Sexual violence is defined as any sexual act performed on another person without their consent. Sexual violence can be perpetrated by a complete stranger, but often the perpetrator is an intimate partner, family member, or someone else the victim knows. The Criminal Code establishes criminal liability for rape, sexual coercion, and forcing someone to engage in sexual intercourse, regardless of the interpersonal relationship between the victim and the perpetrator.
Was it sexual violence?
Specialists who provide assistance to victims of sexual violence estimate that only one in four cases of sexual violence is reported to the police. This means that the remaining three victims do not speak out for various reasons. After experiencing sexual violence, it can be difficult to assess what happened, understand your emotions, and decide how to proceed. Often, a person who has experienced sexual violence may try to justify the perpetrator’s actions or ignore the harm done, in order to make it easier to return to their everyday life. This reaction is a common response to a traumatic experience. However, failing to address the issue can lead the victim to a much worse emotional state, while the perpetrator remains unpunished and may continue committing crimes.
If you’re uncertain whether what you experienced was sexual violence, you should ask yourself a few questions:
- Are you too young to give consent to sexual activity? According to Lithuanian law, a person under the age of 16 cannot give consent to sexual intercourse, so any sexual act with them is considered a criminal offence. This is punishable by imprisonment for a period of two to fifteen years, depending on the age of the victim and the nature of the crime.
- Were you able to give consent to sexual activity? A person in a state of helplessness cannot give consent. A person is considered helpless if they are a minor (under 14 years old), incapacitated, or has physical or mental disorders that prevent them from understanding the actions being done to them or from resisting, and the perpetrator understands that the victim is helpless, and takes advantage of the situation. Severe intoxication from alcohol, drugs, or other substances can also be considered a state of helplessness if it impairs the person’s ability to perceive their surroundings and resist. If you were unable to act independently due to one or more of these circumstances, you were also unable to give consent to sexual activity
- Did you give consent to sexual activity under duress? Consent must be given freely – it should be an active choice. Often, manipulation or threats of force (e. g., an intimate partner trying to convince you that fulfilling their desires is your duty) are used to extract consent, however, sexual acts occurring after such coerced consent are considered sexual violence. If you agreed to sexual activity to avoid the consequences of refusing, your freedom of sexual choice and bodily autonomy were violated.
- Were your boundaries crossed? Only you can decide what you want to do, and consenting to one act does not mean you consent to everything. For example, agreeing to kiss does not imply you consent to oral sex. Your boundaries may change, and you have the right to refuse to continue at any point, and your decision must be respected. If your intimate partner did not stop when you expressed a desire to stop or expressed that you are experiencing pain, the act became coercive from the moment you refused.
- Do you remember what happened? You may have been intoxicated or asleep, and sometimes memory loss is a bodily response to a traumatic event. If you suspect that you have experienced sexual violence but cannot remember all the details, do not ignore your feelings of distress. Seek help as soon as possible – experts will investigate the incident, determine whether a crime has occurred, and provide the necessary support.
What to do if you have experienced sexual violence?
If you have experienced sexual violence, it is important to understand that it was not your fault, and you should not feel ashamed. The perpetrator alone is responsible for the crime, but your actions afterward may influence whether they are held accountable.
Steps to follow if you have experienced sexual violence:
- Ensure your safety. Your safety is the priority. After experiencing sexual violence, do not stay with the perpetrator and try to leave the location as quickly as possible. It is best to do so when the abusive person is not present or asleep. Seek help as soon as possible. If you are experiencing ongoing violence and decide to leave your home, try to do so when the abusive partner is not at home, take your children and essential items with you: money, keys, your and your children’s documents (birth certificates, driving license, car insurance documents, bank cards, health insurance documents, divorce-related documents if divorce proceedings are ongoing), spare clothes, and medication. The most important thing is that the abuser cannot harm you while you call for help. Don’t hesitate to ask for support from your loved ones – you don’t have to go through the entire process alone.
- Call emergency services at 112. It is always recommended to contact the police first. The perpetrator of the crime may continue to abuse you or others, flee, hide, or destroy important evidence. The nearest police unit will first ensure your safety – they will make sure that the abuser cannot approach you or attempt to contact you. Police officers are trained to provide first aid, so they will assist you until medical professionals arrive at the scene or you are taken to the appropriate healthcare facility.
- Preserve evidence. To prove the perpetrator’s guilt later, it is important to think about the evidence as soon as possible, while there are still signs of the event on your body and clothing. A specialist’s conclusion may be the only evidence aside from the victim’s testimony, so it is best to contact the police within the first 24 hours and avoid showering, brushing your teeth, or using the toilet. If possible, place the clothes worn and other evidence (such as a used condom, wipes, garment, or fabric used for cleaning up) in paper bags, as plastic bags may destroy evidence. Although it may be uncomfortable and you may want to wash yourself, remember that this action could significantly complicate the investigation.
- Seek medical attention. If you are experiencing severe pain, bleeding from your genital or anal area, first go to the emergency department of a medical facility. There, you will be provided with the necessary medical care, get samples taken for testing, they will try to ensure prevention of pregnancy and sexually transmitted diseases. Medical professionals are required to report to the police any injuries that may be related to a crime, so in such cases, law enforcement officers would come directly to the medical facility.
- Seek psychiatric and psychological help. The greatest harm caused by sexual violence is most often psychological – it can lead to anxiety disorders, depression, post-traumatic stress disorder, eating disorders, and an increased risk of becoming dependent on alcohol or drugs. Psychological issues resulting from trauma can affect a person for a lifetime, so it is crucial to start addressing them as early as possible. If you do not feel comfortable with your psychologist and/or psychiatrist, do not hesitate to change specialists, as these visits should help you, not make you feel worse.
