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Wednesday, October 19, 2022

American poetry

From Wikipedia, the free encyclopedia
 
Title pagesecond (posthumous) edition of Anne Bradstreet's poems, 1678

American poetry refers to the poetry of the United States. It arose first as efforts by American colonists to add their voices to English poetry in the 17th century, well before the constitutional unification of the Thirteen Colonies (although a strong oral tradition often likened to poetry already existed among Native American societies). Unsurprisingly, most of the early colonists' work relied on contemporary English models of poetic form, diction, and theme. However, in the 19th century, a distinctive American idiom began to emerge. By the later part of that century, when Walt Whitman was winning an enthusiastic audience abroad, poets from the United States had begun to take their place at the forefront of the English-language avant-garde.

Much of the American poetry published between 1910 and 1945 remains lost in the pages of small circulation political periodicals, particularly the ones on the far left, destroyed by librarians during the 1950s McCarthy era. Modernist poets like Ezra Pound and T.S. Eliot (who was awarded the Nobel Prize in Literature in 1948) were often cited as influential English-language poets in the first half of the 20th century. But this narrative leaves out African American and women poets who were published and read widely in the same period. By the 1960s, the young poets of the British Poetry Revival looked to their American contemporaries and predecessors as models for new kinds of poetry. Toward the end of the millennium, consideration of American poetry had diversified, as scholars placed an increased emphasis on poetry by women, African Americans, Hispanics, Chicanos, Native Americans, and other ethnic groups. Louise Glück is the only contemporary American writer writing primarily poetry who has been awarded the Nobel Prize in Literature, while Bob Dylan, a songwriter, who has also written poems, has been awarded the same prize.

Poetry in the colonies

As England's contact with the Americas increased after the 1490s, English explorers sometimes included verse with their descriptions of the New World up through 1650, the year of Anne Bradstreet's "The Tenth Muse", which was written in America (most likely in Ipswich, Massachusetts or North Andover, Massachusetts) and printed and distributed in London by her brother-in-law, Rev. John Woodbridge. There are 14 such writers whom might be termed American poets (they had been to America and to different degrees, written poems or verses about the place). Early examples include a 1616 "testimonial poem" on the "sterling and warlike" character of Captain John Smith (in Barbour, ed. "Works") and Rev. William Morrell's 1625 "Nova Anglia" or "New England", which is a rhymed catalog of everything from American weather to his glimpses of Native American women. Then in May 1627, Thomas Morton of Merrymount – a Devon-born West Country outdoorsman, attorney at law, man of letters and colonial adventurer – raised a maypole to celebrate and foster success at his fur-trading settlement and nailed a "Poem" and "Song" (one a densely literary manifesto on how European and Native people came together there and must keep doing so for a successful America; the other a light "drinking song" also full of deeper American implications). These were published in book form along with other examples of Morton's American poetry in "New English Canaan" (1637); and based on the criteria of "First," "American" and "Poetry," they make Morton (and not Anne Bradstreet) America's first poet in English.

Phillis Wheatley, a slave, wrote poetry during the colonial period.

One of the first recorded poets of the Thirteen Colonies was Anne Bradstreet (1612 – 1672), who remains one of the early known women poets who wrote in English. The poems she published during her lifetime address religious and political themes. She also wrote tender evocations of home, family life and of her love for her husband, many of which remained unpublished until the 20th century.

Edward Taylor (1645–1729) wrote poems expounding Puritan virtues in a highly wrought metaphysical style that can be seen as typical of the early colonial period.

This narrow focus on the Puritan ethic was, understandably, the dominant note of most of the poetry written in the colonies during the 17th and early 18th centuries. The earliest "secular" poetry published in New England was by Samuel Danforth in his "almanacks" for 1647–1649, published at Cambridge; these included "puzzle poems" as well as poems on caterpillars, pigeons, earthquakes, and hurricanes. Of course, being a Puritan minister as well as a poet, Danforth never ventured far from a spiritual message.

A distinctly American lyric voice of the colonial period was Phillis Wheatley, a slave whose book "Poems on Various Subjects, Religious and Moral," was published in 1773. She was one of the best-known poets of her day, at least in the colonies, and her poems were typical of New England culture at the time, meditating on religious and classical ideas.

The 18th century saw an increasing emphasis on America as fit subject matter for its poets. This trend is most evident in the works of Philip Freneau (1752–1832), who is notable for the unusually sympathetic attitude to Native Americans shown in his writings, which had been interpreted as being reflective of his skepticism toward American culture. However, as might be expected from what was essentially provincial writing, this late colonial-era poetry is generally somewhat old-fashioned in form and syntax, deploying the means and methods of Pope and Gray in the era of Blake and Burns. The work of Rebecca Hammond Lard (1772–1855), although quite old, still apply to life in today's world. She writes about nature, not only the nature of environment, but the nature of humans.

On the whole, the development of poetry in the American colonies mirrors the development of the colonies themselves. The early poetry is dominated by the need to preserve the integrity of the Puritan ideals that created the settlement in the first place. As the colonists grew in confidence, the poetry they wrote increasingly reflected their drive towards independence. This shift in subject matter was not reflected in the mode of writing which tended to be conservative, to say the least. This can be seen as a product of the physical remove at which American poets operated from the center of English-language poetic developments in London.

Postcolonial poetry

The first significant poet of the independent United States was William Cullen Bryant (1794–1878), whose great contribution was to write rhapsodic poems on the grandeur of prairies and forests. However, the first internationally acclaimed poet was Henry Wadsworth Longfellow (1807–1882) who nearly surpassed Alfred, Lord Tennyson in international popularity, and, alongside William Cullen Bryant, John Greenleaf Whittier, James Russell Lowell, and Oliver Wendell Holmes, Sr., formed the Fireside Poets (known as the Schoolroom or Household Poets). The Fireside Poets were a group of 19th-century American poets from New England. The name "Fireside Poets" is derived from that popularity: their general adherence to poetic convention (standard forms, regular meter, and rhymed stanzas) made their body of work particularly suitable for being memorized and recited in school and at home, where it was a source of entertainment for families gathered around the fire. The poets' primary subjects were the domestic life, mythology, and politics of the United States, in which several of the poets were directly involved.

Other notable poets to emerge in the early and middle 19th century include Ralph Waldo Emerson (1803–1882), Edgar Allan Poe (1809–1849), Henry David Thoreau (1817–1862), Sidney Lanier (1842–1881), and James Whitcomb Riley (1849–1916). As might be expected, the works of all these writers are united by a common search for a distinctive American voice to distinguish them from their British counterparts. To this end, they explored the landscape and traditions of their native country as materials for their poetry.

The most significant example of this tendency may be The Song of Hiawatha by Longfellow. This poem uses Native American tales collected by Henry Rowe Schoolcraft, who was superintendent of Indian affairs for Michigan from 1836 to 1841. Longfellow imitated the meter of the Finnish epic poem Kalevala, possibly to avoid British models. The resulting poem, while a popular success, did not provide a model for future U.S. poets.

As time went on, the influence of the transcendentalism of the poet/philosophers Emerson and Thoreau increasingly influenced American poetry. Transcendentalism was the distinctly American strain of English Romanticism that began with William Wordsworth and Samuel Taylor Coleridge. Emerson, arguably one of the founders of transcendentalism, had visited England as a young man to meet these two English poets, as well as Thomas Carlyle. While Romanticism transitioned into Victorianism in post-reform England, it became energetic in America from the 1830s through to the Civil War.

