Sexual Assault and How the Laws Protect You

Each state has its own laws regarding sexual assault there can be some differences among states. Definitions may vary from groping to sexual assault and battery or attempted rape. No matter what state it is, however, this crime involves unwanted and offensive touching of a sexual nature and it is considered criminal behavior in most state.

Even though the wording each state uses in the laws may differ from those of other states as well as the exact definition may not be the same, there are shared elements in the laws. Due to those activities that are different, it's always best to check how the local laws are worded to get the answers to any questions about what is considered sexual assault.

Proving Charges

Typically, this crime is one in which a person forces sexual contact with a victim. The victim often is faced with threats of violence or rendered defenseless for some reason. Some people are not able to know very well what is being done to them because of mental disabilities. In these instances, even if the victim seemed willing, they are usually considered a victim of criminal sexual assault. Those who are physically disabled are often unable to defend themselves or offer any resistance may also be considered victims.

When a person is not able to avoid sexual contact, that individual can be considered a victim. Date rape drugs, recreational drugs and alcohol can render someone unable to make decisions in the rational manner. Because of this, being under their influence produces a person unable to give legal consent to any sexual activity with someone else.

Now days, the laws regarding sexual contact of the unwanted nature are worded so they cover unconsented sexual contact irrespective of gender or age. For this reason, nonconsensual sexual contact can involve two children or any combination of adults and is not limited to such contact being between adults of opposite genders or children and adults.

The term sexual assault can be used in some states to refer to a number of different sex related crimes. It may refer to unwanted contact of the sexual nature of any type, including rape. Some states might be more definitive in assigning severity quantity of a crime. One example is forced sexual touching, including groping, may be considered a misdemeanor whilst it takes sexual penetration that need considering first degree felony sexual assault. Types of unwanted sexual conduct falling backward and forward will have degrees of seriousness assigned based on where they fit in the progression of activity.

Federal Law

Spousal sexual assault can be covered by laws in many states. States play one or more of these three ways of addressing this.

Eliminating exemptions in position in current laws covering spousal assault.
Eliminating marriage as a defense against spousal sexual assault.
Transform it into a standalone crime by itself.
While laws exist in each state with some variations, laws also exist on the federal level. They're much the same as those shown above. Federal law forbids any sexual contact that is forced on a person or performed with an incapacitated individual. It is the responsibility of everyone to know the laws governing sexual assault and realize that failure to abide by them can result in being charged with a crime.

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