The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.
Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.
Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Washington State, sexual assault encompasses a range of nonconsensual sexual activities and is codified under the Revised Code of Washington (RCW). The term 'rape' is used to describe forced sexual intercourse or other forms of sexual penetration without consent, and it is classified into different degrees based on the severity of the offense (RCW 9A.44.040 through 9A.44.060). Additionally, Washington law recognizes the crime of 'indecent liberties,' which involves nonconsensual sexual contact for the purpose of sexual gratification without penetration (RCW 9A.44.100). The state also has specific statutes addressing sexual misconduct