Was I Raped?
*Here we use the term rape to refer to any type of sexual violence*
How can you figure out if what happened was rape? There are a few
questions to consider…
1. Are the participants old enough to consent?
The age of consent in Ohio is 16. This means that this is the minimum age someone must be to
have sex. People below this age are considered children and cannot legally agree to have sex. In
other words, even if this child or teenager says yes, it is still considered rape under the law.
2. Do both people have the capacity to consent?
In Ohio, a person with diminished capacity cannot legally consent. For example, some people who
have disabilities, some elderly people and people who are under the influence of drugs and
alcohol cannot legally consent. In other words, even if the person says yes, if they are drunk or
under the influence of drugs, it is considered rape under the law.
3. Did both participants agree to take part?
Did someone use physical force to make you have sexual contact with them? Has someone
threatened you to make you have sexual contact with them? Did you consent in the beginning
and change your mind at any point? If so, it is rape.
Common Questions
“I didn’t resist physically – Does that mean it isn’t rape?”
People respond to an assault in different ways. Just because you didn’t resist physically doesn’t mean it
wasn’t sexual assault — in fact, many victims make the good judgment that physical resistance would
cause the attacker to become more violent. Lack of consent can be express (saying “no”) or it can be
implied from the circumstances (for example, if you were under the statutory age of consent, or if you
had a mental defect, or if you were afraid to object because the perpetrator threatened you with serious
physical injury).
“I used to date the person who assaulted me – does that mean it isn’t rape?”
Rape can occur when the offender and the victim have a pre-existing relationship (sometimes called
“date rape” or “acquaintance rape”), or even when the offender is the victim’s spouse. It does not matter
whether the other person is an ex-boyfriend or a complete stranger, and it doesn’t matter if you’ve had
sex in the past. If it is nonconsensual this time, it is rape.
“I don’t remember the assault – does that mean it isn’t rape?”