Edgar Allan Poe was a unique poet during this time, brooding over themes of the macabre and dark, connecting his poetry and aesthetic vision to his philosophical, psychological, moral, and cosmological theories. Diverse authors in France, Sweden and Russia were heavily influenced by his works. The poet Charles Baudelaire was particularly obsessed with Poe, and drew upon the American poet to invent Symbolism in French poetry. Also, Poe's poem "The Raven" swept across Europe and was translated into many languages. He declined in popularity as a poet, however, and alienated himself from his contemporaries by publicly accusing Henry Wadsworth Longfellow of plagiarism—although Longfellow never responded. In the 20th century, American poet William Carlos Williams said of Poe that "in him American literature is anchored, in him alone, on solid ground."

Whitman and Dickinson

The final emergence of a truly indigenous English-language poetry in the United States was the work of two poets, Walt Whitman (1819–1892) and Emily Dickinson (1830–1886). On the surface, these two poets could not have been less alike. Whitman's long lines, derived from the metric of the King James Version of the Bible, and his democratic inclusiveness stand in stark contrast with Dickinson's concentrated phrases and short lines and stanzas, derived from Protestant hymnals.

What links them is their common connection to Emerson (a passage from whom Whitman printed on the second edition of Leaves of Grass), and the daring originality of their visions. These two poets can be said to represent the birth of two major American poetic idioms—the free metric and direct emotional expression of Whitman, and the gnomic obscurity and irony of Dickinson—both of which would profoundly stamp the American poetry of the 20th century.

The development of these idioms, as well as conservative reactions against them, can be traced through the works of poets such as Edwin Arlington Robinson (1869–1935), Stephen Crane (1871–1900), Robert Frost (1874–1963), Carl Sandburg (1878–1967), and Edna St. Vincent Millay (1892-1950). Frost, in particular, is a commanding figure, who aligned strict poetic meter, particularly blank verse and terser lyrical forms, with a "vurry Amur'k'n" (as Pound put it) idiom. He successfully revitalized a rural tradition with many English antecedents from his beloved Golden Treasury and produced an oeuvre of major importance, rivaling or even excelling in achievement that of the key modernists and making him, within the full sweep of traditional modern English-language verse, a peer of Hardy and Yeats. But from Whitman and Dickinson the outlines of a distinctively new organic poetic tradition, less indebted to English formalism than Frost's work, were clear to see, and they would come to full fruition in the 1910s and 1920s. As Colin Falck noted, "To the Whitmanian heritage of cadenced free verse she [Millay] brings the greater reflective tightness of Robinson Jeffers."

Modernism and after

This new idiom, combined with a study of 19th-century French poetry, formed the basis of American input into 20th-century English-language poetic modernism. Ezra Pound (1885–1972) and T.S. Eliot (1888–1965) were the leading figures at the time, with their rejection of traditional poetic form and meter and of Victorian diction. Both steered American poetry toward greater density, difficulty, and opacity, with an emphasis on techniques such as fragmentation, ellipsis, allusion, juxtaposition, ironic and shifting personae, and mythic parallelism. Pound, in particular, opened up American poetry to diverse influences, including the traditional poetries of China and Japan.

Numerous other poets made important contributions at this revolutionary juncture, including Gertrude Stein (1874–1946), Wallace Stevens (1879–1955), William Carlos Williams (1883–1963), Hilda Doolittle (H.D.) (1886–1961), Marianne Moore (1887–1972), E.E. Cummings (1894–1962), and Hart Crane (1899–1932). The cerebral and skeptical Romantic Stevens helped revive the philosophical lyric, and Williams was to become exemplary for many later poets because he, more than any of his peers, contrived to marry spoken American English with free verse rhythms. Cummings remains notable for his experiments with typography and evocation of a spontaneous, childlike vision of reality.

Whereas these poets were unambiguously aligned with high modernism, other poets active in the United States in the first third of the 20th century were not. Among the more important of the latter were those who were associated with what came to be known as the New Criticism. These included John Crowe Ransom (1888–1974), Allen Tate (1899–1979), and Robert Penn Warren (1905–1989). Other poets of the era, such as Archibald MacLeish (1892–1982), experimented with modernist techniques but were drawn toward traditional modes of writing. Still others, such as Robinson Jeffers (1887–1962), adopted Modernist freedom while remaining aloof from Modernist factions and programs.

In addition, there were still other, early 20th-century poets who maintained or were forced to maintain a peripheral relationship to high modernism, likely due to the racially charged themes of their work. They include Countee Cullen (1903–1946), Alice Dunbar Nelson (1875–1935), Gwendolyn Bennett (1902–1981), Langston Hughes (1902–1967), Claude McKay (1889–1948), Jean Toomer (1894–1967), and other African American poets of the Harlem Renaissance.

The modernist torch was carried in the 1930s mainly by the group of poets known as the Objectivists. These included Louis Zukofsky (1904–1978), Charles Reznikoff (1894–1976), George Oppen (1908–1984), Carl Rakosi (1903–2004) and, later, Lorine Niedecker (1903–1970). Kenneth Rexroth, who was published in the Objectivist Anthology, was, along with Madeline Gleason (1909–1973), a forerunner of the San Francisco Renaissance. Many of the Objectivists came from urban communities of new immigrants, and this new vein of experience and language enriched the growing American idiom.

World War II and after

Archibald Macleish called John Gillespie Magee, Jr. "the first poet of the war".

World War II saw the emergence of a new generation of poets, many of whom were influenced by Wallace Stevens and Richard Eberhart (1904–2005). Karl Shapiro (1913–2000), Randall Jarrell (1914–1965) and James Dickey (1923–1997) all wrote poetry that sprang from experience of active service. Together with Elizabeth Bishop (1911–1979), Theodor Seuss Geisel (Dr. Seuss) (1904-1991), Theodore Roethke (1908–1963) and Delmore Schwartz (1913–1966), they formed a generation of poets that in contrast to the preceding generation often wrote in traditional verse forms.

After the war, a number of new poets and poetic movements emerged. John Berryman (1914–1972) and Robert Lowell (1917–1977) were the leading lights in what was to become known as the Confessional movement, which was to have a strong influence on later poets like Sylvia Plath (1932–1963) and Anne Sexton (1928–1974). Though both Berryman and Lowell were closely acquainted with Modernism, they were mainly interested in exploring their own experiences as subject matter and a style that Lowell referred to as "cooked" – that is, consciously and carefully crafted.

In contrast, the Beat poets, who included such figures as Jack Kerouac (1922–1969), Allen Ginsberg (1926–1997), Gregory Corso (1930–2001), Joanne Kyger (1934-2017), Gary Snyder (born 1930), Diane Di Prima (1934-2020), Amiri Baraka (1934-2014) and Lawrence Ferlinghetti (1919-2020), were distinctly raw. Reflecting, sometimes in an extreme form, the open, relaxed and searching society of the 1950s and 1960s, the Beats pushed the boundaries of the American idiom in the direction of demotic speech perhaps further than any other group.

