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Both molestation and sexual abuse are among the most punishable crimes. But, the difference between them is often not clear. Schmidt & Clark lawyers have experience in dealing with sexual harassment cases.
Our lawyers have taken on countless child molestation and sexual abuse cases, so today, we’ll explain the definitions and differences.
Understanding the Differences: Molestation vs. Sexual Abuse
When we talk about molestation vs sexual abuse, it’s crucial to understand the differences. Molestation typically involves illegal sexual touching of children under 16, often aged 12 or younger [1].
Sexual abuse is a broader term that includes any unwanted sexual act, such as penetration or exploitation, and can involve minors up to 18 years old. This article will explore these definitions and why distinguishing between molestation vs. sexual abuse matters.
Quick Summary
- Child molestation refers to inappropriate sexual touching of minors under 16, while sexual abuse encompasses a broader range of unwanted sexual acts against minors under 18.
- Legal consequences for child molestation and sexual abuse are severe, with penalties that include lengthy prison sentences and significant fines aimed at deterring offenders and protecting children.
- Recognizing the signs of molestation and sexual abuse, both behavioral and physical, is crucial for early intervention and support for affected children.
Sexual Assault
Child sexual abuse encompasses a variety of inappropriate acts against a child, including unwanted sexual contact, sexual behavior, and even child pornography. This term specifies that the abuse is sexual in nature and can involve children of any age under 18.
Often, sexual abuse is committed by someone known and trusted by the family, making it difficult to detect and report. The abuse typically follows a subtle grooming process over time, creating a pattern of harmful behavior.
Recognizing these patterns is key to preventing child sexual abuse and protecting children from further harm.
According to The National Child Abuse and Neglect Data System (NCANDS), in 2005, 9.3% of child abuse and neglect cases also involved sexual abuse [1].
Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape - The US Department of Justice
Sexual offenses include:
- Fondling the victim
- Forcing the victim to touch sexual body parts
- Penetrating a victim with a penis or an object that’s not used for a medical purpose
Non-touching sexual offenses include:
- Indecent acts, such as exposure or exhibitionism in front of a person
- Making a person watch pornographic material
- Making a person watch masturbation or sexual intercourse
Sexual abuse can happen to a child or an adult, such as in an abusive working environment, quid-pro-quo harassment, and more. In most cases, child sexual abuse lasts for a certain time period. Rape and sexual abuse are different as well. Sexual abuse becomes rape only if penetration is involved.
Also Read: What is Lewd and Liscivious Conduct?
Molestation
Child molestation involves inappropriate sexual touching of minors under 16, often younger children. This includes touching areas such as breasts, genitals, or buttocks. Legally, minors cannot consent to sexual activities, making such contact a serious crime.
Molestation acts involve:
- Touching of child’s sex organ
- Forcing a child to perform an oral sex act or oral penetration
- Exposing genitalia
- Taking pornographic photos of the child
- Statutory rape — When one person is below the age of consent [2]. It can also result in aggravated rape, when serious bodily injury is caused, usually due to physical force.
Molestation is also used when incest happens by a relative, where a family member is a minor. Same as sexual abuse, molestation is seen as rape only when there’s penetration.
Related Article: Romeo and Julie Law
Sexual Abuse vs. Molestation - Key Differences
Both of these terms include sexual harassment. The legal definition of sexual abuse also includes molestation as a type of sexual violence.
The most important difference between sexual abuse and molestation is the child’s age.
Sexual abuse can happen to people of all ages, but molestation only happens to individuals under the statutory age — 16 or 18 years old, depending on the state.
Many cases of sexual coercion start as child molestation and then develop into sexual abuse when a victim is made to perform sexual conduct over time. Also, child sexual abuse is used for institutionalized abuse when a certain organization covers up years of sex crimes.
