Definitions
The language used to talk about sexual assault of older women is inconsistent - and thats a problem. On this page we share some of the common definitions or language used. The term sexual abuse sits well within the Elder Abuse frameworks were are increasingly familiar with - but some think the term sexual assault is more appropriate because it better reflects the criminality. and evokes a different service response (forensic). Please scroll all the way to the bottom of the page - we love the ABS definition for all its clarity.
It is important to note that older women seldom use the term sexual assault, particularly if the perpetrator is an intimate partner - marital rape immunity laws meant a man didn't have to negotiate consent.
It is important to note that older women seldom use the term sexual assault, particularly if the perpetrator is an intimate partner - marital rape immunity laws meant a man didn't have to negotiate consent.
Elder Abuse
According to the World Health Organisation: Elder abuse can be defined as "a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person". Elder abuse can take various forms such as financial, physical, psychological and sexual. It can also be the result of intentional or unintentional neglect.
Sexual Abuse
The World Health Organisation defines sexual abuse as "non-consensual sexual contact of any kind with an older person". Other organisations expand this definition to include consent obtained through coercion.
The Queensland Government's No Excuse for Elder Abuse pamphlet also includes the following comprehensive definition: "Sexual abuse includes any kind of unwanted sexual behaviour or activity, done without consent, that makes a person feel uncomfortable, frightened, threatened or causes physical hurt."
The Queensland Government's No Excuse for Elder Abuse pamphlet also includes the following comprehensive definition: "Sexual abuse includes any kind of unwanted sexual behaviour or activity, done without consent, that makes a person feel uncomfortable, frightened, threatened or causes physical hurt."
Sexual Assault
CASA Forum defines sexual assault as any behaviour of a sexual nature that makes someone feel uncomfortable, frightened, intimidated or threatened. It is sexual behaviour that someone has not agreed to, where another person uses physical or emotional force against them. It can include anything from sexual harassment through to life threatening rape. Some of these acts are serious indictable crimes. Sexual assault is an abuse of power. Sexual assault is never the fault or responsibility of the victim/survivor.
Sexual Violence
The definition of sexual violence from 1800respect is: sexual violence can include anything sexual that makes you feel scared or uncomfortable. Some other words used to describe forms of sexual violence are sexual assault, sexual abuse and rape. These words have a general meaning and a legal meaning. On this website we use the general meaning of these words.
Unlawful sexual contact
Residential aged care facilities are required to report Unlawful sexual contact - this refers to non-consensual sexual contact involving residents in aged care facilities. See compulsory report page for more information by clicking the link here.
Family Violence
Family Violence may also be referred to as Domestic Violence. The definition provided by White Ribbon is: violence, abuse and intimidation between people who are or have been in an intimate relationship. The perpetrator uses violence to control and dominate the other person. This causes fear, physical harm and/or psychological harm. Domestic violence is a violation of human rights. Domestic violence in Australia can include: emotional abuse; physical assault; sexual assault; verbal abuse; financial abuse; psychological abuse; isolating a woman from her friends and family; stopping a woman from practicing her religion.
The Australian Bureau of Statistics
The ABS (2014) include a definition of sexual assault and content in their report on Sexual Assault in Australia: A statistical overview. The definition is long and so may not be useful for a brochure or particular audience, but it a useful tool for understanding what sexual assault is and is not:
Sexual assault is unwanted behaviour of a sexual nature directed towards a person:
Sexual assault may be located on a continuum of behaviours from sexual harassment to life-threatening rape. These behaviours may include lewdness, stalking, indecent assault, drug-assisted sexual assault, exposure of a person to pornography or [masturbation], use of a person in pornography, and threats or attempts to sexually assault. The assault may range from unwanted touching to sexual penetration without consent, including attempts. … [and] with another part of a person’s body part an object.
Consent requires 'free agreement' and a person cannot be said to freely agree where the person:
Sexual assault is unwanted behaviour of a sexual nature directed towards a person:
- which makes that person feel uncomfortable, distressed, frightened or threatened, or which results in harm or injury
- to which that person has not freely agreed or given consent, or to which that person is not capable of giving consent;
- in which another person uses physical, emotional, psychological or verbal force or (other) coercive behaviour against that person
Sexual assault may be located on a continuum of behaviours from sexual harassment to life-threatening rape. These behaviours may include lewdness, stalking, indecent assault, drug-assisted sexual assault, exposure of a person to pornography or [masturbation], use of a person in pornography, and threats or attempts to sexually assault. The assault may range from unwanted touching to sexual penetration without consent, including attempts. … [and] with another part of a person’s body part an object.
Consent requires 'free agreement' and a person cannot be said to freely agree where the person:
- is fearful for themselves or for someone else
- has been threatened
- is mistaken about the identity of the person or the nature of the sexual act
- wrongly believes that the act is for medical purposes
- is incapable of consenting
- is legally deemed incapable of giving consent or where there is a familial relationship or other relationship of trust
