Legal Definitions - relationship rape

Relationship rape refers to a form of sexual assault where one person in a romantic, intimate, or ongoing relationship (such as dating partners, spouses, or cohabiting individuals) engages in sexual activity with the other person without their voluntary and explicit consent.

The key element is the absence of consent, regardless of the existing relationship dynamics, past sexual history, or the nature of the relationship itself. Consent must be freely given, enthusiastic, and can be withdrawn at any time.

Here are some examples to illustrate this concept:

• Example 1: Sarah and Mark have been dating for several months. One evening, after a disagreement, Sarah tells Mark she is not in the mood for sex and wants to go to sleep. Mark, feeling frustrated, ignores her protests, physically restrains her, and proceeds with sexual activity against her will. This scenario constitutes relationship rape because Sarah explicitly withheld consent, and Mark proceeded despite her refusal.

• Example 2: David and Emily are married. After a night out, Emily returns home heavily intoxicated and falls asleep on the couch. David then initiates sexual activity with her while she is unconscious and unable to provide consent. Even though they are married, Emily's inability to consent due to intoxication means that any sexual activity initiated by David in this state would be considered relationship rape.

• Example 3: Alex and Jamie are in a long-term committed relationship. One day, Alex feels pressured by Jamie to engage in a specific sexual act that Alex is uncomfortable with and has previously declined. Jamie repeatedly insists, using emotional manipulation and guilt-tripping until Alex reluctantly gives in, feeling they have no other choice. If Alex's participation was not voluntary and was a result of coercion or pressure that overcame their will, rather than genuine consent, this could be considered relationship rape, as consent must be freely given without undue influence or pressure.