Is it Rape?

January 28, 2017

Is it rape?


First off, if you’re even asking this question…if you’re wondering whether a sexual encounter is rape or not, we’re so sorry. Maybe you’re looking for answers for yourself, a friend or a family member, whatever the case, we want you to know that you’re not alone. If you have questions about what “counts” as rape, we hope this blog will be helpful.


From 2006 to 2010, 2 of every 3 rape or sexual assault incidents weren’t reported to the police. That means about 65% of rape victims don’t report what has happened to them. And 6% of those victims don’t report because they believe their assault isn’t important enough to be reported. Additionally, 13% believe the police can’t or won’t help.


These statistics tell us that if you’re confused about whether what has happened is rape or not, or if you haven’t reported it or if you aren’t sure the police could help, you aren’t alone.


So let’s talk about what rape is.


In Nebraska, sexual assault is defined as

  • sexual penetration without the consent of the victim or
  • when the offender knows or should know the victim is incapable of resisting or
  • when the offender is 19 or older and the victim is younger than 16


This means it’s rape if you don’t consent to the sexual activity. If you don’t give permission for someone to have sex with you or to put any part of his body in you, it is – by law – considered sexual assault.


It IS rape

  • if you were asleep
  • if you were threatened
  • if you were incapacitated by drugs or alcohol
  • if you were unconscious
  • if you were forced
  • if you are under the age of consent (16 in Nebraska)
  • if you changed your mind or if your no was ignored


Even if

  • you know the person or are in a relationship with the person
  • you have already had sex with that person on another occasion
  • you were fooling around but then you changed your mind
  • you were drunk 71 or high or dressed provocatively
  • the person took you to dinner or bought you gifts


If both people don’t willingly agree to sexual activity, it’s sexual assault or rape.


If you read this and realize you have been raped, you’re not alone. Sadly, 1 in 5 women and 1 in 71 men are raped at some time in their lives. And for women, only 13.8% of rapes are done by strangers. Most offenders are the intimate partners of the victims – husbands or boyfriends.


Anyone of any gender, age, sexuality, social class or level of ability can be raped. There’s no excuse for rape, and it’s never the victim’s fault. If you’ve been raped, we want you to know, it’s not your fault. You did not ask to be assaulted.


We know it may be difficult to talk about but if you have questions on what to do next or need someone to talk to, we’re here to help. Feel free to call us in Kearney, (308) 234-9880 or in Grand Island, (308) 675-2217. If you do find yourself in a situation where you have been sexually assaulted contact Campus Police,Kearney Police or the Grand Island Police right away. Also, the Family Advocacy Network in Kearney and the Willow Rising in Grand Island are great resources if you or someone you know has been a victim of sexual assault.

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