- Joined
- Aug 17, 2022
That's not my understanding of it. I only know about England and Wales, other legal traditions may differ.The reason for abandoning "rape" as a general term isn't pure wokeshit. It's becuase "rape" carried a bunch of common law baggage with archaic definitions that don't really cover the kind of conduct that is today proscribed. It used to be that the elements of the crime of rape included that the victim have been previously chaste, as well as having physically resisted (even if that would have just gotten them killed).
It was essentially a sort of property crime where the real victim was the father who now had an unmarriageable daughter.
So "sexual assault" is generally just sexual acts committed without consent, and it's fairly recent that some form of affirmative consent is required. Even though "consent to have sex forms signed in triplicate" or even "yes I want to have sex" spoken verbally is not a legal requirement, some form of indication of consent is necessary.
Parliament was really reluctant for years and years to define what rape actually was, presumably because of squeamishness (even when they were defining what exactly GBH was, etc.). Rape nowadays is the unwanted penetration of the victim's vagina, mouth, or anus by the offender's penis. Quite possibly the courts were inferring consent if the victim didn't resist, though I don't think that was ever part of the offence.
Sexual assault is any form of unwanted sexual touching - so yes, technically including rape, but only in the same way that murder is technically also assault.
I've posted this elsewhere (on the tranny thread?), but I think that sexual assault came to be used as a euphemism for rape just because the word "rape" is taboo, plus a certain brand of feminism having an interest in making it seem like rape is everywhere. It's motte-and-bailey stuff.