Luke, and the dozens of women who have accused Bill Cosby of rapestories of sexual assault have been dominating the news cycle. And most of them, like the many incidences experienced by regular women every day, are legally complicated, and controlled by varying statutes of limitations and burdens of proof. The laws surrounding sexual assault change state to state in some cases, and many of the cases never make it to criminal court, even when the victim has physical evidence against her attacker.
Sexual Violence is any form of unwanted, unwelcome or coercive sexual behavior. A victim who is unable to consent is someone:. Sexual Assaultoften referred to as rape, is legally defined differently in each state.
According to the Penal Code Sectionthose who committed rape will be punished with imprisonment for a term up to 20 years with whipping. Besides that, punishment with imprisonment for a term up between 10 to 30 years along with whipping can be imposed on those who committed rape under these circumstances:. Punishment of imprisonment for a term between 8 to 30 years with whipping not less than 10 strokes can be imposed upon the rapist who committed the offence under the circumstances that he is not permitted to marry the woman under the law, religion or custom.
Sexual assault is an act in which a person intentionally sexually touches another person without that person's consentor coerces or physically forces a person to engage in a sexual act against their will. Generally, sexual assault is defined as unwanted sexual contact. Sexual assault takes many forms including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats. Usually a sexual assault occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent.
Sexual assault is when someone, without your consent, touches or penetrates you sexually. Touching, such as rubbing a breast, vagina, penis or buttocks, even if it is through clothing, is called "sexual contact. Another sexual assault crime occurs when a person has sexual contact or penetration with you while you are incapacitated because of drugs, medication or alcohol and, therefore, unable to give your consent.
Canada has a broad definition of sexual assault. It includes all unwanted sexual activity, such as unwanted sexual grabbing, kissing, and fondling as well as rape. Sexual activity is only legal when both parties consent.
For free and confidential legal advice about this topic, you can contact us here. Sexual assault is sexual intercourse that happens without your consent. Sexual assault is against the law and is a serious crime.
By Lauren BaldwinContributing Author. The term sexual assault, in lay person terms, usually refers to an attack on a person that is sexual in nature. The legal definition of this term actually differs, however, from state to state. In some states, sexual assault is synonymous with rape — forced sexual intercourse or sexual contact without consent — while other states have no crime known as sexual assault and instead define sexual conduct without consent as rapecriminal sexual penetration, criminal sexual contact and sexual battery.
Jane E. Palmer's research on the civil legal needs of survivors of sexual assault is funded by a Victim Research-to-Practice Fellowship from the Center for Victim Research. In
If someone does something to make you feel that you have been assaulted, you can seek help from health and counselling services, including sexual assault services. If you are not sure whether you have been sexually assaulted or not, you can contact a sexual assault service or legal service. There are specially trained people who can help you understand what has happened to you and what your options are.