What is the Difference Between Sexual Abuse Vs Sexual Assault?

Experiencing any form of sexual harm can deeply affect someone, leaving them with emotional, physical, and psychological damage that can be long lasting. Its impact reaches not only to the survivors, but also to their families, communities, and society all together. Addressing sexual abuse and sexual assault requires awareness and supportive resources that prioritize healing, justice, and prevention. By shining a light on these cases, we can gain better clarity into the matter, provide meaningful support to those who have been affected, and promote a safer environment for everyone.

What Is the Legal Definition of Sexual Abuse?

Sexual abuse is defined as any form of unwanted sexual contact or behavior that occurs without a person giving consent ( touching, fondling, and penetration). Non-physical acts, such as exposing oneself or forcing someone to look at sexual acts or content may also apply. Notable factors that fall under sexual abuse include the following:

Lack of consent
Intentional sexual conduct made by a perpetrator
Use of force, threats, manipulation, or exploitation
Age or power gap, particularly with cases involving minors or patients

What Is Sexual Assault?

A woman cowering in fear while a person is clenching their fist.

Sexual assault refers to any non-consensual or attempted act that consists of force, coercion, threats, or manipulation. It is considered as a serious criminal offense under federal and state laws. In most jurisdictions, sexual assault can involve a range of behaviors, like unwanted sexual touching, rape, or attempted rape. The defining factor is the absence of consent. Sexual assault can involve:

Penetration without consent
Sexual contact or groping against a person’s will
Coercion or forcing someone into sexual activity through threats, intimidation, or misuse of authority
Sexual acts involving victims who cannot consent

What Is the Difference Between Sexual Abuse and Assault?

Even though sexual abuse and sexual assault are commonly used interchangeably, they do have distinct legal definitions depending on state laws. Both involve non-consensual sexual conduct. However, the nature of the act, relationship to the victim, and the legal classification will have a difference:

Nature of the offense: Sexual assault is when a specific criminal act involves unwanted sexual conduct or penetration without consent whereas sexual abuse demonstrates a pattern of ongoing behavior, specifically when the victim is a minor or a vulnerable adult.
Focus of the law: Sexual assault laws highlight the act itself, whether force, coercion, or no consent were involved. Sexual abuse regulations look more into the relationship between the victim and perpetrator. This includes cases that consist of family members or teachers.
Victims age and consent: Sexual abuse commonly involves minors or someone who cannot legally consent to sexual activity under any circumstances given. Sexual assault, on the other hand, may consist of victims of any age range, including adults who encounter sexual contact or behavior that happens without voluntary and informed consent.

How Common Are Sexual Abuse and Sexual Assault?

Due to the nature of sexual violence, these types of crimes can happen anywhere, from the workplace to even during a rideshare trip. According to the U.S. Sentencing Commission’s FY 2024 Quick Facts on Sexual Abuse Offenses, the federal government managed 1,430 sexual abuse cases, out of 61,678 total federal cases. This is a 62.5% increase compared to FY 2020. Men (93.5%) were the vast majority sentenced, with almost 96% of them being U.S. citizens and the average age standing at 38.

Two guys hitting on a woman who is clearly not interested.

Roughly all (99.2%) of them received prison sentences, and the average for sexual abuse offenses was 221 months, translating to more than 18 years in prison. These figures primarily focus on federal prosecutions, and do not highlight state or local cases, meaning that sexual abuse and assault is more significant than federal data itself can demonstrate.

In terms of child sexual abuse, the Centers for Disease Control and Prevention (CDC) reported that at least 1 in 4 girls and 1 in 20 boys in the U.S. are victims to child sexual abuse. Most of these cases, particularly 90%, are perpetrated by someone known and trusted by the child, including family members. Extending further than the immediate physical and emotional harm, child abuse involving unwanted sexual activity carries a major economic impact. In 2015, the total lifetime economic burden of such cases was estimated to be at $9.3 billion.

How Do Perpetrators Choose Their Victims?

A man pinning a woman against the wall.

Perpetrators will choose their victims based on assumed vulnerability. They may try to take advantage of a person’s intoxication to drugs or alcohol since these substances can impair one’s judgement and reduce their awareness, making them susceptible to non-consensual sexual contact or unwanted touching. Disabled people are also targeted, as abusers will assume they are less able to resist or have the assault reported. Perpetrators could even manipulate relationships with a romantic partner or coerce someone by promising sexual favors, exploiting trust to carry out sex abuse. In other cases, they could use physical force or intimidation to push for control and carry out acts of a sexual nature.

What Legal Penalties Exist for Sexual Abuse and Sexual Assault?

In California, sexual abuse and sexual assault are taken very seriously. Penalties will depend on certain elements, including the victim’s age, the occurrence of force or threats, and if the perpetrator has any prior offenses. Rape, emphasized under Penal Code § 261, consists of non-consensual sexual intercourse by force, threats, or when the victim is incapacitated. When it comes to adult victims, punishments can range from three to eight years in state prison. If the victim is a minor, penalties will become harsher. For affected individuals 13 and younger, legal consequences are the most severe. The perpetrator can be held nine to thirteen years in state prison.

