Types Of Sexual Assault

Sexual assault is a harrowing crime that affects approximately one in five women in this country. Even when it doesn’t result in any physical harm, the emotional devastation of this crime is likely to haunt you for the rest of your life. If that wasn’t bad enough, the U.S. legal system often makes it difficult to get justice.

The first step to obtaining justice after a sexual assault is understanding your rights and legal options. Different types of sexual assault are treated in various ways by the criminal and civil justice system. Understanding these differences is often critical to getting the results you need to recover from this ordeal.

The Elite Litigation Group at Bachus & Schanker is dedicated to helping victims of sexual assault get justice. We will help you understand your rights and help you file a sexual assault claim that is likely to succeed. When you need help, a sexual assault lawyer from our law firm is there for you. We are so sorry that this happened, but please know you do not have to travel the road ahead alone.

Contact us today to speak with our sexual assault attorneys.

Common Types Of Sexual Assault

Sexual assault covers a wide variety of actions that one person can commit against another. Some of the most common types of sexual assault are:

• Sexual battery
• Rape
• Unwanted touching
• Date rape
• Statutory rape
• Marital rape
• Child molestation

You may have noticed that sexual harassment is not on this list. You shouldn’t construe that to mean that sexual harassment isn’t a serious crime. It just means that most state and federal laws differentiate the two types of behavior.

What Is Sexual Assault?

The U.S. Department of Justice defines sexual assault as any non-consensual sexual act proscribed by law, including acts upon a person who lacks the capacity to give consent. Legally, this includes actions like kissing someone without permission and using force to engage in sexual activity.

The sexual assault definition does not include unwanted touching of a non-sexual nature. If, for example, someone repeatedly smacks you on the back despite your clear lack of consent, they may be guilty of assault or harassment but not sexual assault.

What Is The Difference Between Sexual Assault And Rape?

One of the more common questions about sexual assault is, “What is the difference between sexual assault and rape?” The simple answer is that there is no difference.

The more complex answer is that all types of rape are a form of sexual assault. However, the reverse is not true. Rape is the act of non-consensual intercourse. It is typically defined to include some type of penetration, but in some states, sexual actions, like fellatio, may fall under the definition even if it doesn’t involve penetration.

Sexual assault, however, does not have to involve any type of intercourse. Unwanted groping, for example, often occurs over the clothing. It may involve attempted rape but doesn’t necessarily reach that point.

What Is Sexual Battery?

This question is a little harder to answer because laws differ in every state. In some jurisdictions, some types of rape are considered sexual battery. It is an intentional or reckless act that causes unwanted sexual contact with an intimate part of someone’s body.

That definition, however, is quite vague. In some states, any type of sexual touching counts, while other states may require forced penetration to qualify. Additionally, force or intimidation may be an element in some states.

What Is Groping And Unwanted Touching?

The definition of unwanted touching or groping is a little easier to explain because it differs less by state. Unwanted touching is the act of making contact with the intimate parts of another without their consent or making non-consensual contact with non-intimate parts for sexual purposes.

Because the latter involves the intention of the actor, it can be more difficult to prove. However, if you believe that someone has non-consensually touched you for their sexual gratification, you should contact our law firm right away. We can help you document the behavior to prove it was an illegal sexual act.

Finally, in most states, these actions are a crime if you are unable to give consent. This means that if you are unconscious, drunk, or tricked into giving consent, any touching is unwanted, even if you don’t explicitly refuse it.

What Is Date Rape Or Acquaintance Rape?

Date rape isn’t differentiated by law in most jurisdictions. However, this doesn’t mean you shouldn’t be aware of what sets it apart.

As the name implies, date rape occurs when a consensual romantic (and possibly sexual) encounter turns non-consensual. Unfortunately, because the shift from consensual to non-consensual can often be swift, perpetrators of date rape may claim that the actions they performed were consented to or requested.

Even worse, in some states, the laws don’t allow consent to be rescinded mid-act. However, typically, you have the right to withdraw consent at any moment, no matter what you agreed to or invited previously. If your partner does not immediately cease with sexual activity, they have engaged in date rape.

Acquaintance rape is similar, except it involves people who are friends or acquaintances but don’t have a previous romantic or sexual relationship.

What Is Statutory Rape?

Statutory rape is easy to define to a point. The state defines people of a specific age as being unable to give consent, regardless of their state preferences. Statutory rape occurs when someone has sexual intercourse with a person who has been defined by law as incapable of giving consent.

However, that is where it stops being easy to define. Every state has different age guidelines for when someone is unable to give consent. 

For example, in California, the age of consent is 18, with no exceptions. However, in Alabama, the age of consent is 16, and when the gap is less than two years between actor and victim, consensual sex may occur with someone as young as 12 years old.

What Is Marital Rape?

Marital rape is similar to date rape, except that it occurs between married individuals. The same standards apply, though. In most states, consent can be withdrawn at any point, and simply being married does not constitute consent.

What Is Child Sexual Assault Or Molestation?

Just as a child can’t consent to intercourse in most states, neither can they consent to any other type of sexual assault. Any form of sexual interaction or touching on an underage victim is child sexual assault.

Unfortunately, child sexual assault often involves a trusted person in the child’s life, including relatives. It also frequently isn’t reported for years or even decades. Many states recognize that it can take a long time to acknowledge this type of assault and have instituted a longer statute of limitations to take civil action after child sexual assault.

What Is Sexual Harassment?

Sexual harassment is typically differentiated from sexual assault. It usually does not require any type of physical interaction. It usually only requires that one party harasses another and that the harassment has a sexual purpose.

Some of the more common types of sexual harassment are:

• Inappropriate sexual comments
• Unwanted questions about your romantic or sex life
• Sexist comments or jokes
• Sharing of unwanted images of nudity
• Unwanted exposure of intimate parts

The line between sexual harassment and sexual assault is often quite thin. Your Bachus & Schanker lawyer can help determine whether another party has crossed that line and what legal options you have, regardless of what side of the line they fall on.

How Can The Bachus & Schanker Attorneys Help With A Sexual Assault Case?

At Bachus & Schanker, we take every sexual assault case seriously. Our Elite Litigation Group will listen to your story and help you understand your legal options. Depending on the laws of your state, you may be able to take civil action against the person who has harmed you, even if years have passed since you were assaulted.

Furthermore, we work hand in hand with an in-house Victim’s Advocates group. This group helps you with the difficult process of contacting criminal authorities and reporting a crime.

Our Victim’s Advocates group understands how difficult it can be to open up about sexual assault, especially to police and prosecutors. They will help make the process less stressful and increase the likelihood that the offender faces criminal penalties.

That group also shares information with the Elite Litigation Group. This helps us obtain and preserve the evidence we need to get positive results from a civil lawsuit. Justice is only served when both sides of the legal system are fighting for you. Contact us today to learn more.