What Is the Difference Between Sexual Assault and Sexual Abuse?

Whether you or a loved one has suffered sexual assault or sexual abuse doesn’t really matter when someone is experiencing either one.  The two terms — sexual assault (SA) and sexual abuse — are often used interchangeably but also are often confused.  While related because the harm to a person (adult or child) is of a sexual nature, the two terms carry distinct legal and social meanings.

A Case for Women (ACFW), a women-owned organization founded in 2015, compassionately listens to the survivor’s story before connecting her with an equally passionate law firm that has the resources and expertise to file a lawsuit that will create lasting and powerful change for them and those that will follow.

A Case for Women supports the survivors of sexual assault and sexual abuse as they navigate through the emotional toll the harm has exacted on them, pointing them to helpful resources that are available.  There are excellent resources specifically for the survivor of sexual assault and sexual abuse, and these resources will be provided at the end of this article.

It is important to understand sexual assault vs. sexual abuse, the definitions of each term, and to compare their differences.

Defining Sexual Assault

The sexual assault definition defines a sexual assault as a specific physical act of unwanted sexual contact that occurs without consent.  According to the Office on Violence Against Women, the term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.  State laws vary in the definitions used for sexual assault, however, the sex act is neither consensual nor wanted.  Sexual assault can involve anything from workplace verbal harassment to full-on assault. The bottom line is ANY UNWANTED SEXUAL ADVANCE = ASSAULT.

Examples of sexual assault include unwanted or forced touching, groping, or fondling, rape and attempted rape, usually with an adult. Perpetrators of these types of sexual violence use their power by instilling fear in the victim to remain silent and prey on the vulnerable and even the strongest among us.  But the most important thing a survivor of sexual assault can do is to NOT stay silent.  Although the victim may feel intimidated, it is empowering to stand up, tell her story, and file a civil lawsuit against the institutions that facilitated and/or enabled the predator(s).  The team at A Case for Women respectfully listens to the survivor’s story without judgment and guides her gently through the legal process.

And the statistics are alarming.  Non-consensual sex (attempted or completed) – also referred to as rape – is experienced by one in five women in the United States at some point in their lives.  The National Sexual Violence Resource Center (NSVRC) also reports that one in three female victims of completed or attempted non-consensual sex experienced it for the first time between the ages of 11 and 17.

Defining Sexual Abuse

The sexual abuse definition is broader and can include ongoing patterns of mistreatment, manipulation and exploitation.  Sexual abuse does not always involve physical force but may include emotional or psychological control, especially  in cases involving minor children.  A power imbalance could include a teacher over her students or a doctor and his patient.  Sexual abuse by medical professionals is a serious violation of your trust, your body, and the law.  Examples of doctors who crossed the line are Dr. David Broadbent, Dr. Barry J. Brock, and Dr. Fabio Ortega.

Some sexual abuse examples are online gaming platforms, the Catholic Church, Long-Term Care Abuse, the Boy Scouts, and many others.

Key Differences Between Sexual Assault and Sexual Abuse

There are distinctions between sexual assault and sexual abuse although the terms are often used interchangeably.  Sexual assault is often a single incident while sexual abuse can describe more far-reaching or progressing mistreatment.  A specific example of sexual assault would be the violent rape of a person by a stranger or even an acquaintance or family member, the rape of course being nonconsensual.  Other sexual assault examples are by doctors (more than just one doctor), online dating apps, rideshare, and many others.  Sexual abuse takes place when a person knowingly causes another person (usually a minor child) to engage in a sex act by threatening or placing the other person in fear, or if someone engages in a sexual act with a person who is incapable of appraising the nature of the act or unable to give consent (a vulnerable or disabled adult in a nursing home).  A trusted coach or teacher are authority figures and can abuse and exploit a vulnerable child.  Even a parent or family member can sexually abuse a child.

Because legal terminology can vary by jurisdiction, below is a small comparison outline of the differences of sexual assault terminology in three different states:

TEXAS – sexual assault is generally defined as any non-consensual, unwanted sexual contact against another person involving penetration. Lack of consent can include physical force, threats of violence, coercion, and even manipulation.

