What is Considered “Rape” and “Sexual Assault”?

Definitions
Under Article 130 of the New York Penal Law, “rape” is when someone engages in sexual intercourse with another person by some means of forcible compulsion or who is in any way incapable of giving consent.

“Sexual abuse” is any other form of sexual contact with someone by force or without that person’s consent. These crimes are commonly referred to as “sexual assault.” Examples include engaging in sexual activity with a person against his or her will, or with a person who cannot consent to the activity because he or she is unconscious or overcome by threat, fear, drugs, alcohol or other circumstances that impair mental capacity or that makes him or her physically helpless.

“Acquaintance Rape” and the Legal System

Most victims of rape and sexual abuse are assaulted by someone they know, such as a classmate, friend or relative. While the criminal law does not differentiate “stranger rape” from “acquaintance rape,” in reality “acquaintance rape” cases can be much more difficult to prosecute.

Drug-Facilitated Sexual Assault

Alcohol and other drugs are often contributing factors in sexual assault, and under New York law, it is illegal to use such substances to facilitate sexual assault. Moreover, engaging in sexual intercourse with someone who is unable to give consent for any reason, such as by being intoxicated or unconscious, constitutes rape.

Fighting Back

In some cases, victims can successfully resist an assault with aggressive responses. In others, fighting back may put the victim at greater risk. Bureau of Justice statistics indicate that of all rapes, 39 percent of attempted rapes and 17 percent of sexual assaults against females resulted in injured victims. A sexual assault may escalate to a more life-threatening attack, whether or not the attacker has a weapon. Choosing to fight back could have devastating consequences — but so could choosing not to. Each situation is different, and may require a different approach from the victim in attempting to resist. In some cases, any attempt to resist may be dangerous or ineffective.

The University offers self-defense classes. One of these, Rape Aggression Defense (RAD), is offered by trained officers of the University Police Department. RAD recognizes that there is no simple remedy for surviving a sexual assault and presents different options. RAD training balances the instinct and opportunity to resist against the reality that resistance is not possible or advisable in every situation. For more information about RAD, contact the University Police Department.

Download Rape and Sexual Assault: What You Should Know

PDF format, 1MB, 11Pages.

Binghamton University
www.binghamton.edu

Binghamton University seeks to support victims, whether or not a case can withstand legal scrutiny. As a first step, we urge victims, their friends, family and supporters to become knowledgeable of the legal and campus judicial processes and to utilize the services available both on and off campus.

Myths About Rape and Sexual Assault:

MYTH: Most rapists are psychopathic strangers.
TRUTH: Most victims know their rapists. Statistics tell us that approximately 68 percent of rapes are committed by assailants known to victims, including friends, acquaintances, spouses and intimate partners.

MYTH: Only women can be sexually assaulted.
TRUTH: Any male, regardless of age, disability or sexual orientation, can be the victim of a sexual assault.

MYTH: When men become sexually aroused, they need to have sex, or they could suffer physical injuries.
TRUTH: Men do not suffer any physical consequences if they are not sexually stimulated once being aroused.

MYTH: When a woman says “no,” she really means “maybe.”
TRUTH: Men and women may both give and receive mixed messages. But remember that rape is a crime. If a woman says “no,” you should believe her.

MYTH: If both people are drunk at the time of the incident, no one can be accused of rape.
TRUTH: Being drunk does not mean someone cannot be accused of and convicted of rape.

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