Is this considered rape?

When I'm asleep, or when he thinks I'm asleep, my brother will often come in my room and try to touch me in places that I am not comfortable with. If I'm awake, I'm lucky enough to be able to 'wake up', but I don't know how many times he has done this and how far he has gone when I am actually asleep. Is this rape? What should I do?

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Most Helpful Guy

  • I am a lawyer and I could give you legal advice but that is not what you need. It doesn't matter what it is called. It is wrong and it is a crime. In my jurisdiction, penetration is not required for it to be considered sexual assault.

    You are anonymous so I don;t know where you live. In the US, you can report this to your state's child protective services unit. That may have some unexpected disadvantages for you but it may still be the right thing to do. Would your parents be receptive to talking about this without having a meltdown?

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Most Helpful Girl

  • I worked for MOCSA (org to counter sexual assault). It is at the least sexual assault and incestual. You need to go to your doctor to have them see if there has been more activity below you are not aware of. You do not mention how old your brother is, but this needs to stop, as it can lead to worse behaviours through his life. You should discuss this with your parents as well, as hard as it is. You both need support.

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What Guys Said 42

  • I don't think it meets the legal definition of rape, as many women here seem to think. I echo all those who say it is assault. I echo Anonymous to set up a camera. And Herod's advice to hit up the school counselor as a first step may be best--or contact the police directly on your own.

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  • First, I'm not a lawyer and can't give you legal advice.

    That being said, it depends on the laws of where you live, where he's touching you, and in some cases, what he's touching you with. If you're in the U. S, I would search "[state name] definition of rape" and/or "[state name] definition of sexual assault" to find your answer.

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  • That depends on the laws in your country.
    Where I'm from, rape is (according to the law) only penetration with a penis into the vagina (and I think the anus, too). Any other kind of non-consensual, sexual act is considered "sexual assault". The punishment is the same, though.

    But I would say that he is in the wrong and could probably be punished if you were to press charges.

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  • It's not rape because he hasn't put his dick inside you, but he's touched you in sexual areas so its assault. Brothers aren't supposed to touch you sexually (incest is illegal). No sibling would consider it cool to touch up their sister normally, however porn has too much incest themed videos and might have caused his behaviour. I'd record it on cam and tell him to stop and talk to him about why touching someone up without their permission is wrong and hurtful.

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  • It's not rape unless you are pentrated. Still very wrong and red flags we would be worse. Tell people, get it sorted. Get a lock on your door too.

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What Girls Said 12

  • Rape is when it is FULL sex. Think you would wake up then. But you ought to be telling your parents and putting a stop to it.

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  • Sexual assault. Talk to your parents and stay away from him!

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  • Talk to your parents asap. This is unacceptable, they have to do something about it.

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  • Harrasment asf. Could be rape. You should definitely tell someone. Not sure if your parents cause they could doubt it but someone as quickly as you can.

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  • This is rape, and is not ok. You need to tell your parents

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    • *Smh*

    • She’s being assaulted by her brother, whether you call it rape or not, it’s not ok. And she needs to tell her parents

    • I agree, she needs to tell her parents and it's not ok but it's not rape.

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