Around the same time, the Black Mountain poets, under the leadership of Charles Olson (1910–1970), were working at Black Mountain College in North Carolina. These poets were exploring the possibilities of open form but in a much more programmatic way than the Beats. The main poets involved were Robert Creeley (1926–2005), Robert Duncan (1919–1988), Denise Levertov (1923–1997), Ed Dorn (1929–1999), Paul Blackburn (1926–1971), Hilda Morley (1916–1998), John Wieners (1934–2002), and Larry Eigner (1927–1996). They based their approach to poetry on Olson's 1950 essay Projective Verse, in which he called for a form based on the line, a line based on human breath and a mode of writing based on perceptions juxtaposed so that one perception leads directly to another. This in turn influenced the works of Michael McClure (1932-2020), Kenneth Irby (1936–2015), and Ronald Johnson (1935–1998), poets from the Midwestern United States who moved to San Francisco, and in so doing extended the influence of the Black Mountain school geographically westward; their participation in the poetic circles of San Francisco can be seen as partly forming the basis for what would later be known as "Language poetry."

Other poets often associated with the Black Mountain are Cid Corman (1924–2004) and Theodore Enslin (1925-2011), but they are perhaps correctly viewed as direct descendants of the Objectivists. One-time Black Mountain College resident, composer John Cage (1912–1992), along with Jackson Mac Low (1922–2004), wrote poetry based on chance or aleatory techniques. Inspired by Zen, Dada and scientific theories of indeterminacy, they were to prove to be important influences on the 1970s U.S avant-garde.

The Beats and some of the Black Mountain poets often are considered to have been responsible for the San Francisco Renaissance. However, as previously noted, San Francisco had become a hub of experimental activity from the 1930s thanks to Kenneth Rexroth and Gleason. Other poets involved in this scene included Charles Bukowski (1920–1994) and Jack Spicer (1925–1965). These poets sought to combine a contemporary spoken idiom with inventive formal experiment.

Jerome Rothenberg (born 1931) is well known for his work in ethnopoetics, but he was the coiner of the term "deep image", which he used to describe the work of poets like Robert Kelly (born 1935), Diane Wakoski (born 1937) and Clayton Eshleman (1935-2021). Deep Image poetry was inspired by the symbolist theory of correspondences, in particular the work of Spanish poet Federico García Lorca. The term later was popularized by Robert Bly. The Deep Image movement was the most international, accompanied by a flood of new translations from Latin American and European poets such as Pablo Neruda, César Vallejo and Tomas Tranströmer. Some of the poets who became associated with Deep Image are Galway Kinnell, James Wright, Mark Strand and W.S. Merwin. Both Merwin and California poet Gary Snyder became known for their interest in environmental and ecological concerns.

The Small Press poets (sometimes called the mimeograph movement) are another influential and eclectic group of poets who surfaced in the San Francisco Bay Area in the late 1950s and are still active today. Fiercely independent editors, who were also poets, edited and published low-budget periodicals and chapbooks of emerging poets who might otherwise have gone unnoticed. This work ranged from formal to experimental. Gene Fowler, A.D. Winans, Hugh Fox, street poet and activist Jack Hirschman, Paul Foreman, Jim Cohn, John Bennett, and F.A. Nettelbeck are among the many poets who are still actively continuing the Small Press Poets tradition. Many have turned to the new medium of the Web for its distribution capabilities.

Los Angeles poets: Leland Hickman (1934–1991), Holly Prado (1938-2019), Harry Northup (born 1940), Wanda Coleman (1946-2013), Michael C. Ford (born 1939), Kate Braverman (1949-2019), Eloise Klein Healy (born 1943), Bill Mohr, Laurel Ann Bogen, met at Beyond Baroque Literary Arts Center, in Venice, California. They are lyric poets, heavily autobiographical; some are practitioners of the experimental long poem. Their predecessors in Los Angeles were Ann Stanford (1916–1987), Thomas McGrath (1916–1990), Jack Hirschman (1933-2021). Beyond Baroque Literary Arts Center, created by George Drury Smith in 1968, is the central literary arts center in the Los Angeles area.

Just as the West Coast had the San Francisco Renaissance and the Small Press Movement, the East Coast produced the New York School. This group aimed to write poetry that spoke directly of everyday experience in everyday language and produced a poetry of urbane wit and elegance that contrasts with the work of their Beat contemporaries (though in other ways, including their mutual respect for American slang and disdain for academic or "cooked" poetry, they were similar). Leading members of the group include John Ashbery (1927-2017), Frank O'Hara (1926–1966), Kenneth Koch (1925–2002), James Schuyler (1923–1991), Barbara Guest (1920–2006), Ted Berrigan (1934–1983), Anne Waldman (born 1945) and Bernadette Mayer (born 1945). Of this group, John Ashbery, in particular, has emerged as a defining force in recent poetics, and he is regarded by many as the most important American poet since World War II.

American poetry today

The last 40 years of poetry in the United States have brought new groups, schools, and trends into vogue. The 1970s saw a revival of interest in surrealism, with the more prominent poets working in this field being Andrei Codrescu (born in 1946), Russell Edson (1935-2014) and Maxine Chernoff (born in 1952). Performance poetry emerged from the Beat and hippie happenings, the talk-poems of David Antin (1932-2016), and ritual events performed by Rothenberg, to become a serious poetic stance which embraces multiculturalism and a range of poets from a multiplicity of cultures. This mirrored a general growth of interest in poetry by African Americans including Gwendolyn Brooks (1917–2000), Maya Angelou (1928–2014), Ishmael Reed (born in 1938), Nikki Giovanni (born in 1943), and Detrick Hughes (born in 1966).

Another group of poets, the Language school (or L=A=N=G=U=A=G=E, after the magazine that bears that name), have continued and extended the Modernist and Objectivist traditions of the 1930s. Some poets associated with the group are Lyn Hejinian, Ron Silliman, Bob Perelman and Leslie Scalapino. Their poems—fragmentary, purposefully ungrammatical, sometimes mixing texts from different sources and idioms—can be by turns abstract, lyrical, and highly comic.

The Language school includes a high proportion of women, which mirrors another general trend—the rediscovery and promotion of poetry written both by earlier and contemporary women poets. A number of the more prominent African American poets to emerge are women, and other prominent women writers include Adrienne Rich (1929–2012), Jean Valentine (1934–2020), and Amy Gerstler (born in 1956).

Although poetry in traditional classical forms had mostly fallen out of fashion by the 1960s, the practice was kept alive by poets of great formal virtuosity like James Merrill (1926–1995), author of the epic poem The Changing Light at Sandover, Richard Wilbur, and British-born San Francisco poet Thom Gunn. The 1980s and 1990s saw a re-emergent interest in traditional form, sometimes dubbed New Formalism or Neoformalism. These include poets such as Molly Peacock, Brad Leithauser, Dana Gioia, Donna J. Stone, Timothy Steele, Alicia Ostriker, and Marilyn Hacker. Some of the more outspoken New Formalists have declared that the return to rhyme and more fixed meters to be the new avant-garde. Their critics sometimes associate this traditionalism with the conservative politics of the Reagan era, noting the recent appointment of Gioia as chair of the National Endowment for the Arts.

