IN THE STATE OF CALIFORNIA, SEXUAL ASSAULT IS CONSIDERED: ANY SEXUAL CONTACT WITHOUT CONSENT. THIS MAY INCLUDE RAPE, ATTEMPTED RAPE, FORCED ORAL COPULATION, FORCED SODOMY, UNLAWFUL SEXUAL INTERCOURSE, UNWANTED TOUCHING, AND INCEST.
THE LOCAL DEFINITIONS OF THESE CRIMES VARY BUT THE EMOTIONAL AND PHYSICAL TRAUMA REMAINS THE SAME.
Sexual assault is one of the most devastating violent crimes. It deprives us of our most basic human right: the sanctity and safety of our own bodies. Despite common misconceptions, rape is not an erotic act of sexual desire. It is a crime of violence with the intent to control and humiliate, and it is the feeling of humiliation and loss of control that accounts for much of the victim’s suffering.
Sexual assault happens to individuals regardless of sex, age, or relationship between the victim and offender. It is committed against children and adults, males and females, gays, lesbians, transgender persons, strangers, acquaintances, and family members including partners. Approximately 80% of the time, a victim is sexual assault knows the perpetrator. The perpetrators of sexual assault may be from any class, culture, profession, or educational level.
There are four main categories according to the law where consent or permission cannot be give by a victim:
1. Force or threat of force: When the perpetrator uses his/her strength, a weapon, or threats of harm to the victim (including threatening harm to people the victim knows). Even if a victim agrees to sexual contact in this situation, they have not given consent.
2. Coercion or trickery: When the victim is tricked or deceived. Although challenging to imagine, this does occur. Often times, this happens with children who are tricked and/or talked into sexual acts by the perpetrator. With adults, an example could be a perpetrator who disguises themselves as someone the victim knows in order to have sexual contact.
3. Incapacitation: A person is incapacitated if they are intoxicated, under influence of drugs and/or alcohol, or if they are unconscious.
4. Incapable: In the State of California, people are incapable of giving consent if they are a minor (under 18 years of age). If you have sexual intercourse with anyone under the age of 18 (unless you are married to them), you are breaking the law. In some cases, people are also incapable of giving consent if they have a mental disorder or disability that requires them to have a conservatorship.
Other Types of Sexual Abuse
Indecent Exposure: The law defines indecent exposure as the exposure of private parts thereof, in any public place or in any place where there are present other persons to be offended or thereby annoyed. (Sec. 314) The first offense conviction of indecent exposure is a misdemeanor in California, but the second offense constitutes a felony.
Sexual Harassment: The legal definition of sexual harassment states that any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the workplace constitutes as sexual harassment when submission is a condition or term of employment or when this behavior creates a hostile work environment.
Obscene Calls: The CA Penal Code (sec. 653m) refers to obscene calls as telephone calls with intent to annoy, and states that any person who, with the intent to annoy, telephones another and addresses to such a person any obscene language or threat to inflict injury, is guilty of a misdemeanor.
It is important to remember that the impact of sexual assault affects the victims as well as their loved ones and community. The families of survivors must also learn to deal with their feelings of grief and pain.
Child survivors of sexual abuse often develop behavioral and emotional problems that seriously impact their social and private lives.
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