What Is Considered Sexual Assault? A Legal Guide for Survivors

If you are reading this, you may be trying to make sense of something that happened to you or to someone you love. What is considered sexual assault is any sexual contact or act that occurs without your clear and voluntary consent. That single idea, the absence of consent, sits at the center of every legal definition that follows. This guide explains what the law recognizes as assault, the acts that qualify, the difference between assault and harassment, and the rights you have as a survivor in California. It is written to inform, not to alarm, and nothing here is your fault.

What Is Considered Sexual Assault? The Legal Definition

The legal definition of sexual assault is any nonconsensual sexual act prohibited by federal, state, or tribal law, including any sexual act committed when the victim cannot legally consent. The U.S. Department of Justice uses this definition nationwide, and most state laws follow the same core principle. If you are asking what is sexual assault under the law, the answer always returns to consent, and understanding what is sexually assaulting another person starts there.

The federal and common-law definition

The federal government defines sexual assault as any sexual contact or behavior that happens by force or without the consent of the person on the receiving end. According to the Department of Justice Office on Violence Against Women, the term covers any nonconsensual sexual act proscribed by federal, tribal, or state law, including situations where the victim lacks the capacity to consent. RAINN, the largest anti-sexual-violence organization in the country, defines it the same way, as any sexual contact or behavior that occurs without clear, voluntary, and informed consent. The exact wording of each statute varies by state, but the controlling question is always the same. Did the contact happen without consent? To understand what is sexual assault, you start there.

What role does consent play in the legal definition?

Consent is the entire foundation of what is considered sexual assault. Valid consent must be freely given, informed, and ongoing, and either person can withdraw it at any time. Silence, passivity, or a failure to fight back does not count as consent, and agreeing once does not mean agreeing to anything that follows. A person also cannot give consent while asleep, unconscious, heavily intoxicated, or otherwise unable to understand what is happening. When consent is missing or cannot legally be given, the contact is sexual assault.

Does sexual assault require physical force or injury?

No. Sexual assault does not require physical force, a struggle, or any visible injury. Force in the legal sense can be emotional, verbal, or psychological, and many assaults involve no violence at all because the survivor was frozen, threatened, or unable to consent. The absence of bruises, torn clothing, or a fight does not mean an assault did not happen, and it does not weaken a survivor’s account. What is sexually assaulting someone comes down to consent, not to whether force or injury was involved.

What Counts as Sexual Assault? Acts That Legally Qualify

What counts as sexual assault includes a wide range of acts, from unwanted touching to penetration, whenever they happen without consent. Examples of sexual assault are recognized across US states regardless of whether anyone was physically injured or criminally charged. Each act below shares the same missing element, which is consent.

What the law recognizes

What Counts as Sexual Assault?

Every act below shares one missing element, consent. Physical injury and criminal charges are not required for an act to qualify.

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Rape and non-consensual penetration

Penetration of the body by a body part or object, without consent.

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Sexual coercion

Pressure, threats, or manipulation used to obtain compliance.

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Groping and unwanted touching

Touching of intimate areas for sexual purposes, even over clothing.

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Non-consensual exposure

Indecent exposure or being forced to witness sexual acts.

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Kissing without consent

A forced kiss of a sexual nature, even when nothing else occurs.

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Contact while unable to consent

Any sexual contact with someone asleep, unconscious, or intoxicated.

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Sexual battery

Intentional, non-consensual sexual touching of another person.

• Rape and sexual penetration without consent. Any non-consensual penetration of the vagina or anus by a body part or object, or oral penetration by a sex organ, qualifies as rape. This is the most serious category and is prosecuted as a felony in every US state.
• Groping and unwanted sexual touching. Non-consensual touching of a person’s genitals, buttocks, breasts, or other intimate areas for sexual purposes is sexual assault. It still qualifies even when the person is fully clothed.
• Kissing without consent. Forcing a kiss of a sexual nature on someone who has not agreed to it is treated as sexual assault in many states, even when no other contact occurs.
• Sexual battery. Sexual battery is intentional, non-consensual sexual touching that offends a reasonable sense of dignity. Many states, including California, treat sexual battery as a category of sexual assault.
• Sexual coercion. Using pressure, threats, manipulation, or substances to obtain sexual compliance is coercion. The absence of physical force does not make coerced contact any less of an assault.
• Non-consensual exposure or forced witnessing of sexual acts. Indecent exposure and forcing someone to watch sexual acts against their will qualify as forms of sexual assault in many jurisdictions.
• Assault against an incapacitated person. Any sexual contact with someone who is asleep, unconscious, intoxicated, or otherwise unable to consent is sexual assault, no matter the prior relationship between the people involved.

