What Is Sexual Assault? Understanding Legal Definitions and Impact

Sexual assault is prevalent and happens every day, mostly to women and girls. Survivors of sexual assault suffer not only physically but emotionally, having been impacted negatively in their future development and growth. Some are diagnosed with PTSD (Post Traumatic Stress Syndrome) and other disorders. As a result, society as a whole is affected as these survivors often do not reach their full potential because of the trauma.

Sexual Assault Definition

The legal definition of “sexual assault,” per the U.S. Department of Justice Office of Violence Against Women (OVW), means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. Simply put, the sexual assault definition refers to sexual contact or behavior that occurs without explicit consent of the victim.

RAINN (Rape, Abuse and Incest National Network) is the nation’s largest anti-sexual violence organization. Per RAINN, the forms of sexual assault include:

Attempted rape;
Fondling or unwanted sexual touching;
Forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body;
Penetration of the victim’s body, also known as rape.

The definition of forced penetration is unlawful sexual activity, most often involving sexual intercourse, against the will of the victim through force or the threat of force or with an individual who is incapable of giving legal consent because of minor status, mental illness, mental deficiency, intoxication, unconsciousness, or deception.

Not all jurisdictions define and punish sexual assault the same way, either civilly and criminally. Most sexual assault cases are prosecuted at the state level, and some cases are filed as federal sex crimes.

Sexual violence comes in many forms and is pervasive. A form of sexual violence is sexual harassment, unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. Sexual abuse is any sexual activity that occurs without consent. Also referred to as sexual assault or sexual violence, it includes unwanted sexual touching and forced penetrator, among other sexual acts. Sexual harassment can occur in the workplace. Sexual battery is non-consensual touching of the intimate parts of another. The specific elements of battery vary from state to state.

What is Considered Sexual Assault?

You can be caught off guard and suffer a sexual assault before you even realize it. You trust your doctor, your driver after a night out, your church, and even the app on which your child plays what you thought were innocent games, among others. It is shocking to experience that uncomfortable “feeling” when you know something is not right, especially when trust is involved.

Sexual assault by a predator doctor can include many types of inappropriate behaviors, including but not limited to:

Lingering touches;
Refusal to allow family/friend/nurse in the room;
Refusal to answer questions about what they’re doing;
Refusal to ask your permission;
Having an erection while examining the patient;
Overtly or intrusive sexual questions/comments.

These predator doctors often feel they are “protected” by their white coat. However, survivors are finally coming forward to help prove that the coat doesn’t make them immune to the law.

When you book a ride, your safety is on the driver’s integrity from Point A to B. Uber claims that more than 99% of its billions of trips annually are uneventful, but the percentage that go wrong mean thousands of scenes in the backseat after a driver veers from the route and parks in the dark. You never imagine that your driver will expose himself or grope you.

Uber’s evolving in-app safety features have also been impressive since 2019, not just with driver details before you get in but after you’re inside the vehicle, including capability to videotape the entire trip, 9-11 panic button, ability to contact a live ADT security agent if you sense something is off, and Rapid SOS (remote route tracking sensors). Lyft has added improvements, as well.

Roblox is a gaming app developed for children. Parents believe that Roblox is safe and that there are safeguards put in place to help protect them. Unfortunately, that is not the case, and children are often blackmailed, abducted, groomed, and abused by people they have met via Roblox. Parents, be aware of what your children are doing on the internet.

A Case of Women was founded to help educate women (and men) about their civil, legal options after experiencing sexual assault associated with the organization, business, or other entity. Please be alert and trust yourself when you believe that something or someone is not right. Filing a lawsuit is a way to hold a company or institution accountable for the harm suffered. Lawsuits help to create lasting, powerful change and empower women to find their voice, thus facilitating healing.

Impact and Consequences

Any type of sexual violence is a problem and can lead to shock, fear, sadness, and in some cases, an anxiety or depressive disorder. But therapy, coping skills, and social support can relieve the burden and help survivors heal. Per Psychology Today, “Sexual abuse can be traumatic. In the two weeks following an assault, 94 percent of women in one study reported experiencing symptoms of post-traumatic stress disorder such as flashbacks, insomnia, hypervigilance, and avoidance. They also struggled with anger, anxiety, and depression. Establishing healthy relationships with non-judgmental loved ones can help a survivor move forward.

Raising Awareness and Preventing Sexual Assault

According to SIECUS (Sex Ed for Social Change), “Sex education is essential to ensure that young people have the information they need to make healthy decisions. According to the United Nations Educational, Scientific and Cultural Organization (USESCO), the primary goal of sex education is to equip young people with the knowledge and skills to make responsible choices about their sexual and social relationships.” Education together with open dialogue is important to prevent sexual assault from happening in the first place. Community members can work to prevent sexual violence by establishing healthy and positive relationships that are based on respect, safety, and equality. Engaged bystanders are essential in preventing sexual violence.

The Pennsylvania Coaliton to Advance Respect in “A Guide for Friends and Family of Sexual Violence Survivors” recommends that upon encountering a survivor of sexual violence, among other things, you should remain calm, believe the survivor, give the survivor control by empowering the victim to make decisions about what to do next, be available for the survivor to express feelings, assure the surivor of your support, and maintain confidentiality.

We Are Here For You.

Seeking Justice for Survivors

Survivors of sexual violence face many challenges when seeking justice through legal avenues:

Prosecutors deeming a case “un-winnable”;
Behavior of victims is misconstrued;
Victims are deemed “uncooperative” or “unreliable,” when in fact their behaviors are symptoms of trauma.

A Case for Women understands the obstacles women face and has fought the good fight since 2016, aligning its mission with socially conscious issues, like sexual assault by doctors, such as Dr. David Broadbent and Dr. Fabio Ortega, and Roblox, a gaming app developed for children. Because of A Case for Women’s mission to empower women, lawsuits have been filed, shedding light on the issues and helping survivors seek justice.

A Case for Women believes in the importance of holding perpetrators accountable for their actions and in supporting survivors throughout the legal process.

What is Sexual Assault?