Both child sexual abuse and child molestation include sexual harassment and unwanted sexual attention, such as:
- Unwanted touching in a sexual way
- Touching a child’s genital area, or breasts in females
- Fondling a child
- Forcing a child to perform oral sex
- Penetration and rape
- Sodomy
- Child pornography
- Indecent exposure
- Forcing a child to watch pornography
- Masturbating in front of a child
Legal Consequences of Child Molestation and Sexual Abuse
If a person is charged with sexual abuse or molestation of a child, they face prosecution according to state laws. For example, indecency is considered a felony offense, not a civil offense.
The primary difference between civil and felony offenses is that in the case of a felony charge, the defendant can spend time in jail.
The offender can spend 5 to 99 years in prison if convicted of a sexual assault of a child on a first-degree felony.
For example, in Georgia, a first-time offender for child molestation can receive a prison sentence ranging from 5 to 20 years [3]. Subsequent offenses can result in even harsher penalties, with imprisonment ranging from 10 to 30 years. These severe legal consequences underscore the seriousness of child molestation and its impact on offenders’ lives.
Even after the punishment is served, the felon has to comply with the Sex Offender Registration Program.
Steps to Take if You Suspect Child Molestation or Sexual Abuse
If you believe a child is a victim of molestation or sexual abuse, it’s crucial to act immediately. Contact local child protection services or the police to ensure the child’s safety and prevent further harm. Early intervention helps start the healing process for the child.
Reporting to Authorities
Inform local child protection services or the police as soon as you suspect abuse. Prompt reporting is vital for the child's safety and can initiate an investigation to protect the victim.
Seeking Professional Help
Seek legal and psychological support for the child and their family. Professional assistance helps navigate both emotional recovery and the legal process.
Supporting the Victim
Providing emotional support and a safe environment is key to the child’s healing. Professional guidance helps both the victim and their guardians through the recovery process.
Related Articles:
- Indecent Exposure Definition
- Child Molestation Statute of Limitations
- What is 2nd Degree Sexual Assault?
See all related sexual abuse lawsuits our lawyers covered so far.
FAQs
How to prevent sexual harassment of a child?
A parent or a guardian can prevent sexual harassment of a child. Pay attention if a child wants to stay away from a specific person and if the person shows sexual interest in the child. Look for signs and symptoms of a sexual relationship, such as diseases transmitted by sexual relations, genital injuries, or bloody undergarments.
How are sexual assault and molestation cases different legally?
Sexual assault is a broader term that can apply to various non-consensual sexual acts committed against adults or minors. Molestation specifically refers to sexual misconduct or inappropriate contact with a child. Because of the age of the victim, molestation cases often involve harsher penalties and stricter legal standards to protect minors.
How do sexual assault and molestation cases affect custody and parental rights?
A person convicted of sexual assault or molestation, especially involving a child, may face restrictions on their parental rights, including loss of custody or visitation. Courts prioritize the child’s safety and well-being in these cases, which can lead to long-term or permanent removal of parental rights.
Can victims of sexual assault or molestation sue for damages?
Yes, victims of sexual assault or molestation can file a civil lawsuit against the perpetrator to seek compensation for medical bills, therapy, emotional distress, and other related damages. Civil suits can be pursued alongside criminal charges.
Hire a Trustworthy Attorney
Both molestation and sexual abuse happen without giving informed consent. The main difference is that molestation concerns younger children, while sexual abuse can concern people of all ages. If someone you know has been sexually assaulted, look for legal representation.
Lawyers in the law firm Schmidt & Clark, LLP know how delicate these cases are and will provide a trustworthy attorney-client relationship. Contact us today and get free legal advice for your case.
References:
- https://www.cps.gov.uk/legal-guidance/child-sexual-abuse-guidelines-prosecuting-cases-child-sexual-abuse
- https://www.cga.ct.gov/2003/olrdata/jud/rpt/2003-r-0376.htm
- https://gdc.georgia.gov/document/standing-special-analyses/standing-report-sexual-offenses/download