Key Takeaways
Rape is an emotionally charged word that is known more broadly under the law as a form of sexual assault. Understanding sexual assault, consent, and sexual violence can help you to determine if you were raped.
Commonly, in teen sexual assault lawsuits, minors do not realize that unwanted sexual contact or sexual acts are rape. There are many misconceptions in the media as well, making it hard for teens and adults alike to understand whether they were raped or not. Wagner Reese is a law firm committed to helping victims seek justice through compensation for the physical harm and trauma endured from these unwanted sexual acts. In this blog post, we explain what rape is and how you can get the help you need.
Was I Raped? Legal Definition of Rape and Its Significance
Different states have variances in legal definitions for rape or sexual assault. For Indiana, rape is defined under Indiana Code § 35-42-4-1 as having knowing and intentional sexual intercourse or penetration, including oral sex, with someone in a forced way or by making a threat of force. This sexual assault is also defined as having sexual contact without the victim knowing it is taking place, against the victim’s will, or in cases where a victim is mentally disabled or incapacitated and unable to provide consent.
On the criminal side, sexual assault as rape is a level 3 felony in criminal courts. Perpetrators may receive 3 to 16 years in prison and fines up to $10,000. The charges can be upgraded to a level 1 felony if deadly force is used or threatened to be used, if the perpetrator has a deadly weapon in their possession, if the penetration results in serious bodily injury, or if a drug was used to carry out this sexual contact.
Sexual assault of a minor has even steeper punishments under Indiana Code § 35-42-4-9 for minors 16 and over. Indiana Code § 35-42-4-3 refers to sexual assault or sexual contact with a child under the age of 14. In short, regardless of the defining code under state law, the significance is that these acts did not involve consent and/or involved a minor child incapable of providing consent.
Regardless of the victim’s age, not providing clear consent for sexual activity is sexual assault or rape.
What Constitutes Sexual Assault and Sexual Violence?
Sexual violence is a broad term that encompasses sexual assault. It is any physical sexual act with another person who does not provide consent or is unable to consent. Sexual assault is included in sexual violence, along with rape, domestic violence, stalking, and acquaintance rape, more commonly known as date rape.
The violence factor is due to making threats of force or using physical force, emotional coercion, or intimidation. However, those who are sexually assaulted aren’t always made to do so at gunpoint. Often, they voice their objections, which go ignored, or they are rendered incapacitated due to drugs or alcohol while the perpetrator takes advantage of them.
Different Scenarios and Common Misconceptions About Being Sexually Assaulted
What does sexual assault or rape look like? It happens in numerous ways, such as a random attack while walking through a dark parking lot late at night. However, one of the most common scenarios of sexual assault is being raped by someone the victim knows.
Acquaintance rape or date rape involves being sexually assaulted by a person that you might be close friends with or even dating. Telling someone “no” means that you are not consenting to the sexual activity, whether it is kissing or penetration with a sex organ. This is not an exhaustive list, though every person should know that if they have been violated, they are not at fault.
Several misconceptions abound about sexual assault, which can confuse victims or make them feel ashamed when they’ve done nothing wrong. One of the most common is that women who get raped after drinking or doing drugs deserve it, or that they were dressed too provocatively.
The bottom line is that anyone – women or men – can be a victim of sexual assault. If you say “no” or do not provide consent to these actions, especially if you are unconscious, it is sexual assault.
Emotional and Psychological Impact of Questioning One’s Experiences
One of the signs of sexual assault is questioning whether rape occurred or if one’s behavior led to the sexual assault. It’s easy for a survivor to feel confused, but no matter what, you should not blame yourself for what happened.
The emotional and psychological toll this forced sexual assault can take on you may upend your livelihood. You may be fearful, suffer from flashbacks, and be unable to concentrate at work or school. Those who experience acquaintance rape or are assaulted by a family member often feel the most confusion. If you or someone you love has experienced any form of sexual assault, report it to the police, talk to rape counselors, and make sure you speak with an attorney who can protect your legal rights and lead you through the legal process.
Watch for the Signs of Rape or Sexual Abuse
Some sexual assaults cause painful injuries, some of which are internal. If you suspect you were raped, you may notice bruising, bleeding from your sexual organs, broken bones, soreness, or have difficulty walking. You may not remember the assault, but if you feel any pain and find that your clothes are torn or stained with blood, you may want to get a rape kit at a hospital or emergency room.
Sometimes, there are no physical signs of abuse. You may experience signs of depression, have severe mood swings, lose your appetite, struggle to sleep, or feel withdrawn. Some survivors turn to drugs and alcohol to mask their feelings, while others pull away from their loved ones.
Often, there are many emotions experienced and each survivor goes through them differently. Many blame themselves, and if you are going through this, you should know that this is not your fault, especially if you were of sound mind when you said “no” to the sex act.
Signs You Were Drugged Before a Rape
Not all victims are drugged, but some of them are, particularly by a person they trusted. If you have been drugged, you might begin feeling light-headed and a little off. For example, if you can normally have one drink and don’t get drunk but feel like you’ve had three or more drinks after just having one, you might be drugged. Losing your balance, having vision problems, and struggling to walk are other common signs of being drugged.
Legal Avenues Available for Those Who Have Been Raped or Suffered Sexual Abuse
Whether you reported the assault right away or you were afraid to come forward, there are legal options available. If the incident happened recently, make sure you file a police report and get a medical exam and a rape kit at a hospital. Don’t change clothes before you do this, as there may be evidence that can identify your attacker. The evidence collected can help your case.
You should also know that whether you were forced or someone you knew used manipulation, it was wrong, and you can fight back in a civil lawsuit. The criminal justice system will prosecute your attacker. Your trauma, medical expenses, and physical injuries can all be compensated for in a lawsuit against your perpetrator and any other negligent third parties.
How Wagner Reese Can Help You with Legal Action
Whether a night with friends turned into something uncomfortable or you were attacked by a stranger and are scared for your life, Wagner Reese is here to provide full support to you. We recognize the difficulties that survivors go through after enduring this trauma and will help them navigate their way through the legal process.
Our lawyers are known for their compassionate representation in these types of matters and serve as a beacon of hope. We don’t just fight on your behalf – we help you get the help you need to cope and move forward. We also take the evidence and use it to hold your perpetrator accountable for their vile behavior. Our goal is to make an example out of this horrific behavior and prevent it from happening to others while getting you the money you deserve to cover the expenses from your injuries and emotional anguish.
Resources and Support Systems Available for Survivors
If you have been raped, you will go through many emotions. Many victims report feeling alone, but there is help available. Whether it has happened to you or someone you know, these resources can help:
National Sexual Assault Hotline
This hotline has been open since 1994, and calling this toll-free number automatically connects you to a local sexual assault service provider who can provide confidential help and advice. The number is 1-800-656-HOPE(4673).
Incest National Network
The Incest National Network is run by RAINN, and can provide you with more information and resources if you have been assaulted by a family member.
