Core elements of legislation on sexual assault
The following elements should be established as the core elements of any sexual assault law. Each element is discussed in detail starting with Definition of sexual assault, below:
- A definition of sexual assault which is not framed as a crime of honor or morality;
- A definition of sexual assault that does not require penetration or force;
- Prohibition of mitigating factors such as intoxication of perpetrator;
- Provision for enhanced penalties for aggravating circumstances such as the threat or use of force, or the age or disability of survivor;
- Criminalization of sexual assault within an intimate relationship;
- Burden on accused to prove consent;
- Provision for a broad range of circumstances in which consent is immaterial, such as sexual assault by an individual in a position of authority such as in a correctional facility or by individuals in certain professional relationships to the survivor such as an ongoing psychotherapist-patient relationship;
- Provision for a broad range of coercive circumstances around consent such as intimidation or fraud;
- Prohibition of requirement of corroboration of survivor’s evidence;
- Prohibition of introduction of survivor’s sexual history as evidence at all phases of civil or criminal trial where it is unrelated to the case;
- Prohibition on use of mediation at all stage of the process;
- Prohibition of perpetrators from possessing firearms;
- Fully developed emergency and long-term order for protection remedies and no contact order remedies;
- Criminalization of violation of orders for protection and no contact orders;
- Provision for support services such as counseling and medical treatment to survivors at all stages of process; and
- Mandated training for law enforcement, judicial, medical, and social service professionals.