Sexual violence is a broad category of actions in which a person exerts their power and control over another person through unwanted or harmful sexual actions. it encompasses a range of behaviours including unwanted touching, cyber flashing, taking intimate videos or pictures without consent, sexual harassment, sexual coercion, sexual assault and rape. Sexual violence can be perpetrated by a stranger, however is most often perpetrated by someone we know and even trust, like a friend, colleague, family member, partner or ex-partner. If you have been subjected to sexual violence it is not your fault, you do not deserve it and it is never justified.
Consent and the Law
According to the Sexual Offences (Scotland) Act 2009, rape is legally defined as the non-consensual penetration of the vagina, anus, or mouth by the penis. Sexual assault, according to the same legislation, is defined as any non-consensual sexual touching. This can occur directly, through clothing or a bedsheet, using a body part, or involving an object. Additionally, sexual assault might encompass other non-consensual acts such as ejaculating, urinating, or spitting on a person. Sexual assault and other forms of sexual violence can be equally as traumatic and distressing as rape.
Consent means a person is agreeing to participate in sexual activities, in Scotland this is known as 'free agreement. It must be a voluntary and uncoerced agreement that is given willingly. A person cannot give consent if they are incapacitated in any way, such as under the influence of alcohol or drugs, unaware of the situation, or asleep. Consent to one type of sexual activity, like kissing, does not necessarily extend to all forms of sexual engagement. Consenting to an activity on one occasion does not imply ongoing consent in the future. Individuals have the right to change their mind and consent can be withdrawn at any point in time.
Intimate Image Abuse
Intimate image abuse, commonly known as "revenge porn" or "non-consensual pornography," refers to the distribution or sharing of intimate or sexually explicit images or videos of an individual without their consent. This often involves the sharing of such material online, either through social media, websites, or other digital platforms, with the intent to harm, embarrass, or harass the person depicted.
Victims of image-based sexual abuse may have originally shared the images consensually with a partner, or the images may have been taken without their knowledge. Perpetrators use these images as a form of revenge, coercion, or to exert control over the victim.
The Abusive Behaviour and Sexual Harm (Scotland) Act of 2016 criminalises the non-consensual sharing of intimate images, videos, or content. This legislation refers to privately received images or videos being shared with another person or multiple people without the sender's consent. This includes uploading such material to websites or social media platforms, as well as making threats to do so.
Support
If you have experienced, or think you may have experienced, sexual violence you may find it helpful to talk to someone about your experience or how it is affecting you. You may not feel ready to do this right away but you can access support no matter what length of time has passed. You can contact Rape Crisis Grampian on 01224 590932 or Rape Crisis Scotland operate a helpline everyday between 5pm and midnight which can be reached on 08088 010302. The Revenge Porn Helpline are a UK-wide service supporting people who are experiencing intimate image abuse, including assistance with having content removed.