Enclosure (1) to COMDTINST 1754.10B
The following definitions are provided to assist commands in discussing
Definitions
and understanding specific, legal terminology associated with rape and
sexual assault.
Assault. The use of unlawful force or violence either as an overt act with
the intent of inflicting bodily harm, or as an unlawful demonstration of
violence, through an intentional or culpably negligent act or omission,
either of which creates in the mind of another a reasonable
apprehension of receiving immediate bodily harm.
Sexual Assault. The term sexual assault will be used generically to
include all of the terms listed here, and applies to adult victims and
perpetrators. (COMDTINST 1750.7 (series) addresses sexual assaults
involving minors).
Assault with Intent to Commit Rape. An assault with the intent to
commit rape. The accused must have intended to complete the offense
of rape and to overcome any resistance by force.
Assault with Intent to Commit Sodomy. An assault against a human
being committed with the specific intent of completing the offense of
sodomy.
Forcible Sodomy. An act done by force, and without consent, whereby
one person takes into his/her mouth or anus the sexual organ of another
person (of the same or opposite sex); places his/her sexual organ in the
mouth or anus of another person; or places his/her sexual organ in any
opening of the body other than the sexual parts of another person.
Penetration, however slight, is sufficient to complete the offense.
Indecent Assault. An assault with the intent to gratify the lust or sexual
desires of the accused.
Rape. An act of penile-vaginal intercourse by force and without consent.
Penetration, however slight, is sufficient to complete the offense.
Lack of Consent: Can include situations where resistance is overcome
by duress, acts of violence or harm or the threat of; the victim lacks
mental or physical faculties to resist; the victim is unconscious; the
victim is of unsound mind; or the victim is incapable of consent due to
intoxication by alcohol or other drugs.
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