Address
Level 4, 84 Willis Street,
Wellington
PO Box 11-731
Manners Street
Wellington
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 is defined as:
a) rape or
b) unlawful sexual connection.
Rape is defined as penetration of the vagina by the penis without consent. This is the case even if the two people are married. The prosecution must prove that the rapist had no reason to think you consented.
Unlawful Sexual Connection is sex that occurred without consent. Sex includes penetration of the vagina or anus by any part of the body, e.g. fingers, or by any object, or oral sex (mouth or tongue on female or male genitals). The legal definition also means that consent must be true consent. It is not consent if you agree because you or some other person you care about is threatened. Also according to the law it is not consent if the victim was mistaken about the person's identity e.g. if they were tricked into thinking he was someone else, or the nature of the act e.g. you consented only to a medical examination, not to sex.
The full definition of sexual violation is outlined in section 128 of the Crimes Act 1961. Further information about legal issues can be provided by Rape Crisis or be found in the "Rape Survivor Legal Guide" printed by the Wellington Community Law centre.