The difference between sexual assault and sexual battery is that sexual assault involves nonconsensual intercourse with a victim. In contrast, sexual battery involves a nonconsensual groping or touching of a victim’s intimate parts. While both of these are treated as sex crimes, sexual assault is a more serious offense.
Note that the precise meaning of these terms can vary by state. In some states, “sexual assault” is more of an umbrella term that comprises all types of unlawful sexual touching.
1. Do “sexual battery” and “sexual assault” mean the same thing?
The criminal laws of some states use both terms to describe the same crime. In these jurisdictions, acts of sexual battery and sexual assault involve sexual acts where you:
- touch the “intimate parts” of another,
- do so without that person’s consent, and
- do so for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.1
Lack of consent
Examples of where a person lacks the ability to consent to sex include if he or she is:
- being physically forced or coerced into submission such as through threats, weapons, restraints, or other violence;
- intoxicated by alcohol or drugs, which may impair their judgment and cause them to comply with having sex when they would not otherwise;
- unconscious (including sleeping or passed out); and/or
- under the age of consent (which varies by state)
Intimate parts definition
The term “intimate parts” generally means a female’s breasts and the following areas of a male or female:
- genital area,
- anus,
- groin,
- inner thighs, or
- buttocks.2
Penalties
Depending on the facts of the case (such as the victim’s age), and the state laws for the jurisdiction in which you are convicted in, sexual battery charges/sexual assault charges are usually filed as either a misdemeanor or a felony.
The crime is often punishable by:
- jail time or a state prison sentence, and/or
- extensive fines.
Offenders will also have to register as a sex offender.
2. Do some states make a distinction between the two crimes?
Yes. Some states treat sexual battery and sexual assault as different sex crimes. In these states, sexual battery usually refers to sexual contact or sexual activity as described above.
Sexual assault, though, is treated as the same crime as rape. For example, Arizona and Colorado treat rape and sexual assault as the same criminal offense.3
The crime of rape generally refers to the offense of:
- having forcible “sexual intercourse” with another person, and
- doing so without that person’s consent.4
“Sexual intercourse” generally means:
- oral, anal, or female genital sexual penetration by, or union with, the sexual organ of another, or
- the anal or female genital penetration of another by any other object.5
Penalties
In those states that treat sexual assault and rape as the same offense, the crime is typically a serious felony offense punishable by several years in state prison. Those convicted of the crime also have to register as a sex offender.
Note that in some jurisdictions, sexual assault and sexual battery can be prosecuted as aggravated crimes. This typically means that there are one or more circumstances that make the sex offense especially egregious. Examples are:
- the victim suffered a severe injury or death;
- the defendant used a deadly weapon;
- the victim was very underage or disabled.
Penalties for aggravated sex offenses can be significantly harsher than if there were no aggravating factors.
3. Is “sexual abuse” different?
Yes. Most states say that sexual abuse is a separate and distinct type of crime from sexual battery and sexual assault.
Most jurisdictions use the term “sexual abuse” to refer to sexual conduct or a sexual offense performed against a minor, or a person under the age of consent.6
The sexual conduct in these cases usually involves instances of:
- kissing, touching, or fondling of the “victim,”7 and/or
- child molestation or statutory rape.8
The sexual abuse of a child can also involve instances where a defendant:
- makes the alleged “victim” expose or touch their own intimate parts,9 and/or
- takes sexually explicit photos or videos of a child (as in cases of child pornography).10
4. Can victims file a civil lawsuit?
Yes. You can usually file a civil lawsuit if you are the victim of sexual battery, sexual assault, or sexual abuse.
You would file the suit against the alleged offender. You can even file this suit if the alleged offender has not been:
- convicted of a sexual crime, or
- charged with one.
Damages
If you succeed in the case, you could receive compensation for such things as:
- medical bills,
- psychological counseling,
- lost wages,
- lost earning capacity, and
- pain and suffering.
Legal References:
- See, for example, California Penal Code 243.4 PC.
- See, for example, Code of Georgia 16-6-22.1.
- See Colorado Revised Statutes 18-3-402 and Arizona Statutes 13-1406.
- Black’s Law Dictionary, Sixth Edition – “Rape.”
- See, for example, Florida Statutes 794.05; 18 Pa. C.S. § 3121; NJ Rev Stat § 2C:14-2; NJ Rev Stat § 2C:14-3.
- Black’s Law Dictionary, Sixth Edition – “Sexual abuse.”
- See, for example, Arizona Revised Statute 13-1401A3a
- See, for example, Nevada Revised Statute 200.368.
- See, for example, Texas Penal Code 21.11.
- See, for example, Florida Statute 775.0847.
