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SEXUAL VIOLENCE

 Sexual violence (or sexual abuse) is any unwanted sexual act, sexual advance or comment, as well as other interactions of a sexual nature committed by one person against another, and in opposition to the other person’s will.

Sexual violence may be committed by different people:

  • by strangers;
  • by someone you know ( classmate, neighbour, etc.);
  • by someone close (family member; friend; boyfriend/girlfriend; past boyfriend/past girlfriend);
  • by an adult against a child or teenager;
  • between adults;
  • between young people;
  • by a male or female.


Sexual violence may take place in different contexts:

  • at home;
  • at school;
  • at the street;
  • at the internet;

May also take place in different relationships:

  • intimate relationships:family relationships; dating relationships; friendships, for example;
  • casual relationships (e.g. one night stand);
  • formal relationships (e.g. between work colleagues).

The offender may use different strategies to commit sexual violence:

  • physical strength or violence;

  • threats and/or blackmailing, humiliating or intimidating (e.g. threatening to hurt someone close to the victim, threatening to reveal something personal about the victim);

  • taking advantage of the trust he/she has with the victim for the purpose of sexually assaulting (this is what happens in many situations of sexual violence where the victim and the offender are family members);

  • taking advantage of their greater power or authority to pressurise the victim (e.g., when a boss or supervisor uses his/her status to force their employees to practice sexual acts);

  • putting the victim in a state in which they are unable to resist what is happening (e.g. when sexual violence is committed after intoxicating the victim with alcohol or drugs).

SEXUAL VIOLENCE IS NOT JUST ABOUT FORCED SEX.
There are several acts of a sexual nature that may be seen as violence:

  • unwanted intimate touches, such as kissing, fondling or groping, including touching  private parts;

  • comments or jokes of a sexual nature that cause discomfort or fear;

  • being forced  to touch another person intimately;

  • being penetrated by penis, other body parts (e.g. fingers) or objects;

  • being forced to have sexual intercourse with another person or to practice oral sex with her/him;

  • being forced to watch or participate in movies, photographs or pornographic performances;

  • being forced into prostitution.

IF SEXUAL VIOLENCE IS COMMITTED BY AN ADULT AGAINST A CHILD OR YOUNG PERSON UNDER 16 IT DOES NOT MATTER WHETHER OR NOT THE VICTIM HAS SHOWN WILLINGNESS TO ENGAGE IN SEX.

In Scotland the age of consent is 16 – so any sexual activity between an adult and someone under 16 is a criminal offence. 

Sexual intercourse and oral sex between young people aged 13-15 are also offences, even if both partners consented.  
A range of specific offences are in place to protect children under 13, who cannot legally give their consent to any form of sexual activity.

If you are a victim of sexual assault, remember that none of what happened is your fault. Nothing  that you may have said or done justifies the fact that you were forced or tricked to get involved sexually with another person. Nobody has the right to force you to a sexual interaction against your will (not even the people you are close to have that right).

The responsibility for what happened is not yours. The only person responsible for what happened to you is the person who assaulted you.

Being a victim of sexual violence is a difficult life experience, which may bring negative consequences: e.g. harming the victim’s physical and emotional well-being and even the way the victim relates to other
people.

Sexual violence can cause negative consequences to the victim’s health:

  • injuries caused by the violence or physical strength used to consummate the act

  • injuries related to sexual violence itself (e.g. pain, bleeding, genital discharge);

  • health problems such as sexually transmitted infections (HIV, genital herpes, Chlamydia);

  • unwanted pregnancies.

Remember that sexual violence is not always physically observed. There are cases in which sexual violence is very subtle (e.g., fondling of genitals) ... leaving no damage or traces.

The consequences of sexual violence are particularly felt on an emotional level, leading to various negative emotions:

 shock (especially when violence is committed by someone you know and trusted);

 anger;

 self blame for what happened;

 feeling worthless;

  fear of it happening again;

 afraid of being alone;

  fear of the offender or that something bad will happen to him/her (especially when the victim and aggressor know one another);

 afraid of  telling someone and not being believed;

 afraid of being “damaged “or “dirty” forever.