Haiku has attracted a community of American poets dedicated to its development as a poetic genre in English. The extremely terse Japanese haiku first influenced the work of Ezra Pound and the Imagists, and post-war poets such as Kerouac and Richard Wright wrote substantial bodies of original haiku in English. Other poets such as Ginsberg, Snyder, Wilbur, Merwin, and many others have at least dabbled with haiku, often simply as a syllabic form. Starting in 1963, with the founding of the journal American Haiku, poets such as Cor van den Heuvel, Nick Virgilio, Raymond Roseliep, John Wills, Anita Virgil, Gary Hotham, Marlene Mountain, Wally Swist, Peggy Willis Lyles, George Swede, Michael Dylan Welch, Jim Kacian, and others have created significant oeuvres of haiku poetry, evincing continuities with both Transcendentalism and Imagism and often maintaining an anti-anthropocentric environmental focus on nature during an unparalleled age of habitat destruction and human alienation.

The last two decades have seen a revival of the Beat poetry spoken word tradition, in the form of the poetry slam. Chicago construction worker Marc Smith turned urban poetry performance into audience-judged competitions in 1984. Poetry slams emphasize a style of writing that is topical, provocative and easily understood. Poetry slam opened the door for a generation of writers and spoken word performers, including Alix Olson, Apollo Poetry, Taylor Mali, and Saul Williams, and inspired hundreds of open mics across the U.S.

Poetry has become a significant presence on the Web, with a number of new online journals, 'zines, blogs and other websites. An example of the fluid nature of web-based poetry communities is, "thisisbyus, now defunct, yet this community of writers continues and expands on Facebook and has allowed both novice and professional poets to explore writing styles.

During the contemporary time frame, there were major independent voices who defied links to well-known American poetic movements and forms such as poet and literary critic Robert Peters, greatly influenced by the Victorian English poet Robert Browning’s poetic monologues, became reputable for executing his monologic personae like his Mad King Ludwig II of Bavaria into popular one-man performances. Another example is Louise Glück who cites Emily Dickinson and William Blake as her influences. Critics and scholars have discussed whether or not she is a confessional poet. Sylvia Plath may be another of her influences.

The Library of Congress produces a guide to American poetry inspired by the 9/11 attacks, including anthologies and books dedicated to the subject.

Robert Pinsky has a special place in American poetry as he was the poet laureate of the United States for three terms. No other poet has been so honored. His "Favorite Poem Project" is unique, inviting all citizens to share their all-time favorite poetic composition and why they love it. He is a professor at Boston University and the poetry editor at Slate. "Poems to Read" is a demonstration of his poetic vision, joining the word and the common man.

With increased consciousness of society's impact on natural ecosystems, it is inexorable that such themes would become integrated into poetry. The foundations of poems about nature are found in the work of Henry David Thoreau and Walt Whitman. The modern ecopoetics movement was pioneered by Jack Collom, who taught a dedicated course on ecopoetics at Naropa University in Boulder, Colorado for 17 years. Contemporary poetry on environmental sustainability is found among the works of J.S. Shipman, for example, in, "Calling on You."

The growth in the popularity of graduate creative writing programs has given poets the opportunity to make a living as teachers. This increased professionalization of poetry, combined with the reluctance of most major book and magazine presses to publish poetry, has meant that, for the foreseeable future at least, poetry may have found its new home in the academy and in small independent journals. A prominent example is Nobel Laureate Louise Glück who teaches at Yale University.

Sexual assault

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Sexual_assault

Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which includes child sexual abuse, groping, rape (forced vaginal, anal, or oral penetration or a drug facilitated sexual assault), or the torture of the person in a sexual manner.

Definition

Generally, sexual assault is defined as unwanted sexual contact. The National Center for Victims of Crime states:

Sexual assault takes many forms including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats. Usually a sexual assault occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent.

In the United States, the definition of sexual assault varies widely among the individual states. However, in most states sexual assault occurs when there is lack of consent from one of the individuals involved. Consent must take place between two adults who are not incapacitated and consent may change, by being withdrawn, at any time during the sexual act.

Types

Child sexual abuse

Child sexual abuse is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities (regardless of the outcome), indecent exposure of the genitals to a child, displaying pornography to a child, actual sexual contact against a child, physical contact with the child's genitals, viewing of the child's genitalia without physical contact, or using a child to produce child pornography, including live streaming sexual abuse.

The effects of child sexual abuse include depression, post-traumatic stress disorder, anxiety, propensity to re-victimization in adulthood, physical injury to the child, and increased risk for future interpersonal violence perpetration among males, among other problems. Sexual abuse by a family member is a form of incest. It is more common than other forms of sexual assault on a child and can result in more serious and long-term psychological trauma, especially in the case of parental incest.

Approximately 15 to 25 percent of women and 5 to 15 percent of men were sexually abused when they were children. Most sexual abuse offenders are acquainted with their victims. Approximately 30 percent of the perpetrators are relatives of the child – most often brothers, sisters, fathers, mothers, uncles, aunts or cousins. Around 60 percent are other acquaintances such as friends of the family, babysitters, or neighbors. Strangers are the offenders in approximately 10 percent of child sexual abuse cases.

Studies have shown that the psychological damage is particularly severe when sexual assault is committed by parents against children due to the incestuous nature of the assault. Incest between a child and a related adult has been identified as the most widespread form of child sexual abuse with a huge capacity for damage to a child. Often, sexual assault on a child is not reported by the child for several of the following reasons:

  • children are too young to recognize their victimization or put it into words
  • they were threatened or bribed by the abuser
  • they feel confused by fearing the abuser
  • they are afraid no one will believe them
  • they blame themselves or believe the abuse is a punishment
  • they feel guilty for consequences to the perpetrator

In addition, many states have criminalized sexual contact between teachers or school administrators and students, even if the student is over the age of consent.

Domestic violence

Domestic violence is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. It is strongly correlated with sexual assault. Not only can domestic abuse be emotional, physical, psychological and financial, but it can be sexual. Some of the signs of sexual abuse are similar to those of domestic violence.

Elderly sexual assault

About 30 percent of people age 65 or older who are sexually assaulted in the U.S. report it to the police. Assailants may include strangers, caretakers, adult children, spouses and fellow facility residents, although perpetrators of elder sexual assault are less likely to be related to the victim than perpatrators of other types of elder abuse.

Groping

The term groping is used to define the touching or fondling of another person in a sexual way without the person's consent. Groping may occur under or over clothing.

Rape

Outside of law, the term rape (sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent) is often used interchangeably with sexual assault. Although closely related, the two terms are technically distinct in most jurisdictions. Sexual assault typically includes rape and other forms of non-consensual sexual activity.

Abbey et al. state that female victims are much more likely to be assaulted by an acquaintance, such as a friend or co-worker, a dating partner, an ex-boyfriend or a husband or other intimate partner than by a complete stranger. In a study of hospital emergency room treatments for rape, Kaufman et al. stated that the male victims as a group sustained more physical trauma and were more likely to have been a victim of multiple assaults from multiple assailants. It was also stated that male victims were more likely to have been held captive longer.

In the U.S., rape is a crime committed primarily against youth. A national telephone survey on violence against women conducted by the National Institute of Justice and the Centers for Disease Control and Prevention found that 18% of women surveyed had experienced a completed or attempted rape at some time in their lives. Of these, 22% were younger than 12 years and 32% were between 12 and 17 years old when they were first raped.

In the U.K., attempted rape under the Criminal Attempts Act 1981 is a 'sexual offence' within section 31(1) of the Criminal Justice Act 1991.

