What is Considered Rape?
by JILL COLBY
What is considered rape?
Researching the definition of rape can be quite frustrating. There is very little conversation out there that clearly breaks down all the different ways rape can happen. Why is defining rape so important? In Utah, the Health Indicator Report suggests that 1 in 6 women are raped in their lifetime. Rape is the only crime in Utah that is above national average. The same study also indicates that Utah is the 11th most dangerous state for rape.
What is rape?
Typically, when people hear of rape crimes, they assume that the rape was rough, violent, and that the penis penetrated the genitals. Rape can also be mouth to the vagina or anus, or object to the vagina, anus, or mouth. Rape may or may not be forceful and may or may not use a method of restraint. These instances of rape are less talked about but can be equally devastating! If sex in the mouth, anus, or vagina occur eittheir with a mouth, penis or object, and the woman did not consent, it is still rape. Period. The United States General Attorney now defines rape as, “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 anottheir person, without the consent of the victim.” Astoundingly, this updated statement has only recently made its way into law! Rape can be done by one-person, multiple people, and even “bystanders” who did nothing to help their. Rape occurs if they is too intoxicated to say no. Arguing, persuading, manipulating, or ignoring their hesitation (or their clear no) in order to proceed with sex anyways is rape. Sex needs to be a clear yes and is never their fault.
Freeze, flee, or fight?
One BIG misconception about rape is the flight or fight myth. If ttheire was no flight or fight, was it really rape? The third self-protection mechanism, that is hardly ever talked about, is freezing. Healthline explains the fight, flight, or freeze response “as your body’s natural reaction to danger. Fight-flight-freeze isn’t a conscious decision. It’s an automatic reaction, so you can’t control it. During a fight-flight-freeze response, many physiological changes occur. The reaction begins in your amygdala, the part of your brain responsible for perceived fear. The amygdala responds by sending signals to the hypothalamus, which stimulates the autonomic nervous system (ANS). The ANS consists of the sympathetic and parasympathetic nervous systems. The sympathetic nervous system drives the fight-or-flight response, while the parasympathetic nervous system drives freezing. How you react depends on which system dominates the response at the time.”
In a non-consensual situation, if a woman freezes and doesn’t fight or flee, it is still rape. If they ends up on top, it is still rape. By freezing and fawning, they may have saved themselves from potentially violent or deadly outcomes. To emphasize, their rape should not be dismissed, and they should not be demeaned if their body goes into self-protection mode by freezing or fawning.
Rape between sexual partners
Rape can also happen between sexual partners. If they say stop, they mean stop. Sex can be painful and emotional for women; especially for women who are losing their virginity, if they have connected with a new lover, if they have just had a baby, or if they are going through ottheir hormonal changes. Keep in mind, some sexual partners playfully and lovingly enjoy kink or BDSM. Partners that enjoy kink or BDSM typically have above-average communication skills, safe words, and emphasize one word: consent. Rape between partners occurs when they asks to stop, and he replies with “I can’t stop” and continues to self-pleasure themselves anyways. This is a severe violation of their bodily autonomy and a quick break in trust. This is abusing their body for selfish purposes. A healthy sexual person should have enough control that they can instantly pull back and ask, “are you okay?”, “what do you need?”, or “talk to me.” Couples that have experienced this, should consider consulting a therapist.
Clearly defining rape, is a solid step towards empowering Utahns to speak up if they were a victim of sexual assault. This conversation also can help encourage people to seek help if they are in an abusive relationship. Deciding what do after rape is unique to each individual. The Rape Recovery Center is a resource that one can turn to if they were sexually assaulted. Located in Salt Lake City, they have a dedicated crisis hotline and can help guide you to safety. The Rape Recovery Center’s mission is to help turn victims into survivors. They compassionately want to help facilitate healing and give families the support that they need. The center also gives one access to legal counsel should they choose to pursue that route.