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1.  What is sexual assault or rape

Sexual assault is most commonly thought of as forcible rape, but that is just one type of such an assault.

Sexual assault in most states include any type of unwanted physical contact with any sexual organs. In many states, it goes beyond just physical contact to include aggresive sexually suggestive statements. Physical contact is unwanted if the person did not legally consent to such contact. Saying “No!” clearly demonstrates a lack of consent. However, someone doesn’t necessarily have to say “No!” nor physically object to demonstrate this lack of consent. While it does vary from state-to-state, in many states, if the person is intoxicated, he/she is incapable of giving legal consent to such contact.

2. I was drunk and I don’t know what happened..

Drug facilitated sexual assault is increasingly common.  Section 261 a(3) of the California penal code state the following.

(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

If a person is intoxicated or appears to be they cannot consent.

3.   What is DNA

4.   If I can’t remember if I had sex can you tell me

Sexual assault examiners will do an exam based on the nature of your assault.  The examiner may not be able to tell you whether or not you have been assaulted. The misunderstanding is that rape or sexual assault always results in some injury. This is just not true. You do not have to have injury to have been assaulted or raped.  On the hand just because you have no injury does not mean you should not seek immediate medical care.  The examiner can collect evidentiary swabs for later evaluation to determine if there is DNA present.  This DNA can be used to prosecute an alleged assailant if the assailant is known. On the other if there is no identified assailant the DNA will be entered in the national DNA database for future reference. Most assailants are repeat offenders.

5.  He’s my husband

It does not matter if you are married to the assailant. Husbands cannot force their spouses to perform unwanted sexual act.  No matter what.

6.  A man cannot be sexually assaulted

Men can and do suffer sexual violence.  Men frequently choose to not report due to embarrassment.  Sexual assault can be any form of unwanted touching, groping, kissing, or penetration of the anus with any object.

7.   I  was assaulted five days ago can you still do a rape kit?

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