According to the U.S. Department of Justice, while the nature of the relationship between the assailant and the victim will vary, eighty to ninety percent of victims are raped by somebody that they know.
It is not uncommon for acquaintance rape to occur after some degree of consensual sexual activity (i.e. kissing or making out, etc.). A previous relationship (sexual or non-sexual) between the assailant and the victim is not considered a mitigating factor in cases of alleged sexual assault.
Acquaintance rape may result from a misperception of intent by the perpetrator, where the perpetrator assumes that sexual activity is consensual and mutual when in reality it is not. Insistence or belief by the assailant that consent for sexual activity was given is not considered a mitigating factor in cases of alleged sexual assault.