The removal of a condom during intercourse without the consent of the sex partner, known as stealthing, may be treated as a sexual assault or rape in some jurisdictions.

Sexual harassment

Sexual harassment is intimidation, bullying or coercion of a sexual nature. It may also be defined as the unwelcome or inappropriate promise of rewards in exchange for sexual favors. The legal and social definition of what constitutes sexual harassment differ widely by culture. Sexual harassment includes a wide range of behaviors from seemingly mild transgressions to serious forms of abuse. Some forms of sexual harassment overlap with sexual assault.

In the United States, sexual harassment is a form of discrimination which violates Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission (EEOC): "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."

In the United States:

  • 79% of victims are women, 21% are men
    • 51% are harassed by a supervisor
    • Business, Trade, Banking, and Finance are the biggest industries where sexual harassment occurs
    • 12% received threats of termination if they did not comply with their requests
  • 26,000 people in the armed forces were assaulted in 2012
    • 302 of the 2,558 cases pursued by victims were prosecuted
    • 38% of the cases were committed by someone of a higher rank
  • Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
    • Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments. Title VII also applies to private and public colleges and universities, employment agencies, and labor organizations.
    • "It shall be an unlawful employment practice for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin."

Mass sexual assault

Mass sexual assault takes place in public places and in crowds. It involves large groups of men surrounding and assaulting a woman, groping, manual penetration, and frottage, but usually stopping short of penile rape.

Emotional and psychological effects

Aside from physical traumas, rape and other sexual assault often result in long-term emotional effects, particularly in child victims. These can include, but are not limited to: denial, learned helplessness, genophobia, anger, self-blame, anxiety, shame, nightmares, fear, depression, flashbacks, guilt, rationalization, moodswings, numbness, promiscuity, loneliness, social anxiety, difficulty trusting oneself or others, and difficulty concentrating.

Sexual assault increases an individual's risk to developing psychopathology. It is most strongly related to the development of suicidality and trauma-related disorders (including posttraumatic stress disorder), as well as the development of bipolar and obsessive-compulsive disorders. Experiencing sexual assault also increases the risk of developing anxiety disorders, major depressive disorder, eating disorders, addiction, or other psychopathologies. Individuals who develop psychological disorders following sexual assault have increased frequency and severity of psychopathology compared with individuals who have not experienced sexual assault.

Family and friends of individuals who have been sexually assaulted experience emotional scarring, including a strong desire for revenge, a desire to "fix" the problem and/or move on, and a rationalization that "it wasn't that bad".

Physical effects

While sexual assault, including rape, can result in physical trauma, many people who experience sexual assault will not suffer any physical injury. Rape myths suggest that the stereotypical victim of sexual violence is a bruised and battered young woman. The central issue in many cases of rape or other sexual assault is whether or not both parties consented to the sexual activity or whether or not both parties had the capacity to do so. Thus, physical force resulting in visible physical injury is not always seen. This stereotype can be damaging because people who have experienced sexual assault but have no physical trauma may be less inclined to report to the authorities or to seek health care. However, women who experienced rape or physical violence by a partner were more likely than people who had not experienced this violence to report frequent headaches, chronic pain, difficulty sleeping, activity limitation, poor physical health, and poor mental health.

Economic effects

Due to rape or sexual assault, or the threat of, there are many resulting impacts on income and commerce at the macro level. Excluding child abuse, each rape or sexual assault costs $5,100 in tangible losses (lost productivity, medical and mental health care, police/fire services, and property damage) and $81,400 in lost quality of life. This issue has been addressed in the Supreme Court. In his dissenting opinion of the U.S. Supreme Court case U.S. v. Morrison, Justice Souter explained that 75% of women never go to the movies alone at night and nearly 50% will not ride public transportation out of fear of rape or sexual assault. It also stated that less than 1% of victims collect damages and 50% of women lose their jobs or quit after the trauma. The court ruled in U.S. v. Morrison that Congress did not have the authority to enact part of the Violence Against Women Act because it did not have a direct impact on commerce. The Commerce Clause of Article I Section VII of the U.S. Constitution gives authority and jurisdiction to the Federal government in matters of interstate commerce. As a result, the victim was unable to sue her attacker in Federal Court.

Sexual assault also has adverse economic effects for survivors on the micro level. For instance, survivors of sexual assault often require time off from work and face increased rates of unemployment. Survivors of rape by an intimate partner lose an average of $69 per day due to unpaid time off from work. Sexual assault is also associated with numerous negative employment consequences, including unpaid time off, diminished work performance, job loss, and inability to work, all of which can lead to lower earnings for survivors.

The ability to test backlogged sexual assault kits and have the results uploaded into CODIS is cost effective in terms of reducing the costs associated with sexual assaults' by spending the money on testing evidence.

Medical and psychological treatment of victims

In the emergency room, emergency contraceptive medications are offered to women raped by men because about 5% of such rapes result in pregnancy. Preventative medication against sexually transmitted infections are given to victims of all types of sexual assault (especially for the most common diseases like chlamydia, gonorhea, trichomoniasis and bacterial vaginosis) and a blood serum is collected to test for STIs (such as HIV, hepatitis B and syphilis). Any survivor with abrasions are immunized for tetanus if 5 years have elapsed since the last immunization. Short-term treatment with a benzodiazepine may help with acute anxiety and antidepressants may be helpful for symptoms of PTSD, depression and panic attacks. Eye movement desensitization and reprocessing (EMDR) has also been proposed as a psychiatric treatment for victims of sexual assault. With regard to long term psychological treatment, prolonged exposure therapy has been tested as a method of long-term PTSD treatment for victims of sexual abuse.

Post-assault mistreatment of victims

After the assault, victims may become the target of slut-shaming to cyberbullying. In addition, their credibility may be challenged. During criminal proceedings, publication bans and rape shield laws may operate to protect victims from excessive public scrutiny. Negative social responses to victims' disclosures of sexual assault have the potential to lead to posttraumatic stress disorder symptoms. Social isolation, following a sexual assault, can result in the victim experiencing a decrease in their self-esteem and likelihood of rejecting unwanted sexual advances in the future. Victims have already been through a traumatic assault and it can be exacerbated the unwillingness of law enforcement to move their case along in the forensic testing process because law enforcement officials develop preconceived notions about the victims willingness to participate in the investigation.

Prevention

U.S. troops in Afghanistan hold a 5K run/walk for Sexual Assault Awareness Month.

Sexual harassment and assault may be prevented by secondary school, college, workplace and public education programs. At least one program for fraternity men produced "sustained behavioral change". At least one study showed that creative campaigns with attention grabbing slogans and images that market consent are effective tools to raise awareness of campus sexual assault and related issues.

Several research based rape prevention programs have been tested and verified through scientific studies. The rape prevention programs that have the strongest empirical data in the research literature include the following:

The Men's and Women's Programs, also known as the One in Four programs, were written by John Foubert. and is focused on increasing empathy toward rape survivors and motivating people to intervene as bystanders in sexual assault situations. Published data shows that high-risk persons who saw the Men's and Women's Program committed 40% fewer acts of sexually coercive behavior than those who didn't. They also committed acts of sexual coercion that were 8 times less severe than a control group. Further research also shows that people who saw the Men's and Women's Program reported more efficacy in intervening and greater willingness to help as a bystander after seeing the program. Several additional studies are available documenting its efficacy.

