Did you know that one person in the US is sexually assaulted every 98 seconds? That amounts to a staggering 570 incidents every single day.
Sadly, the real numbers are even higher, as the recent #MeToo movement has proved.
With so much talk of sexual assault, though, there’s still a lot of confusion over what exactly that involves. Is sexual assault the same as sexual harassment? What about rape or sexual abuse–do they all overlap, or are they different too?
If you’re wondering about the difference between sexual harassment and sexual assault, you’ve come to the right place. In this post, we’ll discuss sexual harassment vs. sexual assault–and why it’s important to know the difference.
Defining Sexual Harassment
Before we begin, let’s make one thing clear. Whether we’re discussing sexual harassment or sexual assault, both types of misconduct are illegal.
The main difference between sexual harassment and sexual assault is that harassment is a civil matter. Most sexual harassment claims arise from workplace disputes.
Sexual assault, on the other hand, is always a criminal offense. In the state of Texas, it is (at minimum) a second-degree felony.
What does this mean in plain English?
Let’s start by defining sexual harassment. In general, sexual harassment falls into one of three categories.
1. Unwanted Sexual Attention
This is a broad category that includes many types of behavior. The determining factor is that the recipient views the behaviors as unpleasant and unwelcome.
Common examples include:
- Unwanted physical contact
- Unwanted groping, fondling, or touching
- Unwanted kissing or hugging
- Relentless pressure for dates or sexual favors
- Inappropriate jokes, photos, or videos
The US Supreme Court dictates that these behaviors must be severe and frequent enough to create an abusive or hostile working environment.
2. Gender Harassment
Unlike the sexual attention outlined above, gender harassment is based solely on one’s gender. Rather than expressing sexual interest, this type of harassment disparages someone based on their gender.
This might include making degrading comments about someone’s body, appearance, or sexual preferences. It also includes using crude sexual terms, such as calling men “pussies.”
Sexist behavior and comments also fall under this category. For example, someone might say that women aren’t cut out for leadership or that men have no place in childcare.
3. Quid Pro Quo Harassment
Although rare, this is what many think of first when they hear the term “sexual harassment.”
In quid pro quo harassment, an employee’s job (or job status) becomes contingent upon sexual cooperation.
One example could be, “I’ll give you a raise or promotion if you sleep with me.” It could also come as a threat like, “If you don’t sleep with me, you’re fired.”
Defining Sexual Assault
When does sexual harassment cross over into sexual assault?
Actions that definitely count as sexual assault include penetration of the private parts or mouth without the victim’s consent. The penetration can be with an object or with any part of the attacker’s body.
By this definition, both rape and sexual abuse count as sexual assault–but we’ll discuss these later.
What about instances of unwanted physical contact that don’t involve penetration? What if the victim is groped or forced to touch the perpetrator inappropriately? What if the perpetrator simply exposes himself or herself without touching the victim?
Is this still considered sexual assault? Is it possible to be charged both criminally and civilly?
This is where it starts getting tricky. Laws on sexual harassment vs. sexual assault vary by state. What’s considered harassment in one state could be classified as assault in another, and vice versa.
If someone has accused you of sexual assault–regardless of the circumstances–you need to contact a lawyer. They can advise you on your rights and help you navigate the complicated world of criminal law.
Defining Sexual Abuse and Rape
Since we’re discussing common legal terms, let’s clear up two more: sexual abuse and rape.
As mentioned, sexual abuse and rape both fall under the broader umbrella of sexual assault. Each of these terms, though, refers to specific situations.
Sexual Abuse
Sexual abuse is used to describe any inappropriate sexual conduct with a minor. Every state has laws in place that recognize a minor (under 16 or 18, depending on the state) is never legally capable of giving consent to a sexual act.
As a form of sexual assault, sexual abuse can take many forms. These include:
- Touching the victim in a sexual way
- Forcing the victim to touch the perpetrator inappropriately
- Exposing one’s self to the minor
- Forcing the child to watch a sexual act
As with other types of sexual assault, sexual abuse is a criminal offense.
Rape
What about rape? How does it tie into these other acts?
The FBI defines rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
The law regarding rape is gender-neutral, meaning that any person (regardless of gender) can become a victim.
Interestingly, the law says nothing about the relationship between the victim and the perpetrator. It could be two strangers, but it could also be friends, acquaintances, or family members.
Rather than brute force, the issue that comes into question in rape cases is consent. Was the victim drunk, asleep, drugged, or otherwise incapacitated? If the victim was not in a position to dictate what happened to his or her body, it’s classified as rape.
Sexual Harassment vs. Sexual Assault: Now You Know
Although many of these terms are related (and used interchangeably), the law views them differently. Now that you know the difference between sexual harassment vs. sexual assault, what’s next?
Are you being threatened with a case of sexual assault or harassment? Is someone falsely accusing you of a sex crime you didn’t commit?
In either case, you could benefit from the help of an experienced defense attorney. Request a free consultation with Criminal Defense Attorney Mario Madrid:
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