"Gray" Rape

A recent article in a women’s magazine proposed a new term describing sexual assault faced by young women as a result of mixing alcohol, sexual freedom, and an uncertainty (a “gray area”) over consent. The term “gray rape” has been met with much debate and controversy because critics say it suggests placing blame on the victim. However, the issue of not remembering saying yes or thinking you could have said no is a serious one.

What is Rape?

Rape, commonly known as sexual assault, is defined as an assault involving sexual intercourse with or sexual penetration of a person without that person’s consent. In the situation of “gray rape”, the area of consent can become confusing. Flirtatious behavior and even inviting someone into your home can be viewed as a green light for sex. Simply sharing a few drinks, however, does not imply consent.

What is Consent?

Consent is clearly defined by the law as giving a verbal or non-verbal affirmation to engage in sexual intercourse. Giving consent to something like intimate kissing or oral sex does not necessarily provide consent for actual intercourse.

Saying No

The crime of rape, which is considered as a first degree sexual assault in some states, refers to non-consensual sex that is committed by physical force, threat of injury, or other duress. A lack of consent can include a person’s inability to say “no” due to the effects of drugs or alcohol. Anything that occurs after saying no or resisting is rape.

If you have been the victim of rape, you need the support and guidance of those most familiar with the law. The Racine sexual assault victim’s lawyers of Habush, Habush, & Rottier, S.C. want to bring your offender to justice. Contact us at 800.682.3434 to discuss your case and legal options.