Sexual assault and sexual abuse have become much more openly talked about in society and the media. This may be to the benefit of survivors because every conversation works to normalize talking about these experiences and destigmatize survivors of abuse and assault. However, it is also crucial that we clearly define what we mean when discussing these critical issues. If you have experienced either one, The Senators Firm has been an avid defender of sexual assault and abuse survivors for over 20 years. Our California child sexual abuse lawyer is dedicated to seeing your case through to the end.
Sexual Assault
When we speak about sexual assault, this is generally referring to an isolated incident in which the offender sexually assaults an adult. California defines sexual assault in Chapter 9 of the penal code as any touching of intimate parts of another person while they are unlawfully restrained or otherwise against their will for the purpose of sexual abuse, arousal, or gratification.
Many people are also referring to rape when they reference sexual assault. Legally, this is a separate violation of the law under section 261 of the California Penal Code Title 9 Chapter 1, which specifies that rape is the act of sexual intercourse that is accomplished against the person’s will through any of the following:
- Force
- Violence
- Duress
- Menace
- Fear of immediate bodily injury
- Unawareness
- The victim was not aware of what was happening
Sexual Abuse
Sexual abuse is more commonly referring to ongoing assaults or any kind of sexual contact or interaction with a child or other vulnerable population that cannot consent. The age of consent in California is 18, so any sexual act with a child under the age of 18 can be considered abuse. When a person cannot consent, whether due to mental capacity or age, any degree of sexual contact, including exposure to pornography and sexual messages or videos, is considered sexual abuse.
The term ‘abuse’ heavily relates to a power dynamic, which is commonly seen with adults and children. We also see it in the circumstances with adults. Some sexual dynamics that may be referred to as abuse can include:
- Student/teacher
- Therapist/ client (regardless of age)
- Coach/student
- Boss/subordinate
- Physician/patient
- Foster homes
Sexual abuse may also occur in romantic and sexual relationships. Being in a relationship is not implied consent and may be criminally or civilly challenged. Additionally, though it may not be a criminal charge, coercive behavior or emotional abuse due to refusal to engage in sexual behavior may be considered sexual abuse in a relationship.
Where They Overlap
Ultimately, whether you have been sexually assaulted or abused doesn’t matter because it is all traumatic. Any form of non-consensual sexual contact can leave you with lasting scars that affect your daily functioning, professional life, and relationships.
While you recover from your ordeal, it is essential to remember that your trauma is yours, no matter how bad someone else’s is. Your experience is valid. Most importantly, there is no situation in which the abuse is your fault. Responsibility lies solely with the perpetrator.