Bringing in the Bystander was written by Victoria Banyard. Its focus is on who bystanders are, when they have helped, and how to intervene as a bystander in risky situations. The program includes a brief empathy induction component and a pledge to intervene in the future. Several studies show strong evidence of favorable outcomes including increased bystander efficacy, increased willingness to intervene as a bystander, and decreased rape myth acceptance.

The MVP: Mentors in Violence Prevention was written by Jackson Katz. This program focuses on discussing a male bystander who didn't intervene when woman was in danger. An emphasis is placed on encouraging men to be active bystanders rather than standing by when they notice abuse. The bulk of the presentation is on processing hypothetical scenarios. Outcomes reported in research literature include lower levels of sexism and increased belief that participants could prevent violence against women.

The Green Dot program was written by Dorothy Edwards. This program includes both motivational speeches and peer education focused on bystander intervention. Outcomes show that program participation is associated with reductions in rape myth acceptance and increased bystander intervention.

The city of Edmonton, Canada, initiated a public education campaign aimed at potential perpetrators. Posters in bar bathrooms and public transit centers reminded men that "It's not sex when she's wasted" and "It's not sex when he changes his mind". The campaign was so effective that it spread to other cities. "The number of reported sexual assaults fell by 10 per cent last year in Vancouver, after the ads were featured around the city. It was the first time in several years that there was a drop in sexual assault activity."

President Barack Obama and Vice President Joe Biden introduced in September 2014 a nationwide campaign against sexual assault entitled "It's on us". The campaign includes tips against sexual assault, as well as broad scale of private and public pledges to change to provoke a cultural shift, with a focus on student activism, to achieve awareness and prevention nationwide. UC Berkeley, NCAA and Viacom have publicly announced their partnership.

Additionally, CODIS checks whether the qualifying offense sample, DNA taken from an offender for committing a crime, was also a sexual assault. If a person committed sexual offenses in the past, this system would reveal a pattern of serial sexual offending. Using CODIS to compare backlogged rape kit tests can lead to prevention of future sexual assaults.

Prevalence

Reported rates in several countries (UN)

A United Nations report compiled from government sources showed that more than 250,000 cases of rape or attempted rape were recorded by police annually. The reported data covered 65 countries.

United States

Reported rates in the United States (BJS)
 
Reported rates in US armed services

The U.S. Department of Justice's National Crime Victimization Survey states that on average there are 237,868 victims (age 12 or older) of sexual assault and rape each year. According to RAINN, every 107 seconds someone in America is sexually assaulted. Sexual assault in the United States military also is a salient issue. Some researchers assert that the unique professional and socially-contained context of military service can heighten the destructive nature of sexual assault, and, therefore, improved support is needed for these victims.

The victims of sexual assault:

Age

  • 15% are under the age of 12
  • 29% are age 12–17
  • 44% are under age 18
  • 80% are under age 30
  • 12–34 are the highest risk years
  • Girls ages 16–19 are 4 times more likely than the general population to be victims of rape, attempted rape, or sexual assault.

By gender

A study from 2011 finds that,

  • 19.3% of women have been victims of attempted (7.8%) or completed (11. 5%) rape during their lifetime.
  • An estimated 1.7% of men have been victims of attempted or completed rape during their lifetime.
  • Over 23 million women have been victims of attempted or completed rape during their lifetime.
  • Almost 2 million men have been victims of attempted or completed rape during their lifetime.
  • An estimated 7.6 million men have been forced to penetrate during their lifetime, 71% having done so before the age of 25.

The National Crime Victimization Survey conducted by the U.S. Justice Department (Bureau of Justice Statistics) found that from 1995 to 2013, men represented 17% of victims of sexual assault and rape on college campuses, and 4% of non-campus sexual assaults and rapes.

LGBT

LGBT identifying individuals, with the exception of lesbian women, are more likely to experience sexual assault on college campuses than heterosexual individuals.

  • 1 in 8 lesbian women and nearly 50% of bisexual women and men experience sexual assault in their lifetime.
  • Nearly 4 in 10 gay men experience sexual violence in their lifetime.
  • 64% of transgender people have experienced sexual assault in their lifetime.

Effects

  • 3 times more likely to suffer from depression
  • 6 times more likely to suffer from post-traumatic stress disorder
  • 13 times more likely to abuse alcohol
  • 26 times more likely to abuse drugs
  • 4 times more likely to contemplate suicide

The reporting of sexual assault:

  • on average 68% of sexual assaults go unreported
  • 98% of rapists will not spend time in jail

The assailants:
According to the U.S. Department of Justice 1997 Sex Offenses and Offenders Study,

  • A rapist's age on average is 31 years old
  • 52% of offenders are white
  • 22% of rapists imprisoned report that they are married
  • Juveniles accounted for 16% of forcible rape arrestees in 1995 and 17% of those arrested for other sex offenses

In 2001,

  • 11% of rapes involved the use of a weapon
    • 3% used a gun
    • 6% used a knife
    • 2% used another form of weapon
  • 84% of victims reported the use of physical force only

According to the U.S. Department of Justice 2005 National Crime Victimization Study

  • About 2/3 of rapes were committed by someone known to the victim
  • 73% of sexual assaults were perpetrated by a non-stranger
  • 38% of rapists are a friend or acquaintance
  • 28% are an intimate partner
  • 7% are a relative

College

In the United States, several studies since 1987 have indicated that one in four college women have experienced rape or attempted rape at some point in their lifetime. These studies are based on anonymous surveys of college women, not reports to the police, and the results are disputed.

In 2015, Texas A&M University professor Jason Lindo and his colleagues analyzed over two decades worth of FBI data, noting that reports of rape increased 15-57% around the times of major American Football games at Division 1 schools while attempting to find a link between campus rape and alcohol.

A 2006 report from the U.S. Department of Justice titled "The Sexual Victimization of College Women" reports that 3.1% of undergraduates survived rape or attempted rape during a 6–7 month academic year with an additional 10.1% surviving rape prior to college and an additional 10.9% surviving attempted rape prior to college. With no overlap between these groups, these percentages add to 24.1%, or "One in Four".

Koss, Gidycz & Wisniewski published a study in 1987 where they interviewed approximately 6,000 college students on 32 college campuses nationwide. They asked several questions covering a wide range of behaviors. From this study 15% of college women answered "yes" to questions about whether they experienced something that met the definition of rape. An additional 12% of women answered "yes" to questions about whether they experienced something that met the definition of attempted rape, thus the statistic One in Four.

A point of contention lies in the leading nature of the questions in the study conducted by Koss, Gidycz & Wisniewski. Koss herself later admitted that the question that had garnered the largest "rape" result was flawed and ultimately rendered the study invalid. Most prominently the problem was that many respondents who had answered yes to several questions had their responses treated as having been raped. The issue being that these same respondents did not feel they had been victimized and never sought redress for grievances. The resultant change shows a prevalence of only 1 in 22 college women having been raped or attempted to be raped during their time at college.

