would love to understand the difference btwn rape and indescent assault..?

Answer 1

This is the answer according to military law (UCMJ), but it will help you understand a little better. The bottom line up front. Rape requres penetration during nonconsentual intercourse, while indecent assault is any unwanted touching that gratifies the assaulter (fondling or even penetration with a finger or other instrument). One not included in here is forced sodomy.

Article 120—Rape and carnal knowledge
Text.
“(a) Any person subject to this chapter who commits an act of sexual intercourse by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.”
(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a person—
(1) who is not his or her spouse; and
(2) who has not attained the age of sixteen years, is guilty of carnal knowledge and shall be punished as a court-martial may direct.
(c) Penetration, however slight, is sufficient to complete either of these offenses.
(d)
(1) In a prosecution under subsection (b), it is an affirmative defense that—
(A) the person with whom the accused committed the act of sexual intercourse had at the time of the alleged offense attained the age of twelve years; and
(B) the accused reasonably believed that the person had at the time of the alleged offense attained the age of 16 years.
(2) The accused has the burden of proving a defense under subparagraph (d)(1) by a preponderance of the evidence.
Elements.
(1) Rape.
(a) That the accused committed an act of sexual intercourse; and
(b) That the act of sexual intercourse was done by force and without consent.
(2) Carnal knowledge.
(a) That the accused committed an act of sexual intercourse with a certain person;
(b) That the person was not the accused’s spouse; and
(c) That at the time of the sexual intercourse the person was under 16 years of age.
Explanation.
(1) Rape.
(a) Nature of offense. Rape is sexual intercourse by a person, executed by force and without consent of the victim. It may be committed on a victim of any age. Any penetration, however slight, is sufficient to complete the offense.
(b) Force and lack of consent. Force and lack of consent are necessary to the offense. Thus, if the victim consents to the act, it is not rape. The lack of consent required, however, is more than mere lack of acquiescence. If a victim in possession of his or her mental faculties fails to make lack of consent reasonably manifest by taking such measures of resistance as are called for by the circumstances, the inference may be drawn that the victim did consent. Consent, however, may not be inferred if resistance would have been futile, where resistance is over-come by threats of death or great bodily harm, or where the victim is unable to resist because of the lack of mental or physical faculties. In such a case there is no consent and the force involved in penetration will suffice. All the surrounding circumstances are to be considered in determining whether a victim gave consent, or whether he or she failed or ceased to resist only because of a reasonable fear of death or grievous bodily harm. If there is actual consent, although obtained by fraud, the act is not rape, but if to the accused’s knowledge the victim is of unsound mind or unconscious to an extent rendering him or her incapable of giving consent, the act is rape. Likewise, the acquiescence of a child of such tender years that he or she is incapable of under-standing the nature of the act is not consent.
(c) Character of victim. See Mil. R. Evid. 412, concerning rules of evidence relating to an alleged rape victim’s character.


Article 134 – Assault with intent to commit rape
(4) Assault with intent to commit rape. In assault with intent to commit rape, the accused must have intended to overcome any resistance by force, and to complete the offense. Any lesser intent will not suffice. No actual touching is necessary, but indecent advances and importunities, however earnest, not accompanied by such an intent, do not constitute this offense, nor do mere preparations to rape not amounting to an assault. Once an assault with intent to commit rape is made, it is no defense that the accused voluntarily desisted.


Article 134 – Indecent assault
(1) That the accused assaulted a certain person not the spouse of the accused in a certain manner;
(2) That the acts were done with the intent to gratify the lust or sexual desires of the accused; and
(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Answer 2

An assault is like the threat of physical attack...
...add indescent and you know where thats going...

A rape is non-consensual sex.
...meaning penetration...

If there's no proof of a rape - meaning the victim did not bother - or could not endure - to go through the screening right afterwards where they scrape for seamen...and there are no witnesses...and there's no confession...then the best the victim can press for is an "indescent assault".

For most victim's this isn't nearly enough...but from an objective viewpoint...this is significant.
It still goes down on a rap sheet, it's still a huge warning to the perpetrator, and if it happens again there's usually very little tolerance in the courts.

In any case...I always recommend victims seek therapy on top of their court appointed social worker...

Answer 3

It is my understanding that Indecent assault would include grabbing someones rear end, breast ect. Also acts such as undoing someones bathing suit ect. Rape is rape IE Having intercourse with someone against their will.

Much the same way you have the assault laws.. Afrey = little fight no one hurt. Battery = attack with minor bruises. Aggravated Assault is basically attempted murder.

I Hope that helps. In Georgia we call indecent assault sexual battery I think.

I hope that helps.

GOD bless ya

Answer 4

A full fledged forced intercouse is a rape and anything less than that is termed as indecent assault.

Answer 5

Rape- the full act. Indesent assult- like touching, grabbing and the like.

Answer 6

Yes, but it was rape by a family member then it would be both.

Answer 7

yes

Answer 8

yep