Changes may also occur in the victim's behaviour:

  • have less appetite;
  • sleep poorly (not sleeping or nightmares about what happened);
  • become more aggressive with others and with oneself (e.g., hurting themselves on purpose);
  • have behaviours more typical of younger children (e.g., sleeping with the lights on);
  • withdrawal from friends and family;
  • poor grades;
  • less interest and motivation for studying, going to school and other activities previously enjoyed.

The consequences of these experiences may be different from person to person. There are victims who have no symptoms; others have symptoms that differ from the ones mentioned. These emotional reactions are natural; they are your body’s way of trying to deal with what happened.

However, there are some behavioral reactions which are especially serious as they may put yourself or others at risk of being
harmed (such as aggressiveness). If you realize that you are behaving in a way that might damage yourself or others, it is important to get some help.

The consequences depend on:

  • the relationship between victim and offender. When they are close (for example, they are dating), the consequences may be greater because we feel what happened to be a betrayal.

  • the behavior of the person who sexually assaults. If the offender is constantly threatening or intimidating the victim so
    that she won’t tell anyone what happened, the emotional consequences are even more severe.

  • the physical violence involved. The experiences of sexual violence involving physical violence or strength may be more traumatic.

If you are a victim of sexual violence:

  • Talk to an adult whom you trust and explain what happened. Ask him/her to go with you to a police station (if you want to report the crime). A forensic examination will be conducted by a police doctor at the police station. If you do not want to report, you can go to a hospital / GP / Genito Urinary Medicine or other Clinic. If you are at risk of being further harmed or abused, the professional will need to involve social services or the police in order to protect you.

  • It is best not to change your clothes before you go. If you need to change them put everything in a paper bag and seal it (to prevent the destruction of forensic evidence).

  • Even if you don’t have visible markings that you were a victim of violence (such as injuries and wounds), there may be traces of biological harm or risk of sexually transmitted infections that can be treated and collected as evidence.

  • You can click here for more information.

  • You can also ask for professional help. There are organisations who can give you support and advice free of charge. You don’t need to make a report to the police. See How and where can I get support? for more information.

Some strategies to keep yourself safe:

  • If the offender is someone you know avoid being with him/ her. If you must be in their presence, do it in the company of others or in public places.

  • Avoid walking alone or down streets that you do not know well.

  • Do things in the company of other people (your friends, for example).

  • Keep important telephone contacts on your mobile phone to ask for help quickly if needed.

  • If you feel that you are in danger run to a safer place or a place with more people.

  • In an emergency situation you can call 999. Tell the professional that answers your call your name, where you are and what happened. If necessary, police and emergency medical professionals will be sent.

Victim Support Scotland

  • Victim Support Scotland can help you and your family.  Victim Support Scotland offers information, support and advice to help you deal with what has happened. They also offer support if you have to attend Court to give evidence.

  • You can contact Victim Support Scotland by looking in the phonebook or searching the website for your nearest office. Or you can phone their helpline.

  • Helpline:  0845 603 9213

  • website: www.victimsupportsco.org.uk

Victims of Crime in Scotland

Rape Crisis Scotland

  • Offers initial and crisis support and information, and signposting to local services for ongoing support for anyone affected by rape or sexual violence.

  • Rape Crisis Scotland Helpline: 08088 01 03 02 (daily 6pm-12 midnight)

  • Website: www.rapecrisisscotland.org.uk

Rape and Abuse Line

  • Helpline for those who have survived rape or abuse and their families or partners.