One of the most common questions survivors ask is how sexual assault differs from rape. The table below shows the relationship between the two terms.

Relationship between the two terms as used across US criminal statutes. Exact definitions and charging categories vary by state.

Types of Sexual Assault

Sexual assault takes many forms, and most are committed by someone the survivor already knows rather than a stranger. What is considered a sexual assault can look very different depending on the relationship and the setting, and understanding the common types of sexual assault can help survivors recognize their experience and understand that it is valid. The categories below often overlap.

Acquaintance and intimate partner sexual assault

Most sexual assaults are committed by someone the survivor knows, such as a friend, date, coworker, or current or former partner. Assault within a relationship is still assault. Being married to or previously intimate with someone never creates ongoing consent.

Institutional sexual assault

Institutional sexual assault happens within organizations that hold power over people in their care, such as schools, hospitals, places of worship, jails, and rideshare or transportation services. These cases often involve someone who used a position of trust or authority to reach the victim. The organization itself may share legal responsibility when its negligence allowed the abuse to occur, as in cases of Uber Driver Sex Abuse.

Sexual coercion and non-physical assault

Sexual coercion is non-physical pressure used to make someone take part in sexual activity they do not freely agree to. According to the U.S. Office on Women’s Health, coercion can include guilt, threats, manipulation, or wearing someone down until they stop saying no, and it may be a form of sexual assault. What is sexual coercion in practice often looks like a repeated no that was eventually overridden by pressure rather than force. Many survivors of coercion do not realize that what happened to them can be legally actionable.

Childhood and historical sexual abuse

Childhood sexual abuse refers to sexual contact with a minor, who cannot legally consent under any circumstances. Survivors often do not come forward until years or even decades later, and California law recognizes this by giving survivors of childhood abuse extended time to file a claim. Our guide to what is molestation covers the contact and non-contact conduct these cases involve. We write about these cases with care, because the harm is lifelong and the survivor is never to blame.

Sexual assault by strangers vs. known perpetrators

Stranger assault, the scenario many people picture first, is actually the least common. Whether the person who assaulted you was a stranger or someone you trusted, the law treats the act the same way. The relationship does not change what is considered sexual assault.

What Is NOT Considered Sexual Assault?

Not every uncomfortable or unwanted experience meets the legal definition of sexual assault, and understanding the line can help survivors and their families know when the law applies. Knowing what is considered a sexual assault, and what falls outside that definition, can bring real clarity. The situations below are often confused with assault but are usually treated differently. A sexual abuse lawyer can tell you which category your experience falls into.

The line between sexual harassment and sexual assault

Sexual harassment and sexual assault are related but legally distinct. Harassment usually refers to unwelcome comments, advances, or conduct, often in a workplace or school, that create a hostile environment, while assault involves actual or attempted non-consensual physical contact. The same situation can include both. When harassment escalates to unwanted touching, it can cross the line into sexual assault. Our breakdown of the types of sexual harassment explains where each form sits, and a separate guide covers whether you can sue for sexual harassment in California.

Consensual acts that are later regretted

Regret does not turn a consensual encounter into sexual assault. If both people freely agreed at the time and were able to consent, the law does not treat later regret as a crime. The legal question focuses on whether consent existed during the encounter, not on how either person felt afterward.

When physical contact is non-sexual in nature

Accidental or non-sexual contact is generally not sexual assault. A bump in a crowded space, a medical examination performed for a legitimate purpose, or contact that is not sexual in nature usually falls outside the definition. The deciding factors are intent and consent. Contact made for sexual purposes without consent is what separates an assault from an innocent or accidental touch.

What Are Your Legal Rights as a Sexual Assault Survivor?

As a survivor of sexual assault, you have the right to seek accountability and financial recovery through the civil court system, separate from anything that happens in criminal court. These rights belong to you whether or not you ever reported the assault to police. A sexual assault lawyer can walk you through each of the civil rights survivors have in California, which the sections below outline.

The right to file a civil lawsuit independent of criminal charges

You can file a sexual assault lawsuit even if no criminal case was ever brought and even if a criminal case ended without a conviction. California Code of Civil Procedure section 340.16 states that it is not necessary that a criminal prosecution or other proceeding have been brought, or, if one was brought, that it resulted in a conviction or adjudication. A civil case is your own action, brought to recover compensation, and you control the decision to pursue it. Time limits apply and vary by situation, so it is wise to speak with a sexual assault attorney promptly. If you are weighing whether to go to police first, our step-by-step guide on how to report sexual assault walks through each option.

Who can be sued: the perpetrator and third parties

Survivors can often sue more than just the individual who committed the assault. The perpetrator is the primary defendant, but third parties may also be legally responsible when their negligence enabled the abuse. Examples include an employer who ignored complaints, a property owner who failed to provide reasonable security, or a company that failed to screen or supervise the person who caused harm.