A closeup of the definition for the word 'Law'.

Aggravated sexual assault of a child under the age of 14 who is at least seven years younger than the offender will be classified as a felony and be punishable by 15 years to life in state prison (Penal Code § 269). Under Penal Code § 243.4, it is a crime to touch someone else’s intimate parts without consent. This offense may be deemed as a misdemeanor or felony based on the circumstances involved. A misdemeanor can lead up to one year in county jail and fines of up to $2,000, whereas a felony conviction can result in two, three, or four years in state prison with fines of up to $10,000.

For more intense cases that involve non-consensual sexual intercourse, Penal Code § 261defines rape as any penetration, regardless of whether it is minimal, done through force, duress, fraud, or when a person is unable to give consent. Sentences will differ according to the victim’s age. If they are 18 or older, penalties will range from three, six, or eight years in prison. Perpetrators who have gone after 14-17 year olds will be sentenced to seven, nine, or eleven years, and lastly, if the victim is 13 or younger, the sentence will be nine, eleven, or thirteen years. Additional time may be applied if aggravating factors are present.

Separate offenses, including continuous sexual abuse of a child, involve survivors under 14 and continuous acts over a certain period of months, and can carry six, twelve, or sixteen years in state prison, in addition to mandatory sex offender registration (Penal Code § 288.5). This is intended for perpetrators who have ongoing access to a child rather than for cases that involve single, isolated acts of abuse.

What Is the Statute of Limitations for Sexual Assault and Sexual Abuse?

In California, the statute of limitations for sexual violence will vary according to the type of offense, the victim’s age, and when the crime was reported:

A book titled 'Statute of Limitations'.

Penal Code § 799: There is no statute of limitations for prosecuting the most serious crimes, like those punishably by death, life imprisonment (with or without parole), or embezzlement of public funds. Specific sexual offenses could also fall under this provision, allowing prosecution at any time if the crime took place on or after January 1, 2017. For offenses that were committed prior to this date, the removal of the time limit will apply only if the prior statute of limitations had not yet ended.
Penal Code § 801.1: When it comes to serious sexual offenses, such as rape, sexual assault, or sexual penetration involving an unknown object, California law will extend the time for prosecution if the victim was a minor at the time of the incident. In these cases, charges may be filed at any time before the victim turns 40, provided the offense happened on or after January 1, 2015, or if the previous statute of limitations had not yet expired. For other types of serious sexual crimes not covered under this provision, prosecution will typically be required within 10 years of the offense.

What Are the Most Common Symptoms a Survivor Might Experience?

A woman looking out of a window sadly.

Research shows victims of sexual abuse and sexual assault experience various types of psychological, physical, and behavioral symptoms. Many survivors have sustained post-traumatic stress disorder (PTSD), anxiety, and depression. PTSD symptoms appeared within weeks to months after an assault. In terms of physical injury, affected individuals would report sleep disturbances, insomnia, and other stress-related somatic complaints, all directly connected to the trauma they endured. Behavior-wise, survivors may react to the aftermath of assault or abuse by having flashbacks, trouble concentrating, and difficulties maintaining relationships. Long-term research further shows that these cases can last for years, especially in adolescents, ultimately resulting in chronic mental health complications and impacts on daily functioning.

How Can Survivors of Sexual Abuse and Sexual Assault Get Help and Support?

Survivors of sexual abuse and sexual assault can have several resources available for help and support. Healthcare providers (doctors, nurses, and mental health professionals) can take note of the symptoms, provide counseling, and stay connected with survivors to maintain ongoing care. Therapists and support groups may provide a safe space for victims to process trauma and help manage any emotional, behavioral, or psychological issues and develop healthy coping strategies.

A distraught woman looking stressed while on the couch.

Legal options are also available. Affected individuals can reach out to law enforcement or experienced sexual assault attorneys who will understand their rights, report sex crimes, and pursue a claim if they choose to move forward with this process. In addition, national resources, like the RAINN National Sexual Assault Hotline (1-800-656-HOPE, text “HOPE” to 64673, or chat online), is available 24/7 to provide support from trained specialists. Survivors may be given access to connect to local counseling services, legal aid, and advocacy organizations. They can also receive information and tools to help with their healing journey.

West Coast Trial Lawyers Is Here to Stand With Victims of Sexual Abuse and Assault

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Victims of sexual abuse and sexual assault may feel overwhelmed with the idea of directing themselves to the path towards recovery. But, seeking justice is always possible with the right support. At West Coast Trial Lawyers, we are determined to help survivors understand their legal options, whether that would involve filing a civil lawsuit to hold the perpetrator responsible for their actions or working with authorities to pursue criminal charges.

Everyone has their own unique experience, and we are committed to provide compassionate and informed assistance every step of the way, empowering individuals to take charge and reclaim their sense of security and independence. Taking the first step toward justice can feel challenging, but you do not have to do this on your own.

You can book a FREE consultation with our legal team to go over your situation in a safe and supportive setting by calling (213) 927-3700 or filling out or quick online contact form.

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