Sexual assault is more prevalent than one may think. 1 in every 5 American women admit to having experienced some type of sexual assault in their lifetime. Despite increased awareness and education, the numbers continue to be a concern, especially considering that many don’t report their experiences out of shame and fear.
While most agree that such actions are unequivocally wrong, the lines of consent can become blurred — sometimes unintentionally — if people are unaware of the law. Victims may not always recognize that they have been assaulted. Additionally, there are instances where individuals are wrongly accused of such heinous acts.
Understanding the legal framework surrounding sexual assault and unwanted sexual contact is critical, both for protecting oneself and for aiding others in need.
What Defines Sexual Assault?
The answer to what sexual assault is can vary from state to state. However, a sexual assault definition generally constitutes any action constituting oral, vaginal, or anal penetration, regardless of intensity, brought on by finger(s), tongue, penis, or any object, without consent. It also includes oral copulation defined as genital to mouth or mouth to genital contact, without consent.
How Do Laws Define Unwanted Sexual Contact?
Unwanted sexual contact is any intentional sexual touching — over or under clothing — of the buttocks, groin, breasts, or any other body part, without the recipient’s consent. It also includes acts such as ejaculation onto another person’s body or clothing without consent. The intent behind the touching must be to harass, abuse, or satisfy sexual desire. Sexual assault can occur anywhere, even during a massage therapy session.
To clarify, consent must be clearly provided, willingly, and knowingly, as well. Whether written or depicted via actions, it should clearly indicate explicit consent. It’s important to note that not resisting or being silent does not constitute consent.
A person cannot legally consent to sexual activity if they are:
- Coerced or manipulated
- Incapacitated (due to unconsciousness, sleep, or physical restraint)
- Mentally disabled
- Under the influence of alcohol or drugs
- Under 18 years of age
Reporting Unwanted Sexual Contact as Assault
After an assault has occurred, victims may fear their abuser, feel ashamed, and/or not initially recognize that they have been violated. However, seeking justice has helped many regain control and recover. Even if the assault occurred years ago, it may still be possible to report the crime.
Here’s how to report sexual assault:
- Call 911 — If you are in immediate danger, dial 911 for emergency services.
- Get in touch with local law enforcement — If you are on a college campus, reach out to your Title IX coordinator or campus security. If the assault occurs in a place of employment, notify your HR department or designated supervisor. In all other cases, file a police report, providing as much detail as possible about the incident.
- Get medical help — If you have injuries, inform the attending medical professional that you wish to report a crime. You may also opt for a forensic exam in order to collect evidence. To locate nearby health facilities that offer this service, call the National Sexual Assault Hotline at 800-656-HOPE (4673).
- Seek legal help — Understanding the legal process is vital and empowering, but it could also be complicated and overwhelming. Legal professionals who specialize in sexual violence cases can guide you through the reporting process, educate you on rights, and advocate for you. Depending on the intricacies of the case, the statute of limitation can run out, meaning that you have limited time to file a case. Acting as soon as possible is best to do.
Legal Consequences for Sexual Assault
Consequences for a sex-related crime can be severe and may have a far-reaching impact. A prosecution could result in jail, fines, and mandatory registration as a sex offender. Civil lawsuits can also follow, resulting in financial damages and penalties that are awarded to the victim. Additionally, the assailant can face restraining orders and other legal repercussions.
If you or someone you know has been sexually assaulted, Contact Lipinski Law for a free, confidential consultation today. Our team is committed to holding offenders accountable and to helping you achieve the justice that you deserve.
Lipinski Law is based in Jupiter, FL, and proudly serves clients throughout Palm Beach County, including but not limited to Jupiter, Tequesta, Palm Beach Gardens, North Palm Beach, and West Palm Beach. We also accept cases throughout the state of Florida.