Do you feel that you experienced a form of sexual assault in the workplace? Are you unsure if the incident is a form of sexual assault? Are you in the dark as to the next possible steps to take?
Studies reveal that nearly 10 million Americans experienced sexual assault in the office. Moreover, 70% of these workers were women. These victims reported experiencing verbal harassment by a superior or workmate.
Others noted receiving unwanted sexual contact.
And with the broad coverage of sexual assault, one can confuse it with rape and other forms of sexual crimes. Thus, you should learn what sexual assault truly means.
Continue reading below as we breakdown the different examples of sexual assault, the penalties for these crimes, and what you can do about them.
Sexual Assault vs Rape
Let us first discuss the difference between sexual assault and rape. This is one of the most confusing aspects of sexual crimes, especially among women.
Different states tag rape under the broad umbrella of sexual assault. But if we are going to look into the finer details, rape involves forced sexual intercourse. On the other hand, sexual assault covers any unwanted sexual contact up until the point where it reaches rape or attempted rape.
Unfortunately, around 60% of rape victims do not acknowledge what happened. Studies note that apart from the stigma they may face, it is more of the body’s natural response to trauma.
The Different Types of Sexual Assault
Now that we know how to differentiate sexual assault from rape, we can now discuss the different examples of sexual assault. Like rape, sexual assault takes place without the victim’s consent.
Moreover, sexual assault encompasses many actions involving contact or behavior. The most common of which include fondling, kissing, and making body contact.
It also covers forcing the victim to perform or receive oral sex. Furthermore, it covers forcing different parts of the body to another person. These include forcing the mouth, finger, tongue, or any object into another person’s private parts.
Cases of assault and battery may also involve sexual assault. With the attempt to injure another person, sexual intent may also come into play.
The law defines battery as intentional or harmful touching of another person. Like in sexual assault, the offender does not have the consent of the victim. Through intentional touching, some battery cases may involve groping and the like.
How the Law Proves Sexual Assault
With the broad coverage of sexual assault, intricacies come with its extensive coverage. Hence, proving sexual assault charges involves a keen eye on various factors.
First, the law will look into the state of the victim during the incident. Was the victim incapable of enforcing their unwillingness to be part of the sexual act? Was the victim physically or mentally incapacitated to fight back?
Some of these instances happen with the presence of alcohol or rape drugs. The offender may use these substances to make the victim comply.
As for the parties, the law covers non-consensual and involuntary acts between two men, two women, or two children. This means sexual assault does not only apply to an adult man and an adult woman scenario.
But take note that in some states, sexual conduct with a minor becomes a criminal act if the offender is older than the victim by a certain number of years. Some states peg the age difference to be at least three years before the law considers it sexual assault.
Some states criminalize acts between a person in authority and the one he has authority over. This can be a case between a teacher and a student; a psychotherapist and his patient; or a prison guard and a detainee.
Sentencing for Sexual Assault
When it comes to the sentencing there are steps that lead to the actual sentencing. First, the jury must find the defendant guilty of the sexual assault charges.
Thereafter, the case will go to the judge for sentencing. When determining the proper sentence, the judge will first look into different factors. First, the judge will examine mitigating and aggravating factors before sentencing.
Mitigating factors support a lenient sentence. On the other hand, aggravating factors point to harsher punishment. These factors include the crime’s severity, as well as the defendant’s criminal history.
Furthermore, the judge will also consider the criminal statutes that will serve as a guide for the range of punishments.
Keep in mind that the federal government comes with its own set of rules in sentencing. The law sets a maximum of 20 years imprisonment for guilty defendants.
However, sentencing for sexual assault differs depending on the state. For example, the state of New York classifies sexual assault as a Class D felony. This means sexual assault belongs in the same category as robbery, burglary, theft, and manslaughter.
Class D violent felony comes with a 2 to 7 years maximum imprisonment.
Over at the west coast in California, state laws impose possible sentences of 24, 36, and 48 months in prison.
Different Penalties
As for the accompanying penalties, federal law imposes compensation for sexual assault victims. The compensation will cover the expenses directly related to the crime. This means the guilty party should pay for the medical bills, physical therapy, and lawyer’s fees.
What Should You Do?
The biggest question is what should you do if you were sexually assaulted? If the assault happened moments ago, flee to a safe place as fast as you can. Also, you should contact the police or dial 911 to report the incident.
Do your best to preserve any evidence. This means avoid washing, cleaning, or combing any part of your body. Moreover, avoid changing clothes, eating, drinking, or using the bathroom.
You should also head on to the nearest hospital, ASAP. Have the medical team examine you for any injuries.
Last but not least, find a reputable lawyer that specializes in sexual crimes. You can view more info about hiring a lawyer here.
Get a Lawyer You Can Trust
Going through sexual assault shouldn’t mean remaining a victim for the rest of your life. With ample support, you can overcome the stigma and other challenges along the way. And if you’re searching for a trusted lawyer, we will gladly look at your case.
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