The terms sexual abuse and rape tend to be confused, despite the remarkable differences between them. A review of the main differences between these two crimes that, unfortunately, are still present in society.
In the first place, in sexual abuse there may or may not be a penetration or introduction of objects or bodily members in the viginal or anal way, on the other hand in rape it must always be present, another distinction is the ease with which the victim is aware of the criminal act and finally the difference in the sentences imposed as punishment. In this article we will define the terms of sexual abuse and rape and present some of the main differences between them.
- We recommend you read: “Types of violence: the 8 forms of aggression towards a person”
What is rape? And sexually abuse someone?
The concepts of sexual abuse and rape can cause confusion, so we will first define each one of them to see more clearly that they cannot be used as synonyms.
Sexual abuse: what is it?
Sexual abuse is understood as an act carried out by one (or more) person who accesses the body of someone going against the sexual freedom of the victim or victims, since they do not consent to the action and therefore it is done against their will. .
The Penal Code points out lack of consent if the following situations occur: the victim is deprived of consciousness, is not aware, for example, is asleep, the person attacked suffers from a mental disorder and it is easier to take advantage of him, the victim has been drugged to annul their will, they take advantage of it in a situation of superiority, they may have consented but without full freedom or the subject is under 16 years of age.
Also note that if the victim has consented to sexual intercourse but in the course of it is forced to engage in sexual activity against her will, it can also be considered abuse. In the case of abuse, the aggressor does not carry out physical violence or intimidation against the victim, although he can use other strategies such as deceiving, coercing or threatening to achieve her objective.
In this way two types of sexual abuse can be differentiated, the basic one where there is no penetration through any orifice of the victim nor is any object or part of the body inserted vaginally or anally. The most typical behavior of this type of abuse would consist of touching of a sexual nature , characteristic of paraphilic disorder due to froteurism. On the other hand, in aggravated sexual abuse, as the specifier indicates, the behavior is more serious and there is a penetration or introduction of objects or body parts.
Rape: what is it?
In this case, rape is a type of sexual assault, classified as aggravated sexual assault, in this way penetration does occur. Contrary to basic sexual assault, penetration or introduction of objects does not appear.
Violent or intimidating penetrative sexual conduct without the victim’s consent , therefore against their will, is considered rape . Violence means that the aggressor uses physical force in order to carry out sexual behavior that the victim does not want. It is not necessary that this force be very powerful, only the necessary so that the attacked cannot resist.
In reference to intimidation, it would be linked more to the psychic part where the aggressor says something or threatens the victim, who gives in for fear of the consequences that may result if she does not. But it should be noted that this threat does not have to be explicit, that the aggressor say it, but that it can be an environmental intimidation, that is, the situation itself already poses a threat, for example if there is more than one aggressor or he has much more force than the victim.
The main differences between sexual abuse and rape
It is common that there is confusion between these two terms not only when we define them but also when assessing whether it is an abuse or a violation, since they share some common characteristics.
What is clear in both cases is that the conduct carried out by the aggressor is not consented to by the victim, and is done against the will and sexual freedom of the attacked subject, it is for this reason that the two concepts are included in the Penal Code and is punishable by imprisonment. So, let’s see the main differences between these two terms, to have a clearer definition.
1. Use of physical violence or intimidation
As we have already mentioned in the definitions, one of the main differences before the law that exists between sexual abuse and rape is the violence of the act, that is, at this point we will look at whether the aggressor has carried out violent or intimidating behavior with the purpose of to reach your goal.
In the case of rape, the conduct carried out will be violent or intimidating , for example it may consist of hitting, kicking or holding the victim with force so that they cannot move. On the other hand, in sexual abuse, despite the fact that the sexual behaviors carried out may be similar, the aggressor has not executed a violent or intimidating behavior.
2. Realization or not of penetration
Rape is a specifier of sexual assault , specifically it refers, and is colloquially known, to aggravated sexual assault, which is defined as a sexual act with violence where there has been penetration or introduction of objects or parts of the body either anal or vaginal, that is, there is carnal access.
In contrast, sexual abuse refers to a broader category that will be divided into two types, as we said, the basic or the aggravating, therefore it will not be necessary to give penetration to consider that sexual abuse has been carried out, although in In the case of the aggravated specifier, penetration will appear.
3. The victim’s awareness of the seriousness of the act
Given the implication of violence and penetration, in almost all situations of rape, the victim will be aware that she has been sexually assaulted and that it is therefore considered a crime and must be reported. On the other hand, in the case of sexual abuse, it may not be so clear on the part of the abused whether there has been sexual abuse or not and he may not be aware that she has just been the victim of a criminal act punishable by law. It is for this reason that, on occasion, the abused subject perceives it less seriously than it really implies and does not communicate it to other people, much less report it.
In a typical example of a situation of sexual abuse where the victim is not aware of the seriousness, it occurs when it is exercised on minors, since the aggressor takes care of making the lesser think that it is something good and special that they both have, without let the child know the seriousness of the situation.
4. Prison sentences
The number of years with which the Criminal Code punishes each non-consensual sexual act varies and does not only do so depending on whether it is considered an abuse or rape, but also takes into account how the act has been, that is, if there has been penetration , if it has been carried out by two or more people, if there is a relation of superiority or if the victim is more vulnerable.
Thus, taking into account the above characteristics, the law punishes basic sexual abuse, that is, the one that does not give carnal access, there is no penetration or introduction of objects vaginally or anal, with between 1 to 3 years in prison or penalty of fine from 18 to 24 months.
On the other hand, if the sexual abuse is aggravated, this means that if there is vaginal, anal or oral access, the prison sentence increases to between 4 and 10 years , being closer to the upper limit when the victim is a vulnerable person, for example. a child or with a mental disorder or when there is a relationship of superiority.
In reference to rape, as we have pointed out before, it is a specifier of sexual aggression, specifically the one considered aggravated, which means that in the act there has been a penetration or an introduction of bodily members or objects. In this way , it will be punished with prison sentences of between 6 and 12 years . In case the violation is degrading, this would mean that it has been carried out by more than two people, weapons have been used or the situation is dangerous, the victim is vulnerable or there is a relationship of superiority, the penalty can be increased and it will then be between 12 to 15 years.
Thus, in the degree of criminal severity, from less serious to more serious, the one that entails the least penalty is basic sexual abuse or without penetration, then it would be aggravated sexual abuse or with penetration, followed by basic sexual assault or without penetration (which in this case the penalty will be between 1 to 5 years) and finally the one that is considered more serious is aggravated sexual assault also known as rape.
To the classic question “what do you do?” I always answer “basically I am a psychologist”. In fact, my academic training has revolved around the psychology of development, education and community, a field of study influenced my volunteer activities, as well as my first work experiences in personal services.