Sexual Assault

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Sexual Assault

Specific laws vary by state, but sexual assault generally refers to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive. These crimes can range from sexual groping or assault/battery, to attempted rape. In general, sexual assault is involuntary sexual contact that occurs through the actor’s use of force, coercion or the victim's incapacitation. The law will consider the victim incapacitated if they do not have the mental ability to understand the nature of the sexual acts, or if they are physically incapable of indicating their unwillingness to participate in the sexual conduct. Common examples of these charges may arise from the use of alcohol or date rape drugs, both of which can make it impossible for a victim to legally consent to sexual conduct.

Modern sexual assault laws cover nonconsensual sexual contact that occurs between any sex and between people of any age. For example, most sexual assault laws cover involuntary sexual contact occurring between two men, two women or two children, etc., not just an adult man and woman.

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