Rape/Sexual Assault
- Police/Court procedure/ISVA service
What is Sexual Violence
Savana considers sexual violence (Rape or Sexual Assault) to be any sexual behaviour which has a damaging physical or psychological effect upon a person.
The following are the legal definitions according to the Sexual Offences Act 2003 :
- A intentionally penetrates the vagina, anus or mouth of another person (B) with his penis
- B does not consent to the penetration, and
- A does not reasonably believe that B consents
Penetration of the mouth is included.
Rape is still a crime of basic intent, and drunkenness is no defence.
Rape is indictable only and carries a maximum penalty of life imprisonment.
ASSAULT BY PENETRATION & SEXUAL ASSAULT
The previous offence of indecent assault under the Sexual Offences Act 1956 covered a very wide range of offending behaviour, which the 2003 Act breaks down into two clearly defined offences of assault by penetration and the lesser offence of sexual assault.
The elements of assault by penetration are:
- A person (A) intentionally penetrates the vagina or anus of another person (B) with a part of their body or anything else
- The penetration is sexual
- (B) does not consent to the penetration, and
- (A) does not reasonably believe that B consents.
The meaning of sexual, consent, reasonable belief and the evidential and conclusive presumptions all apply to this offence.
- There has to be penetration of the vagina or anus but not the mouth.
- Penetration is of any part of A's body (e.g. finger, tongue, toe) or by anything else (e.g. bottle).
- Offence can be committed by either gender
- This offence should be charged where there is insufficient evidence to charge rape, for example, if the victim is unsure if penetration was by a penis or something else.
The offence is indictable only with maximum penalty of life imprisonment
Sexual Assault:
- A person (A) intentionally touches another person (B)
- The touching is sexual
- B does not consent to the touching, and
- A does not reasonably believe that B consents.
- The meaning of sexual, consent, reasonable belief and evidential and conclusive presumptions apply to this offence.
- Touching is widely defined and includes with any part of the body, or with anything else, and can be through clothing.
- Touching includes touching amounting to penetration e.g. kissing. Where there is sufficient evidence, penile penetration of the vagina, anus or mouth should be charged as rape and penetration of the vagina or anus with any part of a person's body or other object should be charged as assault by penetration.
- Either gender can commit the offence.
The offence is either way with the statutory maximum penalty in the Magistrates' court or 10 years imprisonment in the Crown Court.
Where the offender is under 18, the offence comes within section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (Schedule 6 of the 2003 Act).
For further information see www.cps.gov.uk
Effects of Sexual Violence
There are no typical reactions or effects of rape and sexual abuse but some of the problems that people experience include:
- Shame and guilt (note: sexual violence is never the victim/survivors fault)
- Depression and mental ill health
- Physical illness
- Missed education/employment opportunities
- Difficulty with parenting or other relationships
- Problems with sex and intimacy
- Physical and emotional self harm
- Low self esteem
- Misuse of drugs (including prescription drugs) and/or alcohol
- Problems around food and eating
Emotional Reactions to Rape/Sexual Assault
Reactions to assault vary very much with different people and different experiences. The changing reactions listed will not be true of all people- there is no "typical" reaction, though some reactions are common to many. An assaulted person has no time to prepare themself for the impact of assault, or to control it while it is happening.
1. During the assault
People respond very differently, most often feeling shock, fear or panic. They are often frightened of being killed. Some appear "cool and collected", while others feel terrified and unable to do anything. Most are stunned and bewildered. Immediate reactions also vary. Many appear calm and collected, though they are often aware that "this will hit me later". Others are shocked, and find the whole thing difficult to believe.
People resist assault in many ways by argument, struggle, or other behaviour. Sometimes they submit, either out of fear, or in an effort to deceive the rapist and get an opportunity to escape. This does not mean the same as consent.
2. Just after the assault (first few days or weeks)
The reactions of the person will be affected by the reactions of others, such as the police, friends, family and doctors. they will often feel worse for longer if they are disbelieved or blamed. Some ways people react are:
- They may continue to be frightened, of the rapist or others, and may feel very aware that they could have been severely injured or murdered.
- They may feel ashamed or guilty- this is very common. People often blame themselves for getting into the situation in which they were raped, and see the rape and "punishment". People around them may reinforce this, intentionally other otherwise.
- Many feel dirty and degraded.
- People are frequently too ashamed or embarrassed to tell anyone, and fear what other people's reactions may be.
- Many feel angry, and may want revenge. This may follow feeling of guilt. Sometimes they vent their anger on other people close to them.
- Some don't feel able to live normally; they may feel unable to go out, or to go to work, or to do work in the house. They often want other people around and fear being alone.
- Some women feel easily tired, or get tension headaches or other pain and discomfort.
- Some often have trouble sleeping- either they cannot get to sleep, or they wake in terror, or have nightmares. Sometimes they sleep more.
