Can Sexual Assault Occur Without Vaginal/Penile Intercourse?

Question

went to a sexual health care center to check for STDs after I was sexually assaulted. A man digitally penetrated my v****a after masterbating.

During my first appointment, I explained to the clinician that I was sexually assaulted by a bisexual male and I was concerned about possibly contracted HIV.

She advised me that I should go to the health department to get tested.

I just received a copy of my complete file that I requested and she wrote down "Advised HIV test for coitus unprotected with bisexual male."

She failed to write down that it was a sexual assault. Now it looks like it was a consentual act. Also, I did not have coitus unprotected. Doesn't she know that a woman can be sexually assaulted without having the attacker insert his p***s into the v****a? Why did she assume it was coitus? I know it is incredibly rare to get HIV from a digital pentration, but there is still a slim chance.

Should I have my record ammended? Also, during my second visit, I explained my assault more in depth to the clinician (a different clinician was working that day). This time I clarified and stated "I was sexually assaulted when a man inserted his finger into my v****a." This time she wrote"Sexual Assault 'He fingered me'"

Now it looks like I had a sexual assualt in which I said "He fingered me" AND a consentual coitus with a bisexual male.

Their use of the term "fingered" makes it look as if I was describing a consentual act. Also, my sexual assault looks less convincing since it appears that I voluntarily had sexual intercourse with a bisexual male.

Should I have it ammended? Why did she assume that "sexual assault" meant vaginal/penile intercourse? One can sexually assault another in numerous ways besides putting his p***s into the v****a.

Thoughts?

Answer 1

Any unwanted contact between two people with one overpowering and touching any part of the body normally covered by a (standard) bikini on a woman and trunks on a man is sexual assault.

Your medical practitioners were insensitive and uncaring of your predicament.  However they were trying to be factual with the exception of the first clinicians failure to clearly identify what happened.  They did not say that the contact was consensual so don't worry.  

Everything will be clear when you file the police report.  Which you are doing, Right???

Answer 2

Yes any s*x act against your will is a crime.there are  laws

in every state that will state raped by a object.the fact that

it was a part of his body..Make sure the records are

honest and to date and correct.and make sure that it says you said stop and no.

Answer 3

Yes,  sexual assault can occur without intercourse.

But what is it you want?   You did not file a police report due to your own legal issues.  That has not changed so are you going to file a police report now?  Kind of late.  You are more likely to get in trouble than to get any action on your claim.

Change your records?  What for?   If you did not file a police report and made no claim 10 months ago about an assault why would they feel you are telling the truth now?

IMO you need to let it go and grow up.   Knock off the drinking and s*x and get your life straight and hope you do not have a lasting disease.   Stay away from situations that could result in the same problems.   Go to church.  

Answer 4

It is not up to the health department to state a criminal offence was committed. That should be a matter for the police to investigate. If the p***s penetrates the v****a without consent it becomes rape not sexual assault. You do not state whether or not you have informed the police.

Answer 5

Thoughts?? I'm outraged that you were treated this way. I had the same thing happen and was too afraid to report it. This was about 15 years ago and I was too young and scared to stick up for myself. Now, I wouldn't stop until the person was in jail.

YES amend this. You can have this person charged for sexual assault. If they were hired with any prior record of this type you have excellent grounds for a lawsuit. I say this stop this from happening to other women at the same clinic. The clinician is paid to ask questions but didn't. Poor training.

I would go directly to a supervisor and have this amended. I'd also contact the local police department and file a report with the correct information on it, in case there is any question. Good luck to you

Answer 6

The history of the law has always read, "Penetration, ever so slight." Without penetration, it is assault and battery.

Answer 7

Did you or the clinic make a police report? He committed a sexual act without your consent, so that is sexual assault; it didn't have to involve vaginal or even anal intercourse with his p***s. You need to press charges on him with a local law enforcement agency. Maybe you need to talk to a supervisor at the clinic so they can correct your records and make them clearer.

Answer 8

yes it can happen and apparently...did

Answer 9

It was most definitely sexual assault, nothing neutral about it. Yes it should be amended.  Fingered is too vague for the practice of insertion into the v****a of his dirty finger after masturbation. Even mere exposure is sexual assault.  Fingered could mean he pointed at you or flipped you an obscene gesture, rather than bodily violating you.

[The story you are painting is all too typical of a history of alcohol abuse.  While there is now little or nothing you can do about the sexual assault (TD the laws were rewritten in quite a number of places, especially in cases involving minors, and have yet to reach the Supreme Court for review.), there is much you can and should do about getting your life in order. Check out an AA or Alateen meeting in your local area, it's completely anonymous and the only cost is your misery which will be cheerfully refunded if you don't like the program.]

Answer 10

  I think you are reading far more into neutral medical language than you should, especially since no one should be seeing the medical report.  And you now think that your correction complicates it in ways that don't seem true to me.

  Of course sexual assault can occur in other ways.

  You had a bad experience.  Work on dealing with the experience rather than the paper trail of short hand notes by doctors and techs.