  • Telephone: 0808 800 0123 (answered by women on most evenings from 7pm-10pm) or 0808 800 0122 (answered by men on selected evenings from 7pm-10pm) 

  • Website: www.rapeandabuseline.co.uk

Sexual Assault Referral Centre (Archway)

  • There is one Sexual Assault Referral Centre in Scotland (Archway). This is based in Glasgow and is for anyone (over 13) who has been raped or sexually assaulted in Greater Glasgow within the previous seven days. It offers various services in the one place including forensic examinations; testing for infections; support and counselling. It can also store forensic samples to give you time to decide whether or not to involve the police.

  • Phone number: 0141 211 8175

Genito Urinary Medicine ( GUM) Clinics

  • GUM clinics are part of the NHS. They offer free and confidential services for anyone, of any age, who has been raped or sexually assaulted. This includes support, testing and advice. There are clinics across Scotland.

  • Sexual Health Helpline: 0800 567 123

  • You can get details of your nearest clinic here.

Childline

  • Childline is a free and confidential 24 hour helpline for young people. Childline’s trained counsellors provide help, support and advice on a wide range of issues, including bullying, sexual abuse and domestic violence.

  • There are a number of ways you can contact Childline: by phone, email, 1-2-1 chat online. You can also take part in online discussion boards and get support from others who have been through similar experiences.  

  • Tel: 0800 11 11

  • Website: www.childline.org.uk

ANYONE WHO HAS BEEN A VICTIM OF CRIME OR WHO HAS WITNESSED A CRIME HAS THE RIGHT TO REPORT IT.
If you have been a victim of crime, it is strongly recommended that you report it to the police. Once reported, the likelihood of catching the person who committed the crime against you and stopping him/her from doing the same to others is much higher.

If you want to report a crime in confidence, without identifying yourself, it is possible to report crime anonymously. See WHERE CAN I REPORT? (below) for more information on
how you can report crime.,You can also get support and advice on reporting crime from organisations such as Victim Support Scotland.

 WHERE CAN I REPORT?

  • A crime can be reported by contacting the local police station and giving them information about what happened.

  • If you want to report a crime anonymously (without being identified) or give information about a crime, you can call Crimestoppers on 0800 555 111. The call will never be traced and the person will not be required to give information in Court or give a full statement.

  • In some areas, if a racial or homophobic crime has taken place, it is possible to report the crime without going to a police station. This is called “Remote Reporting” or “Third Party Reporting”. This type of reporting allows you to report the crime to an organisation, who in turn will report it to the police. To find out which organisations in an area offers remote reporting facilities, you can contact local police force anonymously or have a look on the police force’s website.

 WHAT IS INVOLVED IN REPORTING A CRIME?

After the crime is reported an INVESTIGATION stage starts, during which the police will seek to gather all available evidence. This might require gathering more information from any victims and witnesses.

  • Victims and witnesses of crime will normally be asked to give the police a STATEMENT. This involves telling the police officer everything that happened or everything that was seen. This is important as it forms part of the evidence the police are collecting and helps them to decide whether a crime has been committed. The statement is a legal document, and may also be used during later stages of the investigation and prosecution (put an accused on trial) of the crime. For example, it may be used by the Crown Office and Procurators Fiscal Service (COPFS), (see information about this figures on About going to court) who can use it to decide whether it is likely the accused will be found guilty (convicted) of the crime. The statement can also be used as evidence in Court. For these reasons, it is important to make a statement only when you are ready and clear about what you want to say. After giving the statement, the police usually read it back to make sure it matches what the victim has said. If the victim agrees with the statement, they then have to sign it. Once this is done, the victim is given a crime reference number, which they can use later to get information from the police about the same case.

  • If the crime is of a sensitive nature, such as a sexual crime, the victim can ask to be interviewed by an officer of the same sex. For example, if a female victim can ask to speak to a female police officer.

After a victim or witness has been interviewed (that is, the police have taken the statement) they may not to hear from the police again for some time. If the victim or witness wants to know how their case is progressing, they can do so by contacting the police, quoting the crime reference number the police gave, which helps the police find the information more easily.