- Some may find they eats more, or don't want to eat. they may feel sick or vomit.
- Many don't want sex, or even to be touched. Often they are very tense, even at the thought of it.
3. After a while
Feelings of distress often last a long time. Many appear to have "returned to normal" long before they have worked through their feelings about an attack. A person's ability to cope varies with their personality and the amount of support they get.
- People may go back to their previous life but not cope as well. They may find it difficult either to tell people what has happened or to hide it. They may changer their habits e.g. move work, change friends etc.
- Some are sometimes are afraid to go out at all, or of staying at home alone. Others move away from their area or town.
- They may continue to have trouble sleeping or have nightmares
- Some try to protect themselves against the fear of it happening again in different ways. Some feel the rapist was ‘sick' in some way. Others blame themselves for some action which they see as leading to the rape. Sometimes other people around them do this too because they too have to cope with their own fears of rape.
- Many try not to think about it at all.
- People often fear or dislike sexual or emotional contact with men for a long time. Some women may fear or hate all men.
- Many want to talk through their feelings- anger often develops from this. Some are angry with themselves.
4. Long term reactions
It is not possible to say how long it takes to "recover" from assault. It seems true that people work through their feelings quicker if they have sympathetic support. Some feel they have worked our and accepted their feelings in a few weeks- others take months or years. This depends on the person, what support they have, what problems they already have etc.
- Some people become very depressed; they may attempt suicide, or become dependant on drugs or alcohol. Some feel their stress as persistent physical problems e.g. pain.
- The person may continue to fear or dislike any sexual or emotional contact. This is worse if any partner is not sensitive or sympathetic.
- Some are afraid to go our or be alone, and this severely restricts their lives.
- People may lose their self respect or confidence,
- Many feel they have coped very well, and are able to live and react normally. Occasionally though, something may bring back the memories and distress.
5. If a person is assaulted by someone they know and trust, they are likely to feel deeply hurt and unable to trust other people as well. This is especially true of those who have suffered sexual abuse by someone in their family. They may be even more afraid of it happening again, and can feel even less in control, and that no one can be trusted. They are likely to blame themself more, especially if they have been close or had sex with them.
6. If the assault is the first sexual experience , they may feel that sex is inseparable from violence and humiliation (This may happen for those with sexual experience too). If the person is young, it can make it difficult for them to feel able to cope with becoming an independent adult.
7. A victim/survivor who already has a partner has to decide whether to tell them. Some partners are supportive but others withdraw from or blame the victim/survivor. Some partners can be angry (with the victim/survivor or the rapist or jealous. If they do not tell their partner, the victim/survivor often blames themselves, and of course has less support, fears of pregnancy (if they are female) and sexually transmitted infections are likely to be worse.
It is often difficult to know what, if anything, to tell children or parents. Apart from fear of being hurt by others' reactions, victims/survivors may feel guilty for causing other people, especially children, distress.
8. If a man has been assaulted by another man, his sexuallity may become questionable for him as a result, he may wonder if he gave off signs of being gay to encourage the assault
9. Older people may find it more embarrassing and difficult to tell anyone, and like others, feel degraded and used.
10. Most women suffer fears of pregnancy and/or sexually transmitted infections and possible consequences- some, who have felt unable to discuss it, have fears which could easily be resolved if only they had someone they could trust to ask about them.
Health Issues
People who have recently been raped or sexually assaulted may need urgent or non-urgent medical attention and should consult their GP or local hospital as appropriate.
If you are under 18
Savana can still help, contact us for information
Pregnancy
If someone is concerned about pregnancy they should seek medical advice
Sexually transmitted infections
Genito-Urinary Medicine (GUM) clinics are situated at hospitals throughout the country and anyone can request an appointment at any clinic.
- You do not need a GP referral
- Appointments are confidential and will not go on your medical records unless your GP has referred you.
- Sexual health advisors are available to discuss your concerns with you.
Physical and mental well-being
Sexual violence can have an impact on physical and mental well-being. Click here to see the information on reactions to rape.
Police & Court Procedures
Independant Sexual Violence Advisor-ISVA
The ISVA service was initially funded as a pilot scheme for six months by the Home Office and was intended to support any victim of this type of crime to assist in the legal system. Since this the funding has been extended.
As ISVA’s we provide advocacy, information, emotional & practical support to survivors of sexual violence.
We can make links with many agencies, organisations and services within the area to assist the client and thier choices.
We have two ISVA’s in North Staffordshire based at Savana. If you would like to make a referral or require any further information please contact us.
ISVA’s are available to work with male & female victims:
- From the point of crisis (eg within emergency services following an attack).
- To provide emotional, factual & practical support
- To support the victim throughout the legal process and beyond if the victim wishes to report the incident to the police
- Help clients access their rights and other services they require. 