What compensation can survivors recover?

Survivors can recover compensation for both financial and personal losses. Economic damages cover measurable costs such as medical care, therapy, and lost income. Non-economic damages cover pain, suffering, and emotional distress, and in cases of egregious conduct a court may also award punitive damages. Under California Civil Code section 1708.5, a person who commits sexual battery is liable to the survivor for damages, including general, special, and punitive damages. Our guide to sexual abuse compensation explains what each category covers in more detail.

How to prove sexual assault in a civil case

A civil case uses a lower standard of proof than a criminal trial. To prevail, you generally must show that it is more likely than not that the assault occurred, which California calls the preponderance of the evidence standard (California Evidence Code section 115). That is a lower bar than the beyond a reasonable doubt standard a criminal prosecutor must meet, which is why a survivor can succeed in a civil case even when no criminal charges were filed. Evidence can include your own testimony, medical records, messages, and witness accounts. A sexual assault attorney can explain how to prove sexual assault in your specific situation and whether you can sue for sexual assault in your circumstances.

Why Choose The Schenk Law Firm for Your Sexual Assault Case?

Survivors deserve an advocate who treats them with compassion and takes their case seriously. The Schenk Law Firm has represented injured and wronged people since 1979, and the firm approaches sexual assault and abuse cases with discretion and a trauma-informed focus on the survivor. Here is what working with the firm involves.

Since 1979, The Schenk Law Firm has helped clients recover more than $25 billion through verdicts, settlements, and arbitration. Past results do not guarantee future outcomes, and every case is different. The firm’s attorneys handle sensitive matters privately, explain your options in plain language, and let you move at your own pace. As a sexual assault lawyer team that works on contingency, the firm charges No Fee Unless We Recover On Your Behalf, so getting answers costs you nothing.

You deserve to know whether what happened to you is legally actionable. Call (858) 424-4444 or start your free, confidential case evaluation online. There is no obligation, and No Fee Unless We Recover On Your Behalf. If your situation also involves your civil rights, our team can help as well.

Frequently Asked Questions

What is considered sexual assault in the US?

In the US, sexual assault is any sexual contact or act that happens without clear, voluntary consent. The Department of Justice defines it as any nonconsensual sexual act prohibited by law, including any act committed when the victim cannot legally consent. Exact definitions vary by state, but the absence of consent is the common thread that determines what is considered sexual assault.

What counts as sexual assault?

What counts as sexual assault includes unwanted touching, groping, kissing, penetration, sexual coercion, and any sexual contact with someone who cannot consent. These examples of sexual assault do not require physical injury or criminal charges to qualify.

Is groping considered sexual assault?

Yes. Groping, meaning non-consensual touching of someone’s intimate areas for sexual purposes, is considered sexual assault. It qualifies even if the person was clothed and even if no other contact occurred.

Is kissing without consent considered sexual assault?

Yes. A forced or non-consensual kiss of a sexual nature is treated as sexual assault in many states, even when nothing else happens. The deciding factor is the lack of consent, not the severity of the contact.

What is the difference between sexual assault and rape?

Rape is one specific type of sexual assault that involves non-consensual penetration. Sexual assault is the broader category that also covers touching, groping, and other non-consensual acts. All rape is sexual assault, but not all sexual assault is rape.

What is sexual coercion, and is it sexual assault?

Sexual coercion is non-physical pressure, such as threats, guilt, or manipulation, used to make someone take part in unwanted sexual activity. According to the Office on Women’s Health, coercion can be a form of sexual assault and may be against the law, even though no physical force is used.

What is sexual battery?

Sexual battery is intentional, non-consensual sexual touching of another person’s intimate parts. In California, Penal Code section 243.4 makes it a crime that can be charged as either a misdemeanor or a felony, and Civil Code section 1708.5 lets survivors sue for damages.

What is considered sexual assault vs. sexual harassment?

Sexual assault involves non-consensual physical contact, while sexual harassment usually involves unwelcome comments, advances, or conduct, often at work or school. The two can overlap, and harassment that escalates to unwanted touching can become sexual assault.

Can you sue for sexual assault in a civil case?

Yes. You can sue for sexual assault in a civil case to recover compensation, whether or not criminal charges were filed and even if there was no conviction. A civil claim is separate from the criminal system and uses a lower standard of proof.

Is sexual assault a felony?

It depends on the act and the state. Serious offenses such as rape are felonies everywhere in the US, while acts like misdemeanor sexual battery may be charged as either a misdemeanor or a felony. In California, sexual battery under Penal Code section 243.4 can be either, depending on the circumstances.

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