The existence of sexual abuse and assault is unfortunately a reality even today. It is not uncommon for us to hear about it in the news or read about it in a newspaper.

When we talk about these phenomena, we often use terms such as sexual abuse or rape interchangeably, using them as synonyms. In this article we will see what are the main differences between rape and sexual abuse .

Rape and sexual abuse: conceptualizing

Both rape and sexual abuse are sexual crimes that are criminalized and punishable by law , which can cause their victims great harm and physical and psychological sequelae, either temporary or permanent.

In both cases, sexual and aggressive behaviours are observed that are carried out without the consent of one of the parties. The psychological effects of experiencing these types of acts are far-reaching over time.

This occurs in both cases, and can generate feelings of defenselessness (the victim has been attacked or someone he trusted has taken advantage of them), decreased self-esteem and can even generate disorders such as post-traumatic stress, personality changes, distrust and suspicion of others, alterations in emotional bonding and sexuality, anxiety or depression or suicide attempts, among others.

While rape could be considered a type of sexual abuse, and is often identified as such, there are differences. In fact, it is usually not identified as such but rather as sexual assault. To see the differences more clearly, it is first necessary to define each of the terms.

Rape

Rape is understood as the performance of sexual intercourse or act carried out by means of force or intimidation , without the consent of one of the parties involved or without the means to be able to consent (for example, because of having been given drugs or being in an altered state of conscience).

In addition, the concept of rape implies the existence of penetration , which can be vaginal, anal or oral. In the first two, it is not necessary for the aggressor to use the genitals, and it is also rape when penetrating with other parts of the body or even objects.

Rape usually occurs through the use of violence, being an act of sexual assault in which physical contact occurs . The objective of the attacker may be multiple, not necessarily to obtain sexual gratification. In fact, often the aggressor seeks to satisfy his need for power independently, using sex as an element of domination of the victim.

Sexual abuse

Sexual abuse refers to any act carried out by one or more persons and which involves the limitation of the sexual freedom of one or more other persons without their consent or ability to consent. As an abuse that is, it requires the attacking party to make use of some characteristic, power or situation that puts its victim at a disadvantage. Physical violence is not used (in which case we would be dealing with a sexual assault), but the abuser uses manipulation, deception, surprise or even coercion to achieve his objectives.

There are many acts that involve sexual abuse: touching, masturbation, harassment, forcing someone to observe sexual activities or forcing the victim to show her body using a position of superiority are examples of this. The most typical is touching. Some paraphilias such as rubbing or exhibitionism could be considered as such.

Also included as sexual abuse is the fact of carrying out forced activities or against the will of the affected party even if he has agreed to have sex voluntarily. For example, stealthing would be classified and punished as sexual abuse.

Main differences between rape and sexual abuse

Although related, sexual abuse and rape do not imply the same thing, there are some key differences between them. Some of these are highlighted below.

1. Use of physical violence

The main difference that distinguishes both concepts is the presence or absence of physical violence and intimidation , understanding physical violence as actions aimed at preventing the movements of the other person or at causing pain and injuries.

In sexual abuse , force or physical violence is not necessarily used to subdue the abused person (although it may appear in some cases). For example, persuasion or ignorance of what is happening can be used (this is what happens in many cases of sexual abuse of children or of people with disabilities).

However, in the case of rape, as a sexual assault, which is, usually the use of force, intimidation or the use of substances that put the victim in a situation of vulnerability by not being able to consent or refuse or that diminish her state of consciousness.

2. Existence of forced penetration

In addition to whether or not violence appears, one of the main characteristics of rape is that it necessarily involves forced or induced penetration or carnal access (whether with body parts or objects) against the will of the victim .

In sexual abuse, however, penetration is not necessary. As we have already said, it is considered as such any act that restricts the sexual freedom by means other than physical violence, not being necessary for this to exist a physical contact between both subjects or that if it happens it is carried out with the intention of consummating the sexual act.

However, it must be taken into account that sexual relations can be maintained and that they are considered abuse if what is involved is not violence but the manipulation or exploitation of superiority , as in rape (in this case it is still considered abuse even if the victim is conscious).

3. Perception of the facts

Another clear difference is in the victims’ perception of the facts. The victim of rape is almost always aware of what is happening and that she has suffered an assault from the very moment it occurs (unless we are talking about a case in which consciousness-altering substances have been used). Although in many cases they do not do it out of fear or other circumstances, they are usually aware that they have been victims of a crime and that they should report it or explain it to someone.

However, while in many cases of sexual abuse the victim is aware of being abused, in many others it may not be.

It is also possible that one does not live initially as something adverse, not knowing what it implies or the seriousness of the facts. This is exactly what happens in some cases of child sexual abuse where initially the child may believe that it is a secret game between the abuser and him, not being aware of what really happened until much later.

4. Penalties imposed

Both types of crimes are serious and punishable by law, but we generally find that acts of sexual assault are more punishable than those of abuse . For example, rape is punishable by between six and twelve years of imprisonment (extendable if certain aggravating circumstances exist).

In the case of sexual abuse the penalty to be applied will vary greatly according to the type of act performed. In the case of a sexual act or some type of penetration, the penalties will range from four to ten years.

Violence through domination and sex

It should be noted that both rape and sexual abuse can be understood as the result of serious behavioural and social adjustment problems, which relate these actions to paraphilia. Attackers are people who express their violent impulses and their search for domination over others through violence and manipulation.

However, that does not mean that their causes are neurological : many times, these disorders appear as a consequence of a poor socialization process.