What is the difference between sexual assault and rape? And what are the consequences of both?

Answer 1

The meaning of any legal term is based on the law of a particular jurisdiction. As such, the answer will vary based on the jurisdiction. In some jurisdictions, sexual assault might just be a general label applied to a category of cases with no particular legal meaning. In others, sexual assault might be a particular crime with specific elements.

Most jurisidictions recognize at least two major forms of sexual conduct -- sexual intercourse and deviate sexual intercourse. Sexual intercourse is typically defined as any penetration of the female sex organ by the male sex organ. Deviate sexual intercourse are all other types of sex -- oral, anal, or manual. In some states, it also includes penetration (of either the genitals or the anus) by an object.

The two basic sex crimes are rape and sodomy. Rape involves sexual intercourse. Sodomy involves deviate sexual intercourse. In all states, there is at least one (and sometimes several) forms of statutory rape and statutory sodomy based on a participant being beneath the age of consent.

What differs from state to state is the elements of rape and sodomy. In all states, one element of rape and sodomy is the lack of consent. In some states, however, there is the additional element of forcible compulsion. Forcible compulsion is typically defined as force sufficient to overcome reasonable opposition. In a third set of states, forcible compulsion is not an element of simple rape/sodomy but is an element of aggravated rape/sodomy.

In some of the states in the second category, there is a lesser charge not called rape/sodomy for cases in which there is "merely" a lack of consent without much force involved. In some of those states (including mine), "sexual assault" is the name given to this lesser charge.

Rape, especially forcible rape, is generally considered to be a very serious charge. Typically, the minimum sentence is a significant number of years in prison with a maximum sentence near the upper end of the range of punishment for any offense (in many states life). In addition, many states now require offenders convicted of rape to complete a sex offender treatment program before being eligible for parole. Also, many states now have programs in which rapists who are determined to be predators can be civilly committed after their sentence ends. Finally, in most states, rapists have to register as sex offenders whenever they move to a new residence.

Because sexual assault is more jursidiction specific, it is hard to note the consequences of it. However, in those states in which it is a felony, prison time is a possibility. In those states, the same rules regarding treatment programs, registration, and the possibility of civil commitment would apply to someone convicted of sexual assault (though civil commitment would be less likely than for someone convicted of rape).

Answer 2

I can only advise on UK law as that's what I'm trained in but basically, the offence of rape was re-defined in the sexual offences act of 2003.

Rape can only be committed by a man as its the penetration of the vagina, anus or mouth with a penis.

Any offence of this nature committed by a woman or indeed by a man with something other than a penis would be assault by penetration.

In simple terms, sexual assault is any form of unwanted touching that could be deemed as sexual by a person 'of reasonable firmness' (your average person).

This could be something as minor as touching someone on the backside or touching the genitals.

As for the consequences of these offences, its difficult to say as this would depend on the circumstances, previous offences of the defendant and the judge or jury on the day of the trial. An offender would usually be listed on the sexual offences register though.

Answer 3

I think that the term sexual assault is mostly a term used in the media. Although, some states might have a crime called sexual assault. States use different terminology for rape and various sex crimes. When I hear the term sexual assault, to me it means all the various sex crime, which could include rape.

In Oklahoma, there is no crime called sexual assault. Just off the top of my head, some of the sex crimes in Oklahoma include:

Rape: Sexual penetration, however slight, with penis.

Rape by Instrumentation: Penetration with the finger or other object.

Oral Sodomy: forced oral sex.

Lewd Molestation: Touch a young girl (age outline by statute) in a manner pertaining to sex

Sexual Battery: Similar to Lewd Molestation but the victim is different age.

Again, Oklahoma has no crime called "sexual assault" but some states may have a crime called that, which would be defined by the statue.

Answer 4

I'm not a police officer or lawyer, but my lay person understanding is that sexual assault includes much more minor offences like groping, flashing, and even in some places making sexual explicit comments to another person, and then everything right up to actual penetration. "Rape" I believe (though I may be wrong) is defined as actual penetration of the victim's vagina or anus with the agressor's penis, or another object. I expect the legal definitions might vary from one country/state to another though.

Obviously in order to be assault or rape these acts would have to be non-consensual.

Answer 5

Sexual assault is only an attack against a person with sexual intention while rape is the penetration of the sexual organ of a male to the organ of a woman.

Answer 6

let me tell you this, every state has different consequences for rape or sexual assault. i'd say sexual assault would be w/ out the consent, under any influence of drug or alcohol, and rape would have something to do w/ force/ strong arm.

Answer 7

there is no diffrence.