Sexual assault is a deeply traumatic violation that encompasses a range of behaviors defined by the absence of consent. Survivors of sexual assault are affected physically, emotionally, and psychologically, and they often experience damaging feelings of shame, fear, and isolation in the long term. On the flip side, the alleged perpetrators face severe legal ramifications, reflecting society’s recognition of the crime’s profound harm.
Indeed, modern legal systems take a hard stance against sex crimes, classifying most of them as felonies. Interpreters of the law are constantly adapting to recognize the complexities surrounding relationships, power dynamics, and the impact of trauma on memory and reporting. However, navigating the legal system can be challenging in these cases because survivors struggle to accurately recount their traumatic experience or don’t report the incident for fear of retaliation or societal stigma.
Yet if you remove all the complications from each situation, the crux of every argument in sexual assault is whether both parties provided their consent. The word assault implies a violent attack or overt physical force, but it’s important to understand that there are a variety of behaviors that can be considered sexual assault or sexual harassment but are often dismissed or minimized, leading to significant trauma and unresolved justice.
Some alternative examples of sexual crimes include:
- Unwanted touching or groping: Even if not overtly violent, touching or groping someone’s body without their consent—such as at a party, on public transportation, or in the workplace—can constitute sexual assault. This often accompanies unwanted verbal advances, but it can also occur suddenly without the buildup of sexual harassment.
- Non-consensual kissing: Forcing a kiss or engaging in other intimate physical contact without the other person’s explicit consent is a form of sexual assault.
- Coercion into sexual acts: Pressuring or manipulating someone into engaging in sexual activity through threats, emotional manipulation, or guilt-tripping, even if no physical force is involved, can still be sexual assault. This can also apply to situations where someone uses their position of power (like a boss, teacher, or coach) to persuade a subordinate into sexual activity.
- Sexual activity with an incapacitated person: Engaging in any sexual activity with someone who is too intoxicated, unconscious, asleep, or otherwise unable to coherently agree to the act is sexual assault, regardless of prior relationship or perceived consent.
- Sexual activity with a minor: People under the age of 18 cannot give valid consent to sexual acts. Molestation of a child is an obvious crime by itself, but in the eyes of the law, sexual relationships between someone over the age of 18 and someone who is barely under the age of 18 could be treated as assault.
- Stealthing: This involves the non-consensual removal of a condom during intercourse, violating agreed-upon boundaries and consent.
- Non-consensual sexting or sexual messages: Sending explicit sexual content to someone without their consent, even digitally, can be a form of sexual violation.
- Unwanted sharing of intimate images: The act of distributing or threatening to distribute private sexual images or videos without consent, sometimes referred to as “revenge porn,” can be a form of sexual violence.
- Indecent exposure: Forcible display of genitalia or accidentally being found naked in an area where it’s reasonably expected for people to be wearing clothes can be considered a sex crime.
- Showing someone sexual acts without consent: Forcing or tricking someone into watching pornography or sexual acts without their consent can be considered sexual assault, especially if it causes distress or harm.
The legal process for sex crimes may include criminal trials, civil lawsuits, and restraining orders. If found guilty, a person will likely face significant jail time, depending on factors like the severity of the crime and criminal history, and be ordered to register as a sex offender for life, which is public record for anyone to see, including potential landlords and employers. Understanding the legal implications of sexual assault and related sex crimes is crucial from all perspectives, from the prosecution to the defense to the victims, so that justice and safety are preserved.
LaHood Norton Law Group is highly experienced in criminal defense law and employs former prosecutors who are familiar with both sides of the courtroom. If you believe you have a case requiring legal representation, visit LaHood Norton Law Group online or call (210) 797-7700 to schedule a free and private consultation.
Victims of sexual assault or harassment are encouraged to report the incident to the police, tell a trusted adult or peer, and contact the National Sexual Assault Hotline for help.
This article is educational in nature and does not constitute official legal advice.