In 1995, the CDC replicated part of this study, however they examined rape only, and did not look at attempted rape. They used a two-stage cluster sample design to produce a nationally representative sample of undergraduate college students aged greater than or equal to 18 years. The first-stage sampling frame contained 2,919 primary sampling units (PSUs), consisting of 2- and 4-year colleges and universities. The second sampling stage consisted of a random sample drawn from the primary sample unit frame enrolled in the 136 participating colleges and universities to increase the sample size to 4,609 undergraduate college students aged greater than or equal to 18 years old with a representative sample demographic matching the national demographic. Differential sampling rates of the PSU were used to ensure sufficient numbers of male and female, black and Hispanic students in the total sample population. After differential sample weighting, female students represented 55.5% of the sample; white students represented 72.8% of the sample, black students 10.3%, Hispanic students 7.1%, and 9.9% were other. It was determined that nationwide, 13.1% of college students reported that they had been forced to have sexual intercourse against their will during their lifetime. Female students were significantly more likely than male students to report they had ever been forced to have sexual intercourse; 20% of approximately 2500 females (55% of 4,609 samples) and 3.9% of males reported experiencing rape thus far in the course of their lifetime.

Other studies concerning the annual incidence of rape, some studies conclude an occurrence of 5%. The National Survey of Children's Exposure to Violence found that in the 2013–2014 academic year, 4.6% of girls ages 14 – 17 experienced sexual assault or sexual abuse. In another study, Mohler-Kuo, Dowdall, Koss & Weschler (2004) found in a study of approximately 25,000 college women nationwide that 4.7% experienced rape or attempted rape during a single academic year. This study did not measure lifetime incidence of rape or attempted rape. Similarly, Kilpatrick, Resnick, Ruggiero, Conoscenti, & McCauley (2007) found in a study of 2,000 college women nationwide that 5.2% experienced rape every year.

On campuses, it has been found that alcohol is a prevalent issue in regards to sexual assault. It has been estimated that 1 in 5 women experience an assault and of those women 50%-75% have had either the attacker, the woman, or both consuming alcohol prior to the assault. Not only has it been a factor in the rates for sexual assault on campus, but because of the prevalence, assaults are also being affected specifically by the inability to give consent when intoxicated and bystanders not knowing when to intervene due to their own intoxication or the intoxication of the victim.

Children

Other research has found that about 80,000 American children are sexually abused each year.

By jurisdiction

Australia

Within Australia, the term sexual assault is used to describe a variation of sexual offences. This is due to a variety of definitions and use of terminology to describe sexual offences within territories and states as each territory and state have their own legislation to define rape, attempted rape, sexual assault, aggravated sexual assault, sexual penetration or intercourse without consent and sexual violence.

In the State of New South Wales, sexual assault is a statutory offence punishable under s 61I of the Crimes Act 1900. The term "sexual assault" is equivalent to "rape" in ordinary parlance, while all other assaults of a sexual nature are termed "indecent assault".

To be liable for punishment under the Crimes Act 1900, an offender must intend to commit an act of sexual intercourse as defined under s 61H(1) while having one of the states of knowledge of non-consent defined under s 61HA(3). But note that s 61HA(3) is an objective standard which only require the person has no reasonable grounds for believing the other person is consenting. The maximum penalty for sexual assault is 14 years imprisonment.

Aggravated sexual assault is sexual intercourse with another person without the consent of the other person and in circumstances of aggravation. The maximum penalty is imprisonment for 20 years under s 61J of the Crimes Act.

In the state of Victoria, rape is punishable under s 38 of the Crimes Act 1958, with a maximum penalty of 25 years imprisonment.

In the state of South Australia, rape is punishable under s 48 of the Criminal Law Consolidation Act 1935 (SA) with a maximum term of life imprisonment.

In the state of Western Australia, sexual penetration is punishable under s 325 the Criminal Code Act 1913 with a maximum sentence of 14 years imprisonment.

In the Northern Territory, offences of sexual intercourse and gross indecency without consent are punishable under s 192 of the Criminal Code Act 1983 and punishable with a maximum sentence of life imprisonment.

In Queensland, rape and sexual assault are punishable under s 349, Chapter 32 of the Criminal Code Act 1899 with a maximum penalty of life imprisonment.

In Tasmania, rape is punishable under s 185 of the Criminal Code Act 1924 with a maximum punishment of 21 years under s389 of the Criminal Code Act 1924.

In the Australian Capital Territory, sexual assault is punishable under Part 3 of the Crimes Act 1900 with a maximum punishment of 17 years.

Sexual assault is considered a gendered crime which results in 85% of sexual assaults never coming to the attention of the criminal justice system according to the Australian Bureau of Statistics. This is due to low reporting rates, treatment of victims and distrust of the criminal justice system, difficulty in obtaining evidence and the belief in sexual assault myths.

However, once a person is charged, the public prosecutor will decide whether the case will proceed to trial based on whether there is sufficient evidence and whether a case is in the public interest. Once the matter has reached trial, the matter will generally be heard in the District Court. This is because sexually violent crimes are mostly categorised as indictable offences (serious offences), as opposed to summary offences (minor offences). Sexual offences can also be heard in the Supreme Court, but more generally if the matter is being heard as an appeal.

Once the matter is being heard, the prosecution must provide evidence which proves "beyond reasonable doubt" that the offence was committed by the defendant. The standard of proof is vital in checking the power of the State. While as previously stated that each jurisdiction (State and Territory) has its own sexual offence legislation, there are many common elements to any criminal offence that advise on how the offence is defined and what must be proven by the prosecution in order to find the defendant guilty. These elements are known as Actus Reus which comprises the physical element (see Ryan v Regina [1967]) and the Mens Rea which comprises the mental element (see He Kaw Teh (1985)).

Notable sexual assault cases which have resulted in convictions are Regina v Bilal Skaf [2005] and Regina v Mohommed Skaf [2005] which were highly visible in New South Wales within the media the 2000s. These cases were closely watched by the media and led to legislative changes such as the passing of the Crimes Amendment (Aggravated Sexual Assault in Company) Act 2001 No 62 which dramatically increased the sentences for 'gang rapists' by creating a new category of crime known as Aggravated Sexual Assault in Company. Changes were also made to the Crimes (Sentencing Procedure) Act 1999. This change is known as the Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004 No 3 which expands the category of offences in respect of which a Local Court may receive and consider Victim Impact Statements to include some indictable offences which are usually dealt with summarily.

Canada

Sexual assault is defined as sexual contact with another person without that other person's consent. Consent is defined in section 273.1(1) as "the voluntary agreement of the complainant to engage in the sexual activity in question".

Section 265 of the Criminal Code defines the offences of assault and sexual assault.

Section 271 criminalizes "Sexual assault", section 272 criminalizes "Sexual assault with a weapon, threats to a third party or causing bodily harm" and section 273 criminalizes "Aggravated sexual assault".

Consent

The absence of consent defines the crime of sexual assault. Section 273.1 (1) defines consent, section 273.1 (2) outlines certain circumstances where "no consent" is obtained, while section 273.1 (3) states that subsection (2) does not limit the circumstances where "no consent" is obtained (i.e. subsection (2) describes some circumstances which deem the act to be non-consensual, but other circumstances, not described in this section, can also deem the act as having been committed without consent). "No consent" to sexual assault is also subject to Section 265 (3), which also outlines several situations where the act is deemed non-consensual. In 2011, the Supreme Court of Canada in R. v. J.A. interpreted the provisions below to find that a person must have an active mind during the sexual activity in order to consent, and that they cannot give consent in advance.