If the police identify a person or people they think are responsible for the crime there are several things they can do. For example, they might decide to take no further action, give the offender a warning, order the offender to pay a fine, etc.

In Scotland there are different ways of dealing with an accused person, depending on their age:

If the accused person is a young person (under 16), and if there is enough evidence, they will usually be referred to the CHILDREN’S REPORTER who considers what action to take.

  • The Children’s Reporter investigates the case to decide whether or not compulsory measures of intervention are needed to deal with the accused person. If compulsory intervention is required a Children’s Hearing will be held. A Children’s Hearing makes decisions on the issues and needs of the accused young person and how these issues can be addressed to
    prevent them offending again.

  • Some cases may need to be considered by both the Children’s Reporter and the Procurator Fiscal together, to decide whether the case should be dealt with by a CHILDREN’S HEARING or by the formal criminal justice system. Usually, it is only the most serious crimes committed by young people that are dealt with by the formal criminal justice system and
    taken to Court.

  • In many cases the accused young person will be referred to the Children’s Reporter, who decides whether or not a Children’s Hearing is needed. A Children’s Hearing makes decisions on the issues and needs of the accused young person and how the issues can be addressed to prevent them offending again.
  • Victims do not attend Children’s Hearings.

PLEASE NOTE:
The Children’s Hearings System deals with children and young people in Scotland under the age of eighteen who are in need of help. There are two main reasons why the Children’s Hearings System will help a child or young person:

  • Because they are in need of care and protection.

  • Because they have got into trouble with the police (e.g. they committed a crime).

You can learn more about this here.
For more information you can also search on: Scottish Children’s Reporter Administration

  • Provides information about the Children’s Hearing.

  • Website: www.scra.gov.uk

If the accused person is an adult (over 16) and there is enough evidence, the police will report the crime to the Procurator Fiscal, who is responsible for the prosecution of crime in Scotland.

  • They decide what should happen with each report received from the police.

  • The Procurator Fiscal will review the case and, if there is enough evidence, they will put the accused on trial in Court.

  • The Procurator Fiscal may, however, decide there is not enough evidence, and take no further action (drop the case).

  • In certain cases, the Procurator Fiscal may decide action is required, but that a trial is not appropriate. In these cases alternative actions can be taken: the offender may be given a warning, ordered to pay a fine, ordered to do unpaid work.

  • If the Procurator Fiscal does decide put the accused on trial in Court, the victim may be interviewed by the Procurator Fiscal or the DEFENCE TEAM (the defence team is the team of people who represent and defend the accused person).

  • Following this a date will be set for a TRIAL to take place. The trial takes place in a COURT. During the trial, the people present include: the accused, the Judge (known as a Sheriff in Scotland), the Procurator Fiscal (who presents the evidence against the accused and tries to prove that the accused is guilty of committing the crime), the Defence Lawyer (a lawyer who represents the accused and defends the accused in Court), as well as witnesses, which can include the victim.

  • In the most serious cases, there will also be a JURY in the Court. The
    jury is a group of 15 men and women (jurors) who listen to the evidence
    and decide if the accused is guilty or not.

PLEASE NOTE:
The Criminal Justice System takes legal action on matters involving crimes committed by someone over 16. However if a person under 16 is suspected of committing a very serious crime (such as murder or serious assault) they may be dealt with by the criminal justice system. The age of criminal responsibility in Scotland is eight years old. Children under eight cannot be referred to the Reporter or the Procurator Fiscal for offending. You can read more about here.

There are SPECIAL MEASURES available for young people who have to give evidence in Court. Special measures are different ways to help you give your evidence. These can include: giving evidence from another room through a television link; giving evidence from behind a screen in the Courtroom; having a support person with you when you; etc. Take a look here What support can I get? for more details.

After the trial the Judge or the Jury (depending on the case), takes a decision: either the person is convicted (found guilty) or acquitted (found not guilty, or not proven) of the crimes.
If the accused person is found guilty, the Judge will then decide on a suitable punishment for the offender. This might be a prison sentence (the Judge will decide on the length the offender must serve in prison). In other cases the offender may be given a community sentence (made to do unpaid work in the community) or they may be made to pay a fine or pay compensation (money) to the victim.

