This general definition was drawn from the Center for Disease Control and Prevention website (Basile et al., 2014). (Additional explanation from WV FRIS in parentheses. Definitions specific to criminal offenses in West Virginia can be found under “Laws.”
Sexual violence is generally defined by the Center for Disease Control and Prevention (CDC) as a sexual act committed against someone without that person’s freely given consent. (Note that sexual violence involves victims who do not consent or who are unable to consent to the involved sex act(s).) Sexual violence includes:
- Completed or attempted forced penetration of a victim: Includes unwanted vaginal, oral, or anal insertion through use of physical force or threats to bring physical harm toward or against the victim.
- Completed or attempted alcohol or drug-facilitated penetration of a victim: Includes unwanted vaginal, oral, or anal insertion when the victim was unable to consent because he or she was too intoxicated (e.g., unconscious, or lack of awareness) through voluntary or involuntary use of alcohol or drugs.
- Completed or attempted forced acts in which a victim is made to penetrate someone: Includes situations when the victim was made, or there was an attempt to make the victim, sexually penetrate a perpetrator or someone else without the victim’s consent because the victim was physically forced or threatened with physical harm.
- Completed or attempted alcohol or drug-facilitated acts in which a victim is made to penetrate someone: Includes situations when the victim was made, or there was an attempt to make the victim, sexually penetrate a perpetrator or someone else without the victim’s consent because the victim was too intoxicated (e.g., unconscious, or lack of awareness) through voluntary or involuntary use of alcohol or drugs.
- Nonphysical forced penetration which occurs after a person is pressured to consent or submit to being penetrated: Includes being worn down by someone who repeatedly asked for sex or showed they were unhappy; having someone threaten to end a relationship or spread rumors; and sexual pressure by misuse of influence or authority.
- Unwanted sexual contact: Includes intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person without his or her consent, or of a person who is unable to consent. Unwanted sexual contact also includes making a victim touch the perpetrator. Unwanted sexual contact can be referred to as “sexual harassment” in some contexts, such as a school or workplace.
- Noncontact unwanted sexual experiences: Includes unwanted sexual attention that does not involve physical contact. Some examples are verbal sexual harassment (e.g., making sexual comments) or unwanted exposure to pornography. This occurs without a person’s consent and sometimes, without the victim’s knowledge. This type of sexual violence can occur in many different settings, such as school, the workplace, in public, or through technology.
In addition to this website section, see the section on Sexual Harassment for more on that form of sexual violence. Also see the section on Campus Interpersonal Violence, which is inclusive of sexual violence, domestic and dating violence and stalking.
Sexual Violence in West Virginia
As described in the Laws section of this website, there are two main classifications of criminal sex offenses in West Virginia—sexual assault and sexual abuse. Sexual assault involves sexual intercourse or sexual intrusion without consent. Some acts which fall under the category of sexual assault include forced completed and attempted sexual intercourse (rape), sodomy (oral or anal sexual acts) and object penetration (e.g., penetrating someone's vagina or anus, or causing that person to penetrate her or himself, against that person's will). Sexual abuse involves nonconsensual sexual contact (e.g., unwanted sexual touching).
Note that there are a variety of additional criminal offenses of the sexual nature under state law, including filming of sexually explicit conduct of minors, child abuse, incest, and nonconsensual disclosure of private intimate images and sex trafficking.
Professionals tend to use a number of terms interchangeably to discuss sexual violence. Keep in mind that when discussing state and federal criminal offenses, specific terms are used to describe specific acts. More generally, however, “sexual violence” and “sexual assault” are used as umbrella terms to describe an array of acts as listed in the CDC definition.
Also note that not every type of sexual violence is considered a criminal offense. For example, verbal sexual harassment is not a criminal offense in and of itself. It may, however, be a school or workplace violation.
Crimes of sexual violence are among the most underreported offenses in the United States. In any form, sexual violence can be devastating to victims.
Sexual violence can happen to anyone at any age, at any place, at any time. Offenders commit sexual assault through violence, threats, coercion, manipulation and/or pressure. Offenders can be strangers, acquaintances, friends or family members. Sometimes sexual violence is described based on the relationship status between victims and perpetrators, such as stranger sexual assault, marital rape, intimate partner sexual assault, dating sexual violence, sexual contact with minors, incest (sexual assault and sexual abuse committed by a family member)
Sexual assault is primarily a crime of power and dominance. Through this act, perpetrators take control over and violate their victims in a most personal way. Sexual assault is not typically caused by an uncontrollable sexual desire, even if satisfying sexual desire may be an aspect of the violence.
In many cases, perpetrators plan their sexual assaults. They may target individuals who are accessible, vulnerable, and perceive to be lacking in credibility (and thus may not be believed or taken seriously even if they report the assault to law enforcement). To facilitate sexual assault, perpetrators may use a number of tactics. For example, they may surprise victims by catching them off guard, drug them, or use coercion, threats or manipulation. What a victim is wearing or doing prior to the sexual assault does not cause the sexual assault. Few convicted rapists even remember how their victims were dressed or what they looked like.