Is it sexual assault if...*
I didn't resist physically?
I was drunk or he was drunk?
I am dating or used to date the person who assaulted me?
I don't remember the assault?
I was asleep or unconscious when it happened?
I thought "no" but didn't say it?
I didn't resist physically? People respond to an assault in different ways. Just because you didn’t resist physically doesn’t mean it wasn’t sexual assault — in fact, many victims make the good judgment that physical resistance would cause the attacker to become more violent.
- I was drunk or he was drunk? Alcohol and drugs are not an excuse – or an alibi. The key question is: did you consent or not? Regardless of whether you were drunk or sober, if the act was nonconsensual, it is sexual assault. If you were so drunk or drugged that you passed out and were unable to consent, it was sexual assault. Both people must be conscious and willing participants.
- I am dating or used to date the person who assaulted me? It does not matter whether the other person is an intimate partner or an ex-partner, and it doesn’t matter if you’ve had sex in the past. If it is nonconsensual this time, it is sexual assault.
- I don't remember the assault? Just because you don’t remember being assaulted doesn’t necessarily mean it didn’t happen and that it wasn’t sexual assault. Memory loss can result from the ingestion of “rape drugs” and from excessive alcohol consumption. If you have reason to believe that sexual activity occurred without your consent, contact a member of the SART.
- I was asleep or unconscious when it happened? If you were asleep or unconscious, then you didn’t give consent. And if you didn’t give consent, then it was sexual assault.