320 Years of History
Gold Member
In the wake of Trump's remarks on the Access Hollywood bus, there's been a lot of talk about whether the attitudes and ideas Trump holds, and thus the actions he describes in words, constitute sexual assault. I think that for too many folks, what sexual assault is is limited to a very narrow set of actions. The fact is that under U.S. law, there are various forms of sexual assault.
As one can see from the above, sexual assault occurs whenever there is any form of touching that is not welcomed. It doesn't matter who makes the unsought/unwanted physical contact. One need not like that the law does not construe the nature and extent of resistance as an indicator of consent or lack thereof. One need not like that the law requires intent (mens rea) to obtain sexual satisfaction as part of determining whether a given touching -- no matter the nature, extent or locus of it -- sexually assaults another or does not. The fact is that is how the law stands.
Sexual assault is any form of sexual contact in which a person is tricked, lured, bribed, or forced into without his/her consent. The assault can come in different forms, such as visual, verbal, or physical. Anyone can perpetrate sexual assault, including a neighbor, family member, superior, acquaintance, clergy member or stranger. Sexual assault is most often a felony crime and it is punishable by prison time.
There are different degrees of sexual assault, which are based on the amount of force the aggressor uses and the amount of harm that is inflicted on the victim. It's important to understand that the degrees of sexual assault are not based on how much the victim resists. First, second, and third degree sexual assaults are all felonies and encapsulate the offenses of sexual intercourse or sexual contact without consent, through the threat or use of force or violence. These include assaults that have been aided and abetted by more than one person, that are accompanied by or incur injury, that cause the transmission of a disease or the impairment of a reproductive organ, that cause mental anguish, and that involve the mentally ill or deficient.
Forms of sexual assault without force include groping in crowds, and peeping or photographing in secret, which may not induce fear or force due to their nature. In order to determine if it was sexual assault, the lack of compliance on the part of the victim, and the intent to instigate sexual satisfaction on the part of the perpetrator, are called into question.
There are different factors that have to be considered in a sexual assault case in order to reach a guilty or non-guilty verdict. One of these factors is whether the sexual contact or intercourse was consensual. Consent is defined as the words or clear actions by a person suggesting a voluntarily given agreement. It can be challenged as part of the criminal defense due to the gray areas surrounding what is consensual.
The victim's past sexual conduct, such as their lifestyle choices, contraception practices, and living arrangements are also brought to light during a trial. There is also spousal sexual assault, and just because a person is married doesn't mean they can't be a victim of sexual assault from their spouse.
There are different degrees of sexual assault, which are based on the amount of force the aggressor uses and the amount of harm that is inflicted on the victim. It's important to understand that the degrees of sexual assault are not based on how much the victim resists. First, second, and third degree sexual assaults are all felonies and encapsulate the offenses of sexual intercourse or sexual contact without consent, through the threat or use of force or violence. These include assaults that have been aided and abetted by more than one person, that are accompanied by or incur injury, that cause the transmission of a disease or the impairment of a reproductive organ, that cause mental anguish, and that involve the mentally ill or deficient.
Forms of sexual assault without force include groping in crowds, and peeping or photographing in secret, which may not induce fear or force due to their nature. In order to determine if it was sexual assault, the lack of compliance on the part of the victim, and the intent to instigate sexual satisfaction on the part of the perpetrator, are called into question.
There are different factors that have to be considered in a sexual assault case in order to reach a guilty or non-guilty verdict. One of these factors is whether the sexual contact or intercourse was consensual. Consent is defined as the words or clear actions by a person suggesting a voluntarily given agreement. It can be challenged as part of the criminal defense due to the gray areas surrounding what is consensual.
The victim's past sexual conduct, such as their lifestyle choices, contraception practices, and living arrangements are also brought to light during a trial. There is also spousal sexual assault, and just because a person is married doesn't mean they can't be a victim of sexual assault from their spouse.
As one can see from the above, sexual assault occurs whenever there is any form of touching that is not welcomed. It doesn't matter who makes the unsought/unwanted physical contact. One need not like that the law does not construe the nature and extent of resistance as an indicator of consent or lack thereof. One need not like that the law requires intent (mens rea) to obtain sexual satisfaction as part of determining whether a given touching -- no matter the nature, extent or locus of it -- sexually assaults another or does not. The fact is that is how the law stands.
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