Wellington Rape Crisis Definition of Rape

The Wellington Rape Crisis definition of rape and sexual abuse is very broad and more inclusive than the legal definition. Though we are called a Rape Crisis Centre we are available to provide support to those who have experienced any form of rape or sexual abuse. Our definition of Rape and Sexual Abuse includes any form of unwanted physical, verbal, or visual sexual contact.

 

The Legal Definition of Rape

Under the law, sexual violation in New Zealand is rape or unlawful sexual connection.

Rape is the penetration of the vagina by the penis without consent. This is the case whether people are married or not. It is rape unless the prosecution can prove that the rapist had reason to think that the survivor consented.

Unlawful sexual connection is sex that occurred without consent. Sex includes penetration of the vagina or the anus by any part of the body (such as fingers) or any object. Sex includes oral sex – the mouth or tongue on male or female genitals.

Consent must be freely given. You do not have to protest or offer physical resistance.  It’s not consent if:
You agree because you or someone you care about is threatened.
You are forced, or afraid you will be forced or threatened.
You are mistaken about the person’s identity (for example, you thought they were somebody else), or the nature of the act (for example, you thought you were consenting to a medical examination, not sex).
You were asleep, unconscious or so affected by alcohol or another drug that your capacity to give or refuse consent is impacted.
You have an intellectual, mental, or physical condition or impairment which makes consent impossible.