It’s actually harder to define than you’d think. According to the United States Department of Justice, sexual assault is “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” Sexual assault is basically an umbrella term that includes sexual activities such as rape, fondling, and attempted rape.However, the legal definition varies depending on which state you’re in, and can even be different depending on where you were when the assault happened, Emily Austin, director of advocacy services for California Coalition Against Sexual Assault, tells SELF. For example, she says, sexual assault on college campuses in California means a sex act that occurred without affirmative consent (which is described as active, voluntary participation), while California criminal law defines rape as nonconsensual sexual intercourse, and other laws govern different forms of sexual assault beyond intercourse. “It’s complex,” she admits.
Jennifer Gentile Long, the chief executive officer of AEquitas: The Prosecutors' Resource on Violence Against Women, a global project she co-founded in April 2009, tells SELF those include:
- Penetration crimes
- Of a body part by another body part (i.e., penal penetration of mouth, anus, vagina)
- Of a body part by an object
- Contact with genitalia, breast, buttocks, or other intimate body parts
- Exposure of genitalia, breast, buttocks or other intimate body parts
According to Austin, sexual harassment can include sexual assault (such as rape and/or grabbing), but it’s also broader. Sexual harassment “includes creating a hostile environment, pervasive jokes/comments, looks, and body language that makes an individual feel harassed,” she says. But, again, the exact definition can vary by state.
