Rape is a type of sexual assault usually involving sexual intercourse or other forms sexual penetration initiated against one or more individuals without the consent of those individuals. The act may be carried out by physical force, coercion, abuse of authority or against a person who is incapable of valid consent, such as one who is unconscious, incapacitated, or below the legal age of consent.[1][2][3][4] The term rape is sometimes used interchangeably with the term sexual assault.[5]
The definition of rape varies both in different parts of the world and at different times in history.[25] It is defined in many jurisdictions as sexual intercourse, or other forms of sexual penetration, initiated by a person against another person without the consent of that person.[25] The United Nations Office on Drugs and Crime defines it as "sexual intercourse without valid consent,"[6][26] and the World Health Organization defined it in 2002 as "physically forced or otherwise coerced penetration – even if slight – of the vulva or anus, using a penis, other body parts or an object".[27]
The elements that form the definition of rape under the ICC Statute are that:[28][29]
"The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body."
"The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent."
