*Content warning: discussion of abuse
What You Need to Know About Criminal Convictions of Sexual Coercion
While laws do not explicitly criminalize sexual coercion, many rape laws implicitly protect victims against unconsented sexual interaction. Here’s how to spot sexual coercion and take action against it.
Sexual coercion is a crime under consent laws. However, many states define the relationship between consent and coercion differently, creating nonuniform legal procedures. Understanding sexual coercion’s manifestations and consequences can help protect your rights.
What Is Consent?
Sexual consent is the unambiguous verbal and nonverbal agreement between parties to partake in sexual activity. Consent plays an integral role in understanding sexual coercion and its legal consequences. Regardless of the state age of majority, no minor can give consent.
Though state laws carry varying conceptions of consent, many definitions share characteristics.
When two parties participate in sexual activity, consent must be:
- Freely given or given without pressure, threats, intoxication, or violence
- Reversible at any point, regardless of previous agreements
- Informed about the sexual acts involved
- Enthusiastically given through nonverbal expressions in addition to verbal affirmation
- Specific and given to every instance of sexual activity
Related: Sexual Coercion in Relationships: Common Tactics
What Is Sexual Coercion?
Sexual coercion occurs when any party uses nonphysical pressure, threats, or manipulation for sexual acts. When an aggressor coerces others, they violate consent factors, committing a duress crime. Therefore, states can use consent laws to charge perpetrators with sexual assault or sexual abuse.
Examples of Sexual Coercion
Sexual coercion can take many forms. While some are more explicit, others are less obvious. However, every form of sexual coercion is actionable.
Examples of sexual coercion include:
- Threats of breaking up
- Threats of authority
- Willful intoxication
- Bargaining necessities for sexual acts
Less obvious examples of sexual coercion include:
- Consistent begging
- Guilt-tripping
- Shifting moods or treatment in response to refusals
Depending on the situation, many other examples arise. Sexual coercion is often quiet and subtle. Any number of sexual bartering methods can constitute sexual coercion.
Who Can Experience Sexual Coercion?
Spousal sexual coercion is a prevalent form of sexual abuse. Anyone can face sexual coercion. Outside factors, such as gender, age, and relationship status, play no role in sexual coercion.
Regardless of the situation, everyone deserves protection against unsolicited sexual interactions.
Related: Sexual Harassment in the Military: What You Need to Know
Legal Action Against Sexual Coercion
State laws do not offer uniform definitions of the relationship between consent and coercion. Therefore, prosecution of sexual coercion varies on a case-by-case basis.
Methods of reporting sexual coercion include:
- Filing a restraining order
- Suing an offender for sexual harassment, assault, or abuse
- Contacting the Equal Employment Opportunity Commission (EEOC) for workplace offenses
- Connecting with the U.S. Department of Education for school offenses
- Approaching the U.S. Department of Housing and Urban Development for offenses concerning a landlord or renter
- Consulting an attorney for case-specific advice
Non-Legal Action Against Sexual Coercion
If you experience sexual coercion, you can also take non-legal steps to protect yourself against it.
Non-legal methods of resistance include:
- Removing yourself from the physical situation as soon as possible
- Contacting 911 if you are in immediate danger
- Contacting the National Sexual Assault Hotline (1-800-656-4673) or other hotlines
If you are unsure whether a situation constitutes sexual coercion, prioritize your safety and happiness. Consensual sexual activity should not make you feel coerced.
FAQs About Sexual Coercion
Is sexual coercion a form of sexual abuse or sexual assault?
Sexual coercion can be sexual abuse and sexual assault. An experienced attorney can help you determine the best past forward to serve legal consequences.
When should I report sexual coercion?
No universal timeline for reporting sexual coercion exists. Those who experience sexual coercion may feel the fallouts of trauma, delaying the process. Take action at your own pace, knowing you have a right against sexual coercion.
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