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What is Sexual Assault?
Sexual assault occurs when a person touches another person in a sexual manner without their consent, or when someone makes another person take part in a sexual activity without that person's consent. This includes unwanted kissing and sexual touching.
Types of Sexual Assault
There are various levels of sexual assault, including:
- Rape - Sexual intercourse against a person’s will
- Forcible sodomy - Anal or oral sex against a person’s will
- Forcible object penetration - Penetrating someone’s vagina or anus, or causing that person to penetrate her or himself, against that person’s will
- Marital rape - Rape committed by the person to whom the victim is married.
- Unwanted sexual touching - Any sexual touching that occurs without the explicit consent of the recipient
- Sexual contact with minors (whether consensual or not) - The act of touching a minor's body for a sexual purpose. This sex crime is also known as lewd and lascivious conduct on a minor.
- Incest - Sexual intercourse or sexual intrusion between family members.
- Any unwanted or coerced sexual contact - Using pressure or influence to get someone to agree to sex
Read also:
- What is the Difference Between Molestation and Sexual Abuse?
- Jehovah’s Witnesses Ordered to Pay $35 Million in Sexual Abuse Lawsuit
- 6 Types of Assault Charges
How is Sexual Assault Punished?
Sexual assault is classified as a second-degree felony in the United States. Those convicted of the crime can receive a sentence of from 2 to 20 years in a state prison and a fine of up to $10,000.
What is the Difference Between First, Second, Third and Fourth Degree Sexual Assault?
1st and 3rd degree sexual assault involves a sexual assault that includes sexual penetration. 2nd and 4th degrees involve sexual assault with sexual contact.
What are the 5 D's of Sexual Assault?
The 5 D's of sexual assault are Direct, Distract, Delay, Delegate, and Document. These are different methods that bystanders can use to support someone who is being harassed, emphasizing that harassment is not right, and demonstrating to people in your life that they too have the power to make our communities and workplaces safer.
The most basic defense in a sexual assault case is a claim of actual innocence. A defendant may argue that they could not have committed the crime because they were in a different location at the time the alleged crime took place.
How Can You Tell if Someone is Lying About Being Assaulted?
Many allegations of sexual abuse are true and accurate, but not all. Some common signs that a person is lying include:
- The person does not answer a question right away, but pauses or delays their answer as they try to think about what to say.
- The person looks away and will not make eye contact.
- The person instinctively touches their mouth while speaking.
- The person swallows or clears their throat when answering a question.
FAQs
1. Why Is Insufficient Evidence a Defense?
If the prosecution cannot prove beyond a reasonable doubt that the crime occurred or that you committed it, the charges may be dropped.
2. What Is the Importance of DNA Evidence?
DNA evidence can either link a suspect to the crime or exclude them, providing strong support for either the prosecution or defense.
3. How Can an Attorney Help Beat a Sexual Assault Charge?
An experienced attorney can investigate the case, gather evidence, challenge the prosecution’s case, and represent you in court to build a robust defense.
4. Can Character Witnesses Be Used in Defense?
Yes, character witnesses can testify to your good character and reputation, potentially casting doubt on the allegations.
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