Sexual Assault and the way the Laws Protect You
Each state possesses its own laws regarding sexual assault there can be some differences among states. Definitions may vary from groping to sexual assault and battery or attempted rape. No matter what state it is, however, this crime involves unwanted and offensive touching of the sexual nature and it is considered criminal behavior in most state.
Even though the wording each state uses in its laws may differ from that relating to other states and the exact definition might not be the same, there are shared elements inside the laws. Due to those activities that are different, it's always best to check how the local laws are worded to get the answers to any questions about what is considered sexual assault.
Typically, this crime is a in which a person forces sexual contact with a victim. The victim often is confronted with threats of violence or rendered defenseless somehow. Some people are not able to understand what is being done to them as a result of mental disabilities. In such cases, even if the victim seemed willing, they are usually considered a victim of criminal sexual assault. Those who find themselves physically disabled are generally unable to defend themselves or offer any resistance are also considered victims.
If a person is not able to say no to sexual contact, that individual can be considered a victim. Date rape drugs, recreational alcohol and drugs can render someone unable to make decisions in a rational manner. For this reason, being under their influence constitutes a person unable to give legal consent to any sexual activity with another person.
Now days, the laws regarding sexual contact of an unwanted nature are worded so they cover unconsented sexual contact no matter gender or age. For this reason, nonconsensual sexual contact can involve two children or any mixture of adults and is not limited to such contact being between adults of opposite genders or adults and children.
The term sexual assault is used in some states to consult a number of different sex related crimes. It might refer to unwanted contact of a sexual nature of any sort, including rape. Some states might be more definitive in assigning severity amount crime. One example is forced sexual touching, including groping, may be considered a misdemeanor while it takes sexual penetration that need considering first degree felony sexual assault. Types of unwanted sexual conduct falling between the two will have degrees of seriousness assigned based on where they fit within the progression of activity.
Spousal sexual assault is also covered by laws in many states. States play one or more of these three ways of addressing this.
Eliminating exemptions set up in current laws covering spousal assault.
Eliminating marriage as a defense against spousal sexual assault.
Turn it into a standalone crime alone.
While laws happens to each state with a few variations, laws also exist around the federal level. They are much the same as those shown above. Federal law forbids any sexual contact that's forced on a person or performed on an incapacitated individual. It is the responsibility of everyone to understand the laws governing sexual assault and know that failure to adhere to them can result in charged with a crime.