Updated: Jan 21
Insights on sexual assault and abuse claims, and the payable damages.
Sexual assault is an attack on an individual that is sexual in nature, such as unwanted and offensive touching. The legal definition of sexual assault, on the other hand, varies widely from state to state. In some states, rape is associated with sexual assault, while others use words like criminal sexual penetration, sexual battery, or criminal sexual contact to describe the crime. These may lead to a slew of emotional and physical harm. A sexual assault case can be both a criminal case, and a personal injury claim.
According to the Bureau of Justice Statistics, the number of people who have been raped or sexually assaulted has gradually risen over time. Rape or sexual assault claimed the lives of 300,165 people in 2013. That number was 393,979 in 2017.
Accusations of sexual assault vary from groping to battery to attempted rape. The terminology, structure, and scope of sexual assault offenses differ greatly across states, even though they share a few basic elements.
Coercion, force, or the victim's incapacitation may all be used by the perpetrator to commit sexual assault.
A victim is considered incapacitated by the statute if:
They were either physically incapable of expressing themselves or displaying their inability to participate in sexual intercourse.
They lacked the mental capacity to comprehend the sexual act's precise essence.
Charges arising from the victim's incapacitation sometimes involve the use of date rape drugs or alcohol, rendering the victim incapable of giving legal consent.
In addition, several states' sexual assault laws have been expanded to cover partners. One of the following three strategies has been used to do this:
Removing the spousal assault exemption
Marriage as a defense to a sexual assault charge is being phased out
Enacting different legislation banning your spouse from sexually abusing you
Non-consensual sexual interaction with people of any sex and age, not just between an adult woman and a man, is now protected by contemporary sexual harassment laws. In addition, many states use the word "sexual harassment" to refer to other crimes like unwanted sexual contact or rape. Other states differentiate between offenses involving penetration and those involving forced or coercive contact. The latter is a first-degree (aggravated) felony in this case, while the former is a lower-level offense.
Criminal Sexual Penetration or Rape
Suppose forced sexual intercourse is referred to as rape, sexual battery, criminal sexual penetration, or sexual assault in your state. In that case, it is typically referred to as sodomy or sexual penetration without consent. It may involve the use of aggression, terror, threats of violence, as well as the use of drugs and other intoxicants.
The following is a list of other applicable parts of the Penal Code that deal with sex crimes:
261(a)(2) PC – Harassment by intimidation
261(a)(3) PC – drug-assisted rape
261(a)(4) PC – Abuse of a person who is unconscious
261(a)(6) PC – Abuse with the threat of retaliation
262 (a)(1) PC – Spousal Rape
264.1 PC – Forcible rape while performing in front of an audience
PC – 266h(a) – Pimping
Soliciting a prostitute (section 266h(a) PC)
Sexual Battery and Criminal Sexual Contact
Most states have made it illegal to participate in sexual intercourse without the other person's consent, even though it does not include oral sex, sodomy, or penetration. When you enter an intimate part of another person's body (clothed or unclothed) without their permission for your sexual gratification or arousal, this is an example o