Center for a Non-Violent Community

What is Sexual Assault?

Sexual assault is legally defined as any sexual activity which is carried out against a person’s will, using force, manipulation, and/or coercion. It can include many forms including rape, incest, child molestation, same sex assault, sexual battery, acquaintance rape, and spousal rape.

Rape is a violent act motivated by a desire to control and have power over someone. It is not done in response to a sexual urge. Rape is always a violent act, which happens to be carried out in a sexual manner.

Age matters. State of California penal code states that a person must be 18 yrs old to be able to agree to have sex. If a person over 18 has sex with someone under 18, they may be liable for prosecution under the law, even if they thought both were 18 years old or older.

The ability to give consent matters. The California penal code acknowledges that if someone is drugged or drunk or unconscious or if a person has a mental disorder or a developmental or physical disability, or is elderly with certain conditions, they may not be capable of giving consent to have sex, so having sex with someone with one of the situations listed may leave you liable for prosecution under the law.

If one partner says ‘no’ to sex or says ‘no’ even after they initially said ‘yes,’ it is rape. You need to stop immediately. If someone uses a threat to force someone to have sex, that is sexual assault. If someone uses physical force to make sexual contact with someone, they are liable for prosecution under California law.