 Center for Sex Offender Management, nd, "Section 1: Overview, Topic: Sex Offenders," Supervision of Sex Offenders in the Community: A Training Curriculum, Medium Version, Silver Spring, MD: Center for Sex Offender Management.

21 Association for the Treatment of Sexual Abusers, nd, Ten Things You Should Know About Sex Offenders and Treatment, Beaverton, OR: Association for the Treatment of Sexual Abusers.

22 Lawrence Greenfeld, 1997, Sex Offenses and Offenders: An Analysis of Data on Rape and Sexual Assault, Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics.

23 Antonia Abbey, T. Zawacki, P. Buck, M. Clinton, and P. McAuslan, 2001, "Alcohol and Sexual Assault," Alcohol Research and Health 25(1).

24 U.S. Department of Health and Human Services, 2000, 10th Special Report to the U.S. Congress on Alcohol and Health, Washington, DC: U.S. Department of Health and Human Services.

25 Greenfeld, Sex Offenses and Offenders: An Analysis of Data on Rape and Sexual Assault.

26 Ibid.

27 Center for Sex Offender Management, 2002, An Overview of Sex Offender Management, Silver Spring, MD: Center for Sex Offender Management, 1.

28 Sean Ahlmeyer, Peggy Heil, Bonita McKee, and Kim English, 2000, "The Impact of Polygraphy on Admissions of Victims and Offenses in Adult Sexual Offenders," Sexual Abuse: A Journal of Research and Treatment 12(2): 123–138. Citation from Center for Sex Offender Management, 2001, Recidivism of Sex Offenders, Silver Spring, MD: Center for Sex Offender Management.

29 Robert Prentky, Raymond Knight, and Austin Lee, 1997, Child Sexual Molestation: Research Issues, Washington, DC: U.S. Department of Justice, National Institute of Justice.

30 Center for Sex Offender Management, "Section 1: Overview, Topic: Sex Offenders."

31 National Center for Women in Policing, 2001, "Suspect Typology; Profiling the Sex Offender," Successfully Investigating Acquaintance Sexual Assault: A National Training Manual for Law Enforcement, Beverly Hills, CA: National Center for Women in Policing.

32 Thomas Hofheinz and Liz Gold, 2000, Sex Offender Characteristics And Legislative Changes Relevant to Texas Peace Officers, 1999–2000, Austin, TX: Texas Commission on Law Enforcement, 28.

Back to What Is Sexual Assault page