Sexual violence occurs in many different forms, ranging from unwanted sexual advances and sexual harassment, to more intense crimes as sexual assault and rape. Although the terms are used interchangeably, they are defined differently under California law. These types of crimes affect all genders.
Statistics show that women are heavily impacted, with 1 in 6 female victims in the United States having experienced attempted or completed rape, compared to 1 in 33 men. Additional nationwide data shows that 81% of women and 43% of men reported dealing with some type of sexual harassment and/or assault in their lifetime, with many of them having a first time experience between the ages of 11 and 17.
Knowing the difference between rape and sexual assault is important for recognizing how the law handles such acts of sexual nature done without a person’s consent. Understanding these distinctions can also help promote awareness in terms of prevention, justice, and survivor support.
What Is the Definition of Rape?
Under California Penal Code § 261, when a person engages in sexual intercourse with someone else without voluntary consent, that is considered rape. The legal definition of rape refers to any act of non-consensual sexual intercourse done through force, coercion, fear, or when the victim cannot give consent because they are intoxicated, unconscious, or have a physical disability.
What Is Defined as Sexual Assault?
Sexual assault is classified as any form of sexual contact or behavior that happens without an individual’s consent. It involves direct physical contact, from unwanted touching to more severe acts, like rape or sexual penetration by force. The purpose of this law is to protect people against sexual activity that occurs without permission.
What Are the 3 Levels of Sexual Assault?
Sexual assault can be separated into three levels based on the nature of the act, presence of the force or coercion, and the degree of violation inflicted onto a person’s body.
The first level consists of unwanted contact or behavior of a sexual nature that does not involve penetration. This can be touching a person’s intimate parts, kissing, groping, or making unwanted advances in a sexual manner without receiving consent. While it is considered the least severe, it is still labeled as a serious violation of one’s bodily autonomy and may result in criminal charges.
Level 2 sexual assault involves sexual contact without consent that is acquired through coercion, threats, or physical force, or when the victim cannot provide consent due to incapacity. This offense is more serious in comparison to Level 1, as it demonstrates a higher degree of intent and harm through the misuse of power. Legal penalties will be more harsh since the law recognizes significant psychological and physical trauma that is inflicted onto victims.
Level three sexual assault is the most serious form of sexual violence, involving rape or forced penetration with an individual who is unable to provide consent because of certain factors, like age, intoxication, incapacitation, or unconsciousness. These acts are often done through physical force, threats, or coercion. Under California law, such offenses may be charged as felonies and lead to lengthy prison sentences, particularly if the victim was a minor or otherwise unable to provide legal consent.
What Is the Difference Between Rape and Sexual Assault?
Rape and sexual assault are closely related crimes, but they do have certain factors that distinguish one from the other.
Rape involves non-consensual sexual intercourse or penetration. It happens when a person commits sexual acts with another without receiving consent before doing so. This can be done through force, threats, coercion, or when the victim cannot provide consent due to intoxication, unconsciousness, or incapacity. The specific element that defines rape is penetration, even if it is minimal.
Sexual assault is a more broader term that applies to unwanted sexual contact or behavior without consent. This may consist of groping, fondling, forcing someone to perform sexual acts, or other types of physical sexual content that are short of penetration.
To sum it up, sexual assault embodies a wider range of offenses, whereas rape is deemed as the most severe form within that given category.
What Are the Sexual Assault Laws in California?
In California, sexual assault laws are made to protect people against unwanted sexual contact or behavior that happens without consent. Under Penal Code § 243.4, sexual battery is one of the main statutes that covers sexual assault. It takes place when a person touches someone else’s intimate parts without getting their consent, for sexual gratification, arousal, or abuse. Even brief or over-the-clothes type of contact can be considered as sexual battery if it is done intentionally with no permission given.
If aggravated factors are involved, like being restrained, institutionalized, or unconscious, the crime can be deemed as a felony. Misdemeanor sexual battery may result in up to six months in county jail, a fine of up to $2,000, or both jail time and a fine. A felony sexual battery will be two, three, four years in state prison and fines of up to $10,000.
What Are the Rape Laws in California?
Rape is defined under Penal Code § 261. This makes it unlawful for people to engage in sexual intercourse with others without receiving consent, through force, threats, intimidation, or when the victim cannot give consent because of them being unconscious or intoxicated. Convictions can result in three to eight years in state prison, with longer sentences included if the victim is seriously harmed or if many affected individuals are involved.
Other related statues include:
- Penal Code § 286 defines sodomy as sexual contact between the penis and the anus. While consensual acts between adults are permitted under Lawrence v. Texas (2003), the law criminalizes sodomy involving minors, force, coercion, or individuals who are unable to provide consent. Penalties will vary by age and circumstance, ranging from up to one year in county jail to as much as fourteen years in state prison for aggravated cases that involve young individuals or acts done by force.
- Penal Code § 287 covers oral copulation by force or fear. This consists of oral contact with another person’s anus or genital area without consent. Similar to rape and sodomy, oral copulation by force will be treated as a violent felony. Penalties may involve three to eight years in prison, and may be harsher if the victim is underage.
- Penal Code § 289 restricts sexual penetration by force or foreign object. This applies when an individual uses any object, body part (besides their private part), or instrument to penetrate another person’s genital area or anal opening without consent and through force or intimidation. A conviction involving an adult victim carries a base term of three, six, or eight years in state prison. Penalties with minors 14 and older will be a sentencing of six, eight, or ten years. And if the child is under 14 years of age, the punishment will be eight, ten, or twelve years.
What Type of Treatment Is Recommended for People Who Have Been Sexually Assaulted?
Healing after sexual assault will take time, and it is important for survivors to know that they are not alone in this. The most effective treatment approach would be to focus on physical and emotional care. A healthcare provider can do a confidential exam, provide treatment for potential infections, and give options for collecting evidence. But, this may only be done if the survivor chooses to do so. Every step should be navigated through their comfort and consent.
Organizations, like the Rape, Abuse & Incest Nation Network (RAINN) offer more resources and guidance to those who are seeking help in the aftermath of assault. RAINN has a free, 24/7 confidential hotline (1-800-656-HOPE) and an online chat service where survivors are given access to speak to trained professionals who provide emotional support and local resource referrals. Whether the survivor was sexually abused, raped, or endured other acts of sexual violence, care is essential. These services will provide access to medical attention, guidance on legal options, and personalized recovery plans within a safe and supportive environment.
Healing after sexual assault is a heavy personal process. But, with help from organizations, like RAINN, in addition to community advocates and trauma-informed professionals, survivors can start regaining a sense of safety and hope for the future.
West Coast Trial Lawyers Helps Survivors Seek Justice
Survivors of sexual assault and rape are left with serious emotional and physical trauma that can affect every part of their lives. Recovering while also seeking accountability can be stressful and isolating, but no one should have to go through this alone. At West Coast Trial Lawyers, we provide a safe and supportive space where survivors can share their stories, understand their legal rights, and seek the justice they deserve.
We stand alongside survivors every step of the way, providing guidance and support to help them rebuild and reclaim their lives. If you or someone you know has been affected by sexual violence, we welcome you to reach out to us today for a FREE, confidential consultation by contacting (213) 927-3700 or completing our convenient online contact form. We are readily available to help you take the next step towards recovery and empowerment.
