Survivors of sexual assault may find themselves asking the following questions: Did I lead them on? Was I too drunk? Should I have defended myself? The truth is always the same: nothing you do, say, wear, or feel would ever make you responsible for deeply disturbing actions made by another person. You are not alone. You deserve support and to be heard. Your experience matters.
While your feelings and recovery are top priority, understanding how the justice system works can help survivors get an idea of what to expect after the assault. In such cases, the level of severity (its degree) will affect how the case proceeds through the legal process and what charges could be filed, especially if the victim endured great bodily harm.
What Is Sexual Assault?
Sexual assault is a non-consensual sexual act or behavior imposed on another individual by force, manipulation, coercion, or when the victim is unable to give consent. It can include:
- Unwanted sexual touching
- Groping
- Attempted rape
- Rape itself
This could also happen when someone uses threats, intimidation, or takes advantage of another person’s incapacitation (for instance, because of alcohol, drugs, or unconsciousness).
In California, sexual assault is considered a serious criminal offense under California Penal Code 243.4 and victims have the right to pursue criminal charges and claims against the perpetrator. Civil claims will help survivors acquire financial compensation for damages incurred (emotional distress, medical bills, and therapy).
How Common Is Sexual Assault?
According to the National Sexual Violence Resource Center (NSVRC), 1 in 5 women experienced completed or attempted rape during her lifetime in the United States. When it comes to men, about 1 in 4 went through some form of sexual violence. Across the population, 81% of women and 43% of men reported having underwent a type of sexual harassment or assault at some point in their lives. Young people are the most vulnerable, with 1 in 3 female victims of complete or attempted rape experiencing it for the first time between the ages of 11 and 17, and about 1 in 4 males also facing sexual assault in the same age range, as well.
In 2018, approximately 734,630 people were raped in the U.S., including threatened, attempted, or completed rapes. Reporting rates stayed low, while nearly 40% were notified to the police in 2017 and only 25% in 2018. The number of false reporting for sexual assault crimes is low, ranging from 2% to 10%. For college populations, 1 in 4 undergraduate women faced sexual assault or misconduct at 33 major universities. Despite the number of false/little reporting, sexual violence can happen anywhere and to anyone and it is important to be aware of it even with people who you think you can trust.
Can Anyone Commit Sexual Assault?
While the relationship between the victim and perpetrator will vary, the NSVRC has reported that about 51.1% of female victims claimed to have been raped by an intimate partner and 40.8% by an acquaintance. When it comes to men, about 52.4% reported being raped by an acquaintance and 15.1% by a stranger.
The Rape, Abuse & Incest National Network (RAINN) also have their own statistics, claiming that about 8 out of 10 cases, the perpetrator is someone the victim knows. This could be a:
- Partner
- Acquaintance
- Friend
- Family member
This type of violence is referred to as intimate partner sexual violence or acquaintance rape. The organization further went on to state that 31% are committed by strangers, 28.3% by a well-known or casual acquaintance, 21.4% from intimate partners, 13.1% caused by other relatives, 3.7% done by an unknown number of perpetrators, and lastly, 2.5% from an unknown relationship to the victim.
What Degrees Are There of Sexual Assault?
There are four degrees of sexual assault and each degree is classified to outline the various levels of severity, with first degree being the most to fourth degree being the least severe. Depending on the degree and severity of sexual assault penalties will vary, and as such, it is vital to understand the differences to get better grasp of the situation.
What Is First Degree Sexual Assault?
First-degree sexual assault is the most serious type. It involves sexual penetration done through force, violence, or threats of harm. This includes cases where the victim is being physically overpowered, threatened with a weapon, or sustains serious bodily harm during the assault. It can also apply when the victim is very young or unable to resist as a result of age or incapacity. This particular crime has the harshest penalties (lengthy prison sentences and mandatory sex offender registration).
What Is Second Degree Sexual Assault?
Second-degree sexual assault will involve non-consensual sexual contact or penetration. However, extreme force or violence is excluded. It happens when the victim is incapacitated, asleep, or intoxicated, and the perpetrator takes advantage of the individual’s condition. Second-degree sexual assault can also happen when sexual penetration involves coercion, intimidation, or manipulation instead of physical force. Although it will remain as a felony, the penalties will be typically less severe compared to first-degree sexual assault. Regardless, it will still be perceived as a serious crime.
What Is Third Degree Sexual Assault?