 WILL I HAVE TO GO TO COURT?

  • If the criminal case is taken to a Court with a Judge, you may be asked to attend and tell them everything you know. This is called giving your evidence.

  • Victims and witnesses do not attend Children’s Hearings. Sometimes the people making decisions at Children’s Hearings do not agree, or it might not be clear what happened. In these cases the case may need to go to a Court for another Hearing. If this happens, you might be asked to go to Court to tell them everything you know. This is called giving your evidence.

  • If you are to give evidence in Court, you will receive a letter (known as a citation). The letter will tell you the date, time and location you need to attend Court.

  • It is natural to feel very worried or afraid about going to Court. But there is lots of support available to help you through it. Victim Support Scotland have a Witness Service dedicated to giving help and support to people going to Court. They are part of Victim Support Scotland and are based in every Sheriff and High Court in Scotland. The Witness Service can answer general questions about what happens at Court and can also arrange a visit to the Court before the day of the trial, to get you familiar with the Courtroom setting so that you will know what to expect (See What support can I get? for more information).

    Regardless of what you decided to do, you always have the right to be supported. Even if you decide to not report the crime, it is very important to talk to someone about what happened, how you are feeling and the help and support available.  If you want to talk to someone before you make a decision to report, there are professionals and organisations who can inform, advise and support you. Search on How and where can I get support? for more information.

    Both are forms of sexual violence, but they represent different crimes. Childhood sexual abuse is the involvement of a child under 16 in unwanted sexual activity that he/she does not fully understand or consent to, and is not legally old enough to consent to (e.g. explicit/sexual talk, touching/groping; showing pornography; rape).  The Law in Scotland says that anyone under the age of 16 is not old enough to consent to sex. Rape is defined by the law in Scotland as penetration of the vagina, anus or mouth by the penis without consent.

    Date rape happens when someone is forced to have sexual intercourse (e.g., using threats, physical violence, alcohol or drugs) by a person they have been going out with or seeing, or that they have just met. Remember that no one has the right to force you to have sex. You have the right to say no and that should be respected.

    Sexual abuse does not always occur by using physical violence or strength. The offender can use subtle or non physical strategies to achieve the same goals: threats, blackmail, put the victim in a state of unconsciousness, take advantage of the victim’s trust in him/her or confusing the victim (especially when the victims are children, making them believe that what happened is normal).

    No. This is an excuse that offenders often use to undermine their actions. Whatever the victim's behaviour, it can never be used to justify sexual abuse. The person responsible for sexual abuse is the offender and never the victim of such violence.

    No. Sexual abuse covers a range of sexual acts. Penetration/sexual intercourse is just one example. There are other examples: forcing of oral sex or masturbation; unwanted fondling of the private parts; being forced to watch, or participate in, material of erotic or pornographic nature; being involved in prostitution.

    No! Regardless of any circumstances and the victim’s behavior, the only person responsible for sexual violence is the offender (never the victim). If the victim is under the influence of drugs and alcohol then they are not able to make informed decisions about their behavior. The offender is wrongly taking the victim’s condition as a sign that the act will be easier to accomplish (the offender is well aware that the victim is not fine and that sexual intercourse will not be consensual or decided together). Whether the victim never said “yes” or whether he/she said “yes” initially but then
    changed his/her mind (to “no”), the other person must respect that and not instigate any sexual involvement.

    Yes. It is possible that you felt pleasure during a forced sexual interaction for a very simple reason: our bodies are designed to react to sexual touching. The reproductive system, the hormonal system and the nervous system are the main mechanisms responsible for this internal body process. It is important to remember that, even if you felt some pleasure, that doesn’t mean that you enjoyed it, nor does it mean that you are guilty in any way for the sexual violence.

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