Whether you’re in a relationship or you have just met someone and things are moving too fast, you may be left wondering what happened after sexual activity. Just because you did not say no does not mean you consented to sexual activity.
Consent and sexual assault can be difficult to understand, especially when you didn’t say no. Understanding affirmative consent law can help you determine if you experienced sexual assault. If you’re reading this now, chances are that you have had non-consensual sex, and it is important to remember that there is help for you.
At Wagner Reese, we are committed to providing compassionate representation to victims of sexual assault and work to get them the compensation they deserve for the physical harm and psychological trauma they have endured. In this blog post, we discuss sexual assault and how we can help you move forward.
Definition of Sexual Assault
The legal definition of sexual assault, as per Indiana Code § 35-42-4-1, is knowing and intentional sexual intercourse with another person who has been either compelled by force or threatened with force. Sexual assault or rape is also defined as having sexual intercourse with a victim who does not have knowledge that it is taking place, such as by being under the influence of drugs or alcohol, or due to mental disability.
Most importantly, sexual assault or rape occurs against a victim’s physical, verbal, or other refusal attempts. If you’re in the position that you didn’t say “no” but you didn’t say “yes,” you might be wondering how the sexual activity you experienced fits the definition. This can all be explained by understanding affirmative consent.
Understanding Affirmative Consent
Sexual activity should be consensual, and although you may not have said “no,” there must be a clear, mutual agreement to engage in sexual activity. This becomes invalid if sexual activity is forced, or obtained through coercion, manipulation, or incapacitation.
If you did not fully understand what you were agreeing to when choosing to engage in this sexual activity, know that your silence or lack of a verbal denial does not equate to giving your consent. In Indiana, the law considers you unable to consent if you are asleep or unconscious. The age of consent in this state is 16, and if you are under that age, you can’t legally consent to sexual activity.
Understanding Consent
In Indiana, lack of legal consent to sexual activity is considered sexual assault. You must willingly give your consent without being threatened, manipulated, or forced. Agreeing to sexual activity because you are afraid of the person you are with is not consent.
You must also confirm your consent or lack thereof, and that doesn’t mean you need to say “yes” or “no. As such, remaining silent or not resisting is still not considered granting your consent to sexual activity. Even if you gave your consent to this person in the past, that consent doesn’t matter for future encounters. You are allowed to withdraw your consent at any point in time, even if you change your mind during the sexual act.
Legal Implications of Sexual Violence
If you were sexually assaulted, even if you didn’t say “no,” you may file criminal charges and a civil lawsuit. You should report your sexual assault to the police as soon as possible, which will help protect physical evidence of the incident.
Victims of sexual assault also have the right to file a personal injury claim against their perpetrator to recover compensation for medical bills from physical injuries, therapy, and mental anguish suffered as a result.
A personal injury attorney who specializes in sexual assault cases can help with the civil lawsuit. At Wagner Reese, we offer confidential guidance in a safe space where you can discuss what happened. We will explain your legal options and investigate your case to search for evidence such as DNA or drug and alcohol tests that can confirm that you were raped while intoxicated and unable to provide affirmative consent.
In addition to the person who pushed you into unwanted sexual activity, we will also hold any party liable if they enabled or failed to prevent you from suffering physical harm. Schools, employers, and other organizations may be held accountable for your sexual assault.
Civil and Criminal Cases
Criminal cases for sexual assault charge those who sexually assaulted another person with a crime. Rape and sexual assault are charged as a level 3 felony in the state of Indiana. If convicted of these charges, the people involved are sentenced to 3 to 16 years in prison and a fine up to $10,000. Aggravating factors will have the charges upgraded to a level 1 felony with harsher punishments.
By contrast, civil lawsuits for sexual assault holds perpetrators accountable in other ways. The judge and jury can award a victim money as compensation for the damage caused by their rapist. Even if the person who sexually assaulted you was issued a not guilty verdict or they were not convicted of the charges, you can still file a successful lawsuit for sexual assault with no criminal charges.
Institutional Responsibility in Providing a Safe Place
As mentioned, you can also hold institutions responsible for your sexual assault. Universities, employers, and other types of organizations have a duty to protect the safety of their members. A prime example is the University of Evansville case, where a woman was sexually assaulted by basketball coach Walter McCarty.
She sued the university for violating its Title IX protections meant to protect students from violence and gender discrimination. Multiple complaints were made to campus officials about the coach and his sexual harassment, yet these complaints were ignored. Since the university failed to take meaningful action, it was named in the lawsuit.
Signs of Abuse
When sexual assault and abuse occur, survivors may not say anything about it to anyone, which can make it hard to help. Recognizing the more subtle signs of sexual assault is the key. You should also know the signs of child sex abuse.
A person who has been the victim of sexual assault, whether they are in college or in the working world, will typically exhibit certain signs:
- Feeling sad or depressed all the time
- Constant fatigue
- Changes in sleep or eating habits
- Withdrawal from activities they usually enjoy
- Avoiding social events, academics, or letting projects at work falter
- Self-harm or suicidal ideation
- New or increased drug or alcohol use
- Avoidance of certain people, places, or situations that they didn’t avoid before
- Contracting an STD or STI
When non-consensual sex occurs between a victim and a partner they have been involved with in a relationship, the signs may include withdrawal from friends and activities they used to enjoy. They may also hint at being forced into making certain decisions, such as mentioning that their partner refuses to use contraception.
Physical injuries are also common among survivors of sexual assault who are involved in a relationship. You may notice bruises that they try to explain or excuse. Sudden weight loss could hold another clue that someone is at risk. Remember, being in a relationship is not an excuse to make someone have sex. If someone seems to be monitoring or limiting their partner’s communications with others, it is important to get them the help they need.
Know Your Rights After Being Sexually Assaulted
Were you the victim of sexual assault? You may feel helpless and hopeless, but you have rights that are protected. Non-consensual sexual activity is a crime, and whether you tell someone “no” verbally or not, you have not provided consent.
Your rights include refusing sexual contact, even if you’ve consented to it in the past. You also have the right to be protected. Survivors over the age of 18 have the right to decide whether they want to report their sexual assault to the police, but if this happens to someone under 18, the law requires it to be reported. Additional rights for victims of sexual assault include:
- Being treated with dignity, compassion, and respect
- Privacy and confidentiality
- Examination by a forensic examiner if reporting the assault to authorities
- Receive treatment for the physical effects of the assault without fees
- Participate in all decisions that are related to their care
- Receive options if you believe your rights have not been respected
What to Do If You Experienced Sexual Assault
Giving consent is required for sexual activity. Regardless of sexual orientation, you do not have to have sex with anyone you don’t want to, even if you’ve been intimate with them before. In relationships, giving consent should happen with every encounter, and giving consent once does not cover all future encounters.
Many victims in these scenarios are left uncertain and doubting themselves. If you’re afraid to go to the police, start by contacting the National Sexual Assault Hotline by phone at 800-656-HOPE or contact the organization online. Both forms of communication are completely confidential. If you decide to file a report or you want to pursue civil litigation, contact Wagner Reese for compassionate victim advocacy and legal support.
