Sexual assault, sexual abuse, and rape are issues that are often conflated. Here are the differences between sexual abuse, rape, and sexual assault in California.
Definitions, Penal Codes, and Legal Penalties
California penal code 261 defines rape as threats of force, use of force, or fraud as a means to engage in non-consensual intercourse with another party.
Example cases of rape:
- Other person is unable to consent due to a mental disorder
- Other person is unaware/unconscious of the act
- Intercourse is attained through use of force, violence, or duress
- Other person cannot consent due to intoxication
Rape is punishable by:
- Up to 8 years in state prison
- Felony or formal probation
Sexual abuse is a term that is often used for the sexual mistreatment of minors/children. It is best described as a person in a position of authority taking advantage of someone and getting them to take part in sexual activity. However, in the state of California, sexual abuse would fall under the same penal code and definitional analysis as sexual assault.
Related: Statutory Rape Laws in California
Sexual Assault/Sexual Abuse are classified under penal code 243.4. Sexual assault occurs when a party touches the intimate parts of another party against that party’s consent with the purpose of sexual gratification, abuse, or arousal. Sexual assault can also occur if the person lacks the ability to consent (i.e. Minors, mental health patients, etc).
Related: Sexual Assault Laws in California
Misdemeanor examples:
- Purposefully grabbing a female’s buttocks for sexual gratification
- Grabbing a female’s breasts without first getting the consent to do so
A misdemeanor conviction can result in a fee of $2,000 and up to one year in county jail.
Felony examples:
- Holding down someone and putting your hands in their underwear
- A therapist convincing a client to undress during a session
A felony conviction can result in up to four years in state prison and a $10,000 fine.
FAQS
How can I sue someone for sexual assault?
In order to sue someone for sexual assault, go to your local courthouse and file a case with the court clerk. Provide all necessary documents to all parties involved and make sure the defendant is served by the sheriff’s department.
What should I do if the assault occurred a long time ago?
The statute of limitations for sexual assault is ten years and felony rape cases have no statute of limitations.
Contact Her Lawyer
If you or a loved one would like to know more about the difference between sexual assault, sexual abuse, and rape in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our Sexual Assault Attorneys in California today!