CALIFORNIA defines sexual assault as touching another in public or in private, for the purpose of sexual arousal, sexual gratification, or sexual abuse.

ILLINOIS defines sexual assault as 1) sexual penetration and a) uses force or threat of force; b) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent; c) is a family member of the victim, and the victim is under 18 years of age; or d) is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.

In some cases, however, the same situation may be classified as both abuse and assault depending on the circumstances.  For example, a medical doctor abuses a patient, sometimes unknowingly to the patient, by touching an intimate part without gloves and by functioning as an agent of control (power dynamic).  It becomes sexual assault, as defined by the NATIONAL INSTITUTES OF HEALTH (NIH), as any kind of sexual activity, contact, or experience that happens without your consent. That means the sexual activity happens even though you don’t agree to it.

Sexual assault may happen with:

Sexual assault is typically a criminal offense.  Of course there are some exceptions in all three states mentioned.

In Texas, per RAINN (Rape and Incest National Network) – the nation’s largest anti-sexual violence organization – Second degree felony: 2-20 years’ imprisonment; maximum fine of $10,000; First degree felony if actor was prohibited from marrying or purporting to marry victim or prohibited from living under the appearance of being married: 5-99 years’ imprisonment; maximum fine of $10,000; or if a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under § 25.02; or a state jail felony if the actor has not received express consent (not applicable to sexual assault against a child): 180 days-2 years’ imprisonment; maximum fine of $10,000; if a deadly weapon was used or exhibited during the offense or immediate flight from the offense, or the individual was previously convicted of a felony, punishable as a third degree felony (2-10 years’ imprisonment and maximum fine of $10,000).

In California imprisonment in the state prison for two, three, or four years and a fine not exceeding ten thousand dollars ($10,000).

In Illinois criminal sexual assault is a Class 1 felony (punishable by a determinate sentence of not less than 4 years but not more than 15 years, and of at least $75 but not more than $25,000 for each offense).

At the same time, sexual abuse can be pursued in civil or family law cases.  Institutions may be held legally responsible in a civil matter for abuse of a person that was under its care.  People abused as children can file lawsuits against the organizations responsible for their well-being.  School administrations should have known abuse was taking place and can be held responsible.

Because the differences between sexual abuse and sexual assault are sometimes hard to differentiate and the definitions of sexual abuse and sexual assault differ by state, legal advice should always be sought from a knowledgable and competent lawyer.  Seeking a lawyer and coming forward with a serious allegation like sexual abuse or sexual assault can take a toll on a person’s emotional health.  It would be  wise to consider professional therapy or counseling to cope with the trauma of not only the sexual assault itself but coming forward with the very serious allegation of sexual assault.

However, the importance of accurate terminology cannot be stressed enough because it influences survivor advocacy, shapes public understanding, and affects legal outcomes.  The following resources with precise language provide support for survivors of sexual assault:

Rape, Abuse, and Incest National Network (RAINN)
RAINN’S National Sexual Assault Hotline
Call 800-656-HOPE
Online Chat:  https://www.rainn.org
Text HOPE at 66743

National Sexual Violence Resource Center (NSVRC)

Sexual Assault Kit Initiative (SAKI)

The NSRVC maintains a Directory of Organizations that lists state and territory sexual assault coalitions and victim/survivor support organizations.  This could be a tremendous resource for survivors.

The organization, A Case for Women (ACFW) is a refuge for change. ACFW creates a safe space for survivors of sexual abuse to come and share their story and be educated about filing lawsuits.  They are then empowered and realize that one person can create change that touches others.  Lives are changed, laws are changed or created, harmful products are removed from shelves, and women become stronger in their womanhood.  However, if a survivor is struggling and needs emotional support, ACFW provides the resources to help by citing credible third party sources, such as RAINN (Rape, Abuse, and Incest National Network and NSRVC (National Sexual Violence Center).  A Case for Women is a supportive ally to survivors while at the same time building trust, empowering women, and making our world a safer place.