Different states use the terms “sexual assault” and “sexual abuse” in different ways. Both are typically crimes, though. Sexual abuse is often a sex offense committed on a child, while victims of sexual assault are typically adults. They can also both be the basis for a civil lawsuit against the perpetrator or anyone else responsible.
Differences between sexual assault and sexual abuse
This table highlights the most common similarities and differences between sexual assault and abuse:
| Sexual assault | Sexual abuse | |
| Age of victim | Adult | Child |
| Includes sexual intercourse or penetration | Generally not | Maybe |
| Severity of the offense | Less severe than rape but more severe than abuse | Less severe than sexual assault but more severe than sexual harassment |
| Age of perpetrator | Any | Any |
| Penalties include sex offender registration | Common | Not very common |
| Can be a crime or a civil lawsuit | Both | Both |
Note, though, that the definitions of each phrase vary by state. What amounts to sexual assault or abuse in one state may not in another state. Different states may use different phrases for the same conduct. For example, in the District of Columbia, all sex crimes are called “sexual abuse.” The differences are in the degrees of the offense:
- first-degree sexual abuse is committing a sex act on a victim through force or fear, or by rendering the victim unconscious (the crime of rape in most other jurisdictions),
- second-degree sexual abuse is engaging in a sexual act either in the knowledge that the victim cannot legally consent to it, or through threats of harm,
- third-degree sexual abuse is using force, threats, or unconsciousness to engage in sexual contact of intimate parts for the purpose of arousal (typically aggravated sexual assault in other states),
- fourth-degree sexual abuse is initiating sexual contact through threat or in the knowledge that the victim cannot legally consent to it, while
- misdemeanor sexual abuse is engaging in sexual activity or instigating sexual contact, knowing that it is nonconsensual (generally called sexual assault in other states).[1]
If the victim were underage, the offense would just be called “sexual abuse of a minor.”
Therefore, contrasting sexual assault versus sexual abuse can be misleading without specifying which state it is in.
Sexual assault
Sexual assault is typically a criminal, nonconsensual sex act on an adult that falls short of intercourse. Nonconsensual sexual intercourse is the crime of rape.
For example, in California, sexual assault (though it is called sexual battery in that state) involves:
- touching someone else’s intimate body parts,
- against that person’s will, and
- for the purpose of sexual arousal, gratification, or sexual abuse.[2]
Note that the phrase “sexual abuse” can be an element in the definition of a “sexual assault.” In this context, “sexual abuse” means physical contact of a sexual nature that is done for the purpose of causing pain, injury, or discomfort.[3]
Many states differentiate between:
- sexual assault, and
- aggravated sexual assault.
While California uses the terms “misdemeanor sexual battery” and “felony sexual battery,” the results are the same. Felony sexual battery is more serious or aggravated. It is a sexual battery committed through the use of unlawful restraint.[4]
A conviction for misdemeanor sexual battery in that state carries up to 1 year in jail. A conviction for felony sexual battery carries up to 4 years in prison.[5] After serving the sentence, you would have to register as a sex offender.
Sexual abuse
Sexual abuse is typically a sex crime committed on a child. In some states, it does not include sexual intercourse, which would be covered by their statutory rape law.
In California, for example, there is the crime of continuous sexual abuse of a minor. The elements of this offense are:
- you either live in the same home with the minor child or have recurring access to the child,
- you engaged in at least 3 acts of sexual, lewd, or lascivious conduct with the child,
- a period of time of at least 3 months passed between the first and the last of these acts, and
- the child was under 14 at the time of the acts.[6]
A conviction for this offense carries up to 16 years in state prison.[7]
Other states can criminalize similar conduct under laws that call it something other than sexual abuse, like:
- child molestation,
- child sexual abuse,
- child sexual exploitation,
- child pornography,
- indecency with a child, or
- sexual contact with a child.
Rape
Rape is typically more severe than either sexual assault or abuse. This offense requires there to be nonconsensual sexual intercourse or penetration.
If the victim was under the age of consent, it would be statutory rape.
Sexual harassment
Sexual harassment is less severe than either sexual abuse or assault. It is typically not even a crime. However, in certain circumstances, it can be grounds for a civil lawsuit, such as when unwanted sexual behavior happens in the workplace and it:
- creates a hostile work environment, or
- constitutes a quid pro quo, where workplace benefits are made contingent on sexual favors.
Harassment of this sort may not even require unwanted sexual touching or fondling. Coworkers can create a hostile work environment through pervasive discriminatory behavior that targets your sex or sexual orientation.
Sexual violence
Sexual violence is a broad term that describes conduct that is violent and sexually motivated. It rarely has legal significance under state law, though. Instead, it covers criminal conduct such as:
- rape,
- spousal rape,
- sexual assault,
- sodomy,
- forced oral sex,
- attempted sexual assault, and
- spousal battery.
In some cases, it can cover domestic violence involving a family member.
This makes the phrase “sexual violence” similar to “sex crime.” It covers a range of criminally culpable behaviors. “Sexual violence,” however, requires an element of force.
Victims of sexual violence can call the Rape, Abuse & Incest National Network’s (RAINN) National Sexual Assault Hotline at 1-800-656-4673 for help.
The problem of sexual violence is widespread. According to RAINN:
“Every year, over 433,000 people over the age of 12 were sexually assaulted or raped. Another 60,000 children were the victims of substantiated or indicated sexual abuse. In all, 1 out of every 6 women and 1 in 33 men in the United States have been the victim of a rape or an attempted rape.”[8]
Civil lawsuits for sexual misconduct
If you were the victim of any of these forms of sexual misconduct, you can file a civil lawsuit. This lawsuit would aim to hold the perpetrator accountable by demanding financial compensation for your losses.
Those losses include your medical bills from the incident, as well as compensation for your physical pain and emotional suffering. You may even be able to recover punitive damages.
If the sexual misconduct happened in the workplace, you may be able to sue your employer for harassment. The sexual harassment lawyers at our law firm have found that sex crimes that happen in the workplace can lead to substantial settlements from corporate employers.
If it happened in a business establishment, you may be able to sue the establishment under premises liability law. They may have had a duty to keep you safe from the harm you suffered.
Legal Citations:
[1] Code of the District of Columbia 22-3002 et seq.
[2] California Criminal Jury Instructions (CALCRIM) No. 938 and California Penal Code 243.4 PC.
[3] CALCRIM No. 938 and People v. White, 179 Cal.App.3d 193 (1986).
[4] CALCRIM No. 935 and California Penal Code 243.4 PC.
[5] California Penal Code 243.4 PC.
[6] California Criminal Jury Instructions (CALCRIM) No. 1120.
[7] California Penal Code 288.5 PC.
[8] “Scope of the Problem: Statistics,” RAINN.