*The ISVA service can be accessed with or without the counselling service at Savana*
*You do not have to have reported the incident to the Police, and the ISVA will not encourage you to do so*
Please click here to view this information on the national Rape Crisis website (and use the Back button on your browser to return to this site)
You have experienced sexual violence
Please see section on What to do if you have been raped
Partner/Friend has experienced sexual violence
This information has been produced to guide and help you, the supporter of a survivor of rape or sexual violence. It does not claim to have all the answers, but it can provide a basis for your own way of supporting someone.
Rape and sexual violence happen more often than the police or media reports indicate.
Both abusers and victims can be male or female and are often someone the victim knows. An abuser often uses physical and psychological violence. They may do humiliating and degrading things to their victim. Most of us are shielded from knowing what rape or sexual abuse is really about until it happens to us or to someone we know.
Each person is an individual and therefore will react differently to a trauma and will need different kinds of support. It is likely that you too will have strong feelings about rape and sexual violence. You may have feelings of outrage and anger; you may feel shocked or embarrassed. Such reactions are perfectly natural and it is important that you also find someone to support you and listen to your feelings. A specialist support service, such as Savana may be able to offer you support or provide information about where you can get support.
Listening
Listening is a way of helping someone through a crisis. Let them know you are there if they need to talk. Don't offer advice - just listen and follow their lead. Let them express emotions and feelings - whatever they are. Be prepared to hear shocking and upsetting details. They may be angry, distressed, frightened or even dismissive. Let them show how they are feeling, allow them to cry, to shout or be quiet. Do not say ‘don't cry' or ‘try and forget it' - you are asking the impossible.
Belief and Blame
It is very important that you show them that you believe their story and accept what they are saying. This belief and acceptance will allow them to begin to come to terms with what has happened. Survivors react differently to rape - it is best to try and lose any ideas of how someone should react in this situation and just accept any reaction as normal. Never blame them for what has happened or agree with any self-blame the victim may express. There are many myths around rape - a victim may feel it wouldn't have happened if they hadn't dressed that way, accepted a lift home, gone to that particular pub etc. They are not at fault; it is the attacker who did this. Help them keep the blame where it belongs - with the attacker.
Control
Give them back control. During the attack someone took away control - they need to feel they have control over their life again. You can help by letting them make the decisions - if appropriate, help them see the choices they have but let them make the final decision. Don't force them to do anything they don't want to do.
Support
Try and support the decisions they make, but be clear about what you can or cannot do to help. Be realistic and don't make promises you cannot keep. Only take on what you are able to and be consistent. If you can't help - see if there is someone else who can.
Again specialist agencies can help. Savana will be able to offer practical support with the police, courts, and doctors for women victims and be able to suggest sources of support for men who have been attacked.
And support yourself too - you are faced with a difficult and often upsetting experience, whether supporting a partner, friend, colleague, or through a disclosure that happens as a result of your work. Find ways of getting support for yourself - perhaps through counselling or taking time out.
And Finally
When something terrible has happened to someone you know, it can be hard to feel you can really offer them any help. Nothing can change the fact they have been raped or sexually abused and there are no easy ways to help them recover from the experience. No matter how much you feel you are being of little use, the fact you are listening, believing and not judging them will help. If you need support in supporting someone, Savana can help.
Info for Professionals
Savana is a local registered charity which offers specialist services.
Our clients have experienced:
- recent rape
- sexual assault
- indecent assault
- sexual harassment or stalking
- childhood sexual abuse
- domestic violence/abuse
- ritual Abuse
- 'honour' crimes
- forced marriage
- trafficking
Some are still experiencing the effects of sexual violence that occurred many years ago
Some experience a lifetime of sexual violence
Services for clients
- Information
- Counselling - face to face and gender specific
- Independent Sexual Violence Advisor - who will support clients to access appropriate agencies including the police and criminal justice process.
Organisations
Training
Awareness raising talks
Support to work with those who have disclosed sexual violence
Professional standards
Savana is an affiliated member of Rape Crisis England and Wales. It is a member of the BACP, the counselling service is accredited and abides by the BACP ethical framework for good practice. It has achieved the Investors in People standard in 2002, this was renewed in 2005 and 2009.
The service structure:
- Board of Trustees - professionals from voluntary, statutory and private sectors with experience in health, research and business
- Staff - Chief Officer, Services Manager (Counselling and ISVA services) and Administrative Officers.
- Volunteer Counsellors
- trained to a minimum of Certificate in Counselling
- 8 day training course on the issues of sexual violence
- monthly counselling supervision
- mentoring
- ongoing training and support
- Volunteer Administrators
Contact
Telephone: 01782 221000 (for clients)
01782 221005 (business line)
Email: info[at]savana.org.uk
(Note: Please replace the text '[at]' with the symbol '@' before sending the email)
Referrals
Self referrals - clients may contact the client line - there is a 24 hour answerphone . We will usually return calls within 24 hours Monday to Friday.
Organisation referrals - please use the business line - you will need the client's permission to give us their contact details.