Third-degree assaults are often referred to as sexual penetration or contact without consent, particularly when the victim cannot legally consent because of age, mental incapacity, or pressure. In most cases, this will include sexual acts involving minors within a certain age range or circumstances where the victim is coerced or threatened in a less overt way. It may also involve circumstances in which the perpetrator uses:
- Emotional manipulation
- Abuse of authority
- Fear to carry out the act
While not as intense as first- or second-degree offenses, third-degree sexual assault will still be deemed as a felony in most jurisdictions.
What Is Sexual Assault in the 4th Degree?
Fourth-degree sexual assault typically involves unwanted touching, groping, or other non-preventative sexual contact. It can happen when a person makes contact with another person’s intimate parts without getting consent to do so, even if no further sexual act occurs. It can also apply when the victim is a minor and the perpetrator is older, or when someone in a position of trust (teacher, coach, or supervisor) acts inappropriately. This can be classified as a misdemeanor offense. However, it will still carry serious consequences (possible jail time, probation, and mandatory registration as a sex offender in certain cases).
What Should You Do First if You Are Sexually Assaulted?
If you have been sexually assaulted, just know that what happened is not your fault and help is available. Healing from sexual assault takes time and you do not have to go through this all on your own. One of the most important first steps to take is to reach out for support. You can connect to the RAINN’s National Sexual Assault Hotline by phone, chat, or text. The hotline provides free and confidential services that are available 24/7. You will be connected to a trained professional who will provide emotional support and guidance toward local resources.
You may also have the right to report the crime if you feel comfortable proceeding with this decision. Reporting will allow law enforcement to investigate the situation and help prevent future assaults. But, this is a deeply personal decision. Before doing this, it can benefit you to learn what your options are and what to expect if you undergo the criminal justice process. You can communicate with an advocate through RAINN or a local sexual assault service provider to know your rights and the steps needed for you to complete.
Lastly, consider seeking a trauma-informed therapist who specializes in helping victims of sexual assault. A profession with experience in sexual trauma can maintain a safe space needed to process and share your emotions and work toward long-term healing. Whether you decide to report the situation or focus on recovering, remember that support is always available and healing can be possible.
How to Report Sexual Assault?
Reporting sexual assault is a deep, personal choice. There is no right or wrong time to do this. The most important thing is that you feel ready and supported throughout the process. If you want to proceed with this decision, you will have options available in accordance to your comfort level and the circumstances involved.
You can start by reaching out to local law enforcement or heading directly to a hospital emergency department. Healthcare facilities will typically have Sexual Assault Nurse Examiners (SANEs) who will perform medical exams, collect evidence, and provide immediate care. Even if you are uncertain about reporting the situation right away, it is important to seek medical attention to make sure of your safety, prevent sexually transmitted infections, and maintain potential evidence in case you choose to report the incident later.
You can also call RAINN’s National Sexual Assault Hotline at 800.656.HOPE (4673), text 64673, or chat online. They have trained staff who can explain your reporting options, have you connected to local resources, and navigate you through what to expect during this process. They will also help you find a victim advocate who can give you emotional support and be there for you when you go through the medical exams, police interviews, and court proceedings.
If you feel like you are not ready to have the police involved, you can still file an anonymous or third-party report in some areas, allowing you to document the situation without having to start a full investigation. Whether you decide to proceed with a formal report, it is important to understand that you have control over your choice, and help will be available every step of the way.
How Long Does a Sexual Assault Investigation Take?
The duration of a sexual assault investigation will depend on the complications surrounding the case, the amount evidence collected, and the workload done by law enforcement. Some can be resolved within a few weeks if clear liability or credible witnesses are involved. Others could take a couple of months or even years if the case involves more than one suspect or delayed reporting.
Investigators will acquire statements from the victim and witnesses, document physical evidence, and check medical records or forensic reports. DNA testing could also be done, which could add weeks or months to the timeline. If law enforcement hands the case over to a prosecutor, the evaluation process for filing charges may extend the duration.
West Coast Trial Lawyers Is Here for Survivors of Sexual Assault
Our law firm is here to support survivors of sexual assault with compassion and understanding. We will explore your options, guide you every step of the way while making sure your rights and overall well-being are both being prioritized throughout the duration of the sexual assault case. Our team is committed to advocate on your behalf to help you cope with the aftermath and take steps towards justice.
To get started with your claim, you can reach out to us by calling (213) 927-3700 or completing our convenient online contact form. Our consultations are FREE, and we work on a contingency-fee basis, which means there are no upfront costs. You will only pay if we are able to acquire financial recovery on your behalf.