  • Meaning of "consent"

273.1 (1) Subject to subsection (2) and subsection 265(3), "consent" means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

Where no consent obtained

(2) No consent is obtained, for the purposes of sections 271, 272 and 273, where (a) the agreement is expressed by the words or conduct of a person other than the complainant; (b) the complainant is incapable of consenting to the activity; (c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority; (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

Subsection (2) not limiting

(3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.

  • Section 265(3)

Consent

(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of (a) the application of force to the complainant or to a person other than the complainant; (b) threats or fear of the application of force to the complainant or to a person other than the complainant; (c) fraud; or (d) the exercise of authority.

In accordance with 265 (4) an accused may use the defence that he or she believed that the complainant consented, but such a defence may be used only when "a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief"; furthermore according to section 273.2(b) the accused must show that he or she took reasonable steps in order to ascertain the complainant's consent, also 273.2(a) states that if the accused's belief steams from self-induced intoxication, or recklessness or wilful blindness than such belief is not a defence.

  • 265 (4)

Accused's belief as to consent

(4) Where an accused alleges that he or she believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.

  • Where belief in consent not a defence

273.2 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where (a) the accused's belief arose from the accused's

(i) self-induced intoxication, or

(ii) recklessness or wilful blindness; or (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting.

Supreme Court partial interpretation of "consent"

The Supreme Court of Newfoundland and Labrador jury ruled in favour of a defense that added to the interpretation of the consent laws. The defenses stated and the Jury was reminded by Justice Valerie Marshall:

  • because a complainant is drunk does not diminish their capacity to consent.
  • because a complainant cannot remember if they gave consent does not mean they could not have consented.

The coined phrase regarding this defense was "Moral vs. legal consent"

Germany

Before 1997, the definition of rape was: "Whoever compels a woman to have extramarital intercourse with him, or with a third person, by force or the threat of present danger to life or limb, shall be punished by not less than two years' imprisonment."

In 1997, a broader definition was adopted with the 13th criminal amendment, section 177–179, which deals with sexual abuse. Rape is generally reported to the police, although it is also allowed to be reported to the prosecutor or District Court.

The Strafgesetzbuch reads:

Section 177
Sexual assault by use of force or threats; rape
  1. Whosoever coerces another person
    1. by force;
    2. by threat of imminent danger to life or limb; or
    3. by exploiting a situation in which the victim is unprotected and at the mercy of the offender,
    to suffer sexual acts by the offender or a third person on their own person or to engage actively in sexual activity with the offender or a third person, shall be liable to imprisonment of not less than one year.
  2. In especially serious cases the penalty shall be imprisonment of not less than two years. An especially serious case typically occurs if
    1. the offender performs sexual intercourse with the victim or performs similar sexual acts with the victim, or allows them to be performed on himself by the victim, especially if they degrade the victim or if they entail penetration of the body (rape); or
    2. the offence is committed jointly by more than one person.

Subsections (3), (4) and (5) provide additional stipulations on sentencing depending on aggravating or mitigating circumstances.

Section 178 provides that "If the offender through sexual assault or rape (section 177) causes the death of the victim at least by gross negligence the penalty shall be imprisonment for life or not less than ten years."

Republic of Ireland

As in many other jurisdictions, the term sexual assault is generally used to describe non-penetrative sexual offences. Section 2 of the Criminal Law (Rape) Act of 1981 states that a man has committed rape if he has sexual intercourse with a woman who at the time of the intercourse does not consent to it, and at that time he knows that she does not consent to the intercourse or he is reckless as to whether she does or does not consent to it. Under Section 4 of the Criminal Law (Rape Amendment) Act of 1990, rape means a sexual assault that includes penetration (however slight) of the anus or mouth by the penis or penetration (however slight) of the vagina by any object held or manipulated by another person. The maximum penalty for rape in Ireland is imprisonment for life.

South Africa

The Criminal Law (Sexual Offences and Related Matters) Amendment Act replaced the common-law offence of indecent assault with a statutory offence of sexual assault, defined in section 5 of the act as follows.

(1) A person ('"A") who unlawfully and intentionally sexually violates a complainant ("B"), without the consent of B, is guilty of the offence of sexual assault.

(2) A person ("A") who unlawfully and intentionally inspires the belief in a complainant ("B") that B will be sexually violated, is guilty of the offence of sexual assault.

The act's definition of "sexual violation" incorporates a number of sexual acts, including genital contact short of penetration as well as any contact with the mouth designed to cause sexual arousal. Non-consensual acts that involve actual penetration are included in the separate offence of rape rather than sexual assault.

The Act also created the offences of "compelled sexual assault", when a person forces a second person to commit an act of sexual violation with a third person; and "compelled self-sexual assault", when a person forces another person to masturbate or commit various other sexual acts on theirself.[127]

United Kingdom

England and Wales

Sexual assault is a statutory offence in England and Wales. It is created by section 3 of the Sexual Offences Act 2003 which defines "sexual assault" as when a person (A)

  1. intentionally touches another person (B),
  2. the touching is sexual,
  3. B does not consent to the touching, and
  4. A does not reasonably believe that B consents.

Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

Sections 75 and 76 apply to an offence under this section.

A person guilty of an offence under this section is liable—

  1. on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
  2. on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Offences committed before the 2003 Act came into force are prosecuted under the Sexual Offences Act 1956 (or in theory earlier legislation), in particular indecent assault.

Consent

Section 74 of the Sexual Offenses Act explains that "a person consents if he agrees by choice and has the freedom and capacity to make that choice".

Section 75 provides a rebuttable presumption that there was no consent in case of violence, intimidation, unlawful imprisonment, unconsciousness, or physical disability or drugs that impair the ability to give consent.

Northern Ireland

Sexual assault is a statutory offence. It is created by article 7 of the Sexual Offences (Northern Ireland) Order 2008. Sexual assault is defined as follows:

Sexual assault
(1) A person (A) commits an offence if—
(a) he intentionally touches another person (B),
(b) the touching is sexual,
(c) B does not consent to the touching, and
(d) A does not reasonably believe that B consents.

Scotland

Sexual assault is a statutory offence. It is created by section 3 of the Sexual Offences (Scotland) Act 2009. Sexual assault is defined as follows:

Sexual assault
(1) If a person ("A")—
(a) without another person ("B") consenting, and
(b) without any reasonable belief that B consents,
does any of the things mentioned in subsection (2), then A commits an offence, to be known as the offence of sexual assault.
(2) Those things are, that A—
(a) penetrates sexually, by any means and to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B,
(b) intentionally or recklessly touches B sexually,
(c) engages in any other form of sexual activity in which A, intentionally or recklessly, has physical contact (whether bodily contact or contact by means of an implement and whether or not through clothing) with B,
(d) intentionally or recklessly ejaculates semen onto B,
(e) intentionally or recklessly emits urine or saliva onto B sexually.

United States

The United States Department of Justice defines sexual assault as "any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape."

Every U.S. state has its own code of laws, and thus the definition of conduct that constitutes a crime, including a sexual assault, may vary to some degree by state. Some states may refer to sexual assault as "sexual battery" or "criminal sexual conduct".

Texas

The Texas Penal Code, Sec. 22.011(a) defines sexual assault as

A person commits [sexual assault] if the person:

(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

1947–1948 civil war in Mandatory Palestine

From Wikipedia, the free encyclopedia During the civil war, the Jewish and Arab communities of Palestine clashed (the latter supported b...