Rape and sexual assault

Rape and sexual assault

Rape is the sexual penetration of a person (orally, genitally, or anally) with the use of force. If a person is forced to perform or submit to sexual acts in some other way (accompanied by the threat of violence or otherwise), it constitutes sexual assault.

In criminal law, for both rape (Article 242 DCC) and sexual assault (Article 246 DCC) it has to be proved that the victim was forced to perform or submit to the sexual acts. As with sexual abuse, children can be subjected to rape and sexual assault under various circumstances and in different personal relationships: within the family or in a loving relationship, at school or on a night out, by acquaintances and by strangers, by peers and by adults. Here too, the assault can be recorded visually and distributed, thus also constituting a form of ‘hands-off’ sexual violence against children (child pornography).