States differentiate between rape and other types of illegal sexual contact.

Forms of Sexual Assault

States differentiate between rape and other types of illegal sexual contact.

Rape and criminal sexual penetration

Whether a state’s laws call forced sexual intercourse “sexual assault,” “rape,” “sexual battery,” or “criminal sexual penetration,” the criminal conduct usually is designated as sexual penetration or sodomy without consent. Sexual penetration normally is defined as penetration of the vagina with a body part or an object and sodomy normally is defined as oral sex – contact between the mouth and penis or female genitalia – or penetration of the anus with a body part of object.

Sexual battery and criminal sexual contact

Most states criminalize sexual conduct that does not include penetration, oral sex or sodomy, but that is conduct that is sexual in nature and occurs without the other person’s consent. This conduct usually is referred to as sexual battery or criminal sexual contact. (Note: Some states define sexual battery as sexual penetration while others define it as only sexual touching.) A common definition for sexual battery is touching of an intimate part of the body (clothed or unclothed, depending on the state) for the purpose of sexual arousal or pleasure, without the other person’s consent; or forcing another person to touch an intimate part of the offender’s body.

Consent

Lack of consent is the crucial component of sex crimes. Sexual conduct becomes criminal when sexual touch is not consented to, either because the offender forces another person to be sexual against his or her will, or because the other person is considered incapable of consenting or has a diminished capacity to consent. States generally criminalize sex with a minor under the age of fourteen or fifteen, a developmentally disabled person, someone who is mentally ill, or a person who is incapacitated – drugged, drunk or unconscious – or otherwise physically helpless. When sexual contact is with a developmentally disabled or mentally ill person, the issue of consent may be whether the person had the capacity to knowingly consent to sexual contact.

Sexual conduct with a minor

In some states, sex with a minor is criminalized only if the offender is older than the victim by a certain number of years – more than three years, for instance. This allows for a fifteen year old to have sex with her eighteen year old boyfriend without the boyfriend’s actions being criminal. If a 21 year old had sex with a 15 year old in the same state, however, the sex would be criminal.