State Sexual Violence
State Sanctioned Sexual Violence
When the government directly allows or requires people in power (like police, prison staff, or school officials) to commit nonconsensual sexual acts, often claiming it’s for “security” or “public safety.” For example, some laws require corrections officers perform strip and cavity searches on people, even when they pose no danger.
Definition
An agent or institution committing a nonconsensual sexual act with explicit impunity
granted to them by the state, for any reason other than immediate personal safety of the individual.
Example: Strip/Cavity Searches
Strip/cavity searches in jails are a form of state-sanctioned sexual violence because the government explicitly requires correctional staff to forcefully expose and examine people’s bodies without consent. These searches are justified in the name of “security” and “collective safety,” not for the immediate personal safety of the individual being searched. For example, a prison in New York mandated invasive visual inspections of inmates’ genitals and body cavities after every visit with their lawyers or loved ones.
State Tolerated Sexual Violence
When nonconsensual sexual acts are technically illegal, but the state allows it to continue by failing to investigate, punish, or stop them. For example, when a military superior sexually assaults a lower-ranking officer and the report is ignored or buried. The system protects the perpetrator instead of the survivor.
Definition
An agent or institution committing a nonconsensual sexual act with implicit impunity granted to them by the state.
Example: Military Sexual Violence
Sexual violence committed by superiors against subordinates in the military is a form of state-tolerated sexual violence because, while illegal, it is routinely enabled by the military’s power structure and lack of accountability. Reporting assaults often leads to retaliation, discouraging survivors from coming forward and allowing abuse to continue unchecked. For example, former Marine Thae Ohus reported being sexually assaulted by a superior, faced retaliation, and was medically retired. No investigation was ever conducted despite her formal report.
Are you interested in learning more?
Download our State Sexual Violence Framework!