Consent in Indiana
By: Sam Barrett
TW// SEXUAL ASSAULT
Merriam-Webster defines consent as “to give assent or approval: agree.” Growing up this is something we are taught, relatively. We are taught to “give permission” or to say “no.” Something we have heard over and over, “no means no.” However, as we get older we better realize the weight behind the word consent, behind “no means no” and giving someone permission.
There have been over 2,000 rape or sexual assault cases in Indiana this year. 1 in 5 Hoosier women are sexually assaulted in their lifetime. However, the Indiana state government has yet to define consent. A legal definition of consent plays a huge role in deciding whether an act is considered a crime or not. Therefore, Indiana’s lack of a definition means that sex without consent is not a crime unless there is a proven use of physical force, threat of force, or incapacitation.
Rape is amongst one of the most common crimes in the United States, and acts of sexual assault or violence happen every day. Acts like these happen to more than just heterosexual women, but also members of the LGBTQIA+ community and children. Not only is this a huge problem for Hoosiers, but also the nation. Here are some statistics posed by the Indiana Coalition to End Sexual Assault and Human Trafficking:
Indiana ranks 4th highest in the nation for number of reported rapes amongst high school girls.
46.4% of lesbians, 74.9% of bisexual women and 43.3% of heterosexual women reported sexual violence other than rape during their lifetimes, while 40.2% of gay men, 47.4% of bisexual men and 20.8% of heterosexual men reported sexual violence other than rape during their lifetime.
Nearly one in 10 women has been raped by an intimate partner in her lifetime. Approximately one in 45 men has been made to penetrate an intimate partner during his lifetime.
50% of transgender people have experienced sexual violence.
One in four girls and one in six boys will be sexually abused before the age of 18.
34% of women were 10 or younger when experiencing their first rape/victimization.
These statistics help to portray the necessity for a legal definition of consent. Without that and other improved consent and sexual assault laws, victims will continue to be put in tough situations or be silenced.
Viewing sexual assault and rape statistics can be jarring, and it’s even harder to believe the fact that 85% of sexual assaults are not reported to the police. This means that we are only seeing less than half of the amount of rapes and sexual assaults that actually happen. People can be quick to judge why victims don’t report acts against them, but in most cases it is due to fear for their safety or fear of lack of action. Many women, LGBTQ+ members, and children are caught in terrible situations in a place or with a person they might have felt comfortable with before. In 8 out of 10 rape cases, the victim knew the person who sexually assaulted them, and 8% of rapes occur while the victim is at work. There are so many cases that occur where the victim knew, was related to, in an intimate relationship with, or just close friends with their attacker. The legal role of consent comes into play huge in these kinds of cases, and that is why it’s so crucial for Indiana, and every state, to have a sound definition of the word.
Our nation has a long way to go when it comes to laws and education on consent. Indiana needs to improve their outlook and laws on consent, sexual assault, and rape in order to create a safer environment for victims. Hoosiers should feel that their state government is working to protect them and their safety.