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Knowing the Differences Between Sexual Assault and Rape

With the rampancy of sexual assault, rape and molestation accusations, we cannot continue to have people accuse other people wrongly. These terms are different, and to a layperson, it may look like comparing apples to apples, but the law sees them in a different light entirely. If you get arrested for any of these offenses, you need to know what the possible outcomes may be. And if you are neither accused nor under arrest, you also need to learn what the differences are for educational purposes.

Sexual assault and Rape

These words are usually used interchangeably and have become confusing that most people do not think they are any different. However, the United States Department of Justice has a different opinion and thus defines them as follows;

Any sexual behavior or activity or contact that takes place without the explicit or full consent of the victim is referred to as sexual assault. Sexual assault is the umbrella term under which sexual activities like forced sexual intercourse, child molestation, forced sodomy, attempted rape, and fondling are all categorized. Each state in the United States of America have different laws guiding the definition of sexual assault, and for your state, you should know these laws especially if the accusation is false.

Rape, on the other hand, has a definition that addresses all genders and different gender identities. Rape is defined as any form of penetration whether orally, through the vagina or the anus with any part of the body or object without the explicit consent of the victim. Rape is a type of sexual assault and is categorized under the sexual assault umbrella. So, if you get arrested or charged for sexual assault, you need to sure of what type of sexual assault it is so you can know what to tell the bail bondsmen in Orlando who will arrange your bail.

Sexual Assault and Sexual Harassment

Sexual assault involves sexual activity or touching while Sexual Harassment does not necessarily involve touching sexually or have a sexual element to it. There are different types of sexual harassment which include gender sexual discrimination, sexual coercion, and unwanted sexual attention. Let's check out what each of these types of sexual harassment means.

  • i. Gender Sexual Discrimination

    This is when you discriminate against an individual based on their gender even if you do not make any sexual advances to them. It is the most common type of sexual harassment. This also includes using derogatory words against a gender such as calling women "Bitches" or calling men "pussies."

  • ii. Sexual Coercion

    This is when you threaten the victim that if they do not give in to your sexual decisions, something will happen. For instance, if you are someone's boss and you threaten that they will lose their job if they do not sleep with you, it is a form of sexual harassment.

  • iii. Unwanted Sexual Attention

    This includes touches, kissing, fondling, stroking, hugging and sexual behaviors that have been expressly rejected and not consented to by the victim. A more serious form of unwanted sexual attention is rape which involves kissing or groping someone forcibly against their wish. This is a crime and a civil offense that you can get arrested, prosecuted and sent to jail for.

Differentiating between Rape and Molestation

Rape and molestation, even though the actions are similar, have different definitions. In rape cases, the victim may or may not know the perpetrator of the act. That is, it is possible to be raped by a total stranger. In rape, the victim may have told the perpetrator to stop or even fight to get them off. If the perpetrator ends up overpowering the victim, this is considered as rape. If the victim is also unable to give consent and a person has sex with them without their consent, it is also considered to be rape. A victim that is unable to grant permission could be in any of the following conditions; unconscious, drunk, threatened with a gun or physical force, mentally or physically disabled or asleep. It is rape as long as the victim did not give full consent to the act, even if the victim is married to the perpetrator, they can still file rape charges.

Molestation, on the other hand, deals with sexual relations with a victim who is a minor usually between the ages of 0 to 18 years old. This includes rape, touching of private parts, taking nude photos of the victim or just engaging in any form of sexual activity with the victim. Molestation is also the right term used in cases where a family member has sexual relations with another family member who is a minor (incest).

If you are not guilty of any of the above and you get arrested for doing them, it is time for you to contact one of the reputable bail bondsmen in Orlando so you do not stay in jail for long.

Sexual Abuse

This term is usually used when adults extend inappropriate sexual behavior to children. It could be in the form of touching the victim sexually, engaging them in sexual activities or making the victim touch the perpetrator. Whichever one it is, under the law, it is referred to as sexual abuse. The law recognizes that children cannot think for themselves or make informed decisions about sex; so, any form of sexual activity involving children is regarded as sexual abuse.

Get appropriate help

Whichever of these offenses that you are charged with will determine how your court case will go. After getting a good attorney, you also need to get experienced bail bondsmen in Orlando to post bail for you. Follow the advice of your attorney, show up in court and if you are guilty, get some help and stay out of trouble in future.

Always remember that no means no and should always be respected. If you are ordered to pay bail, and you do not have the money, there are bail bondsmen in Orlando to pay for you. Contact Mike Snapp Bail Bonds to get started by calling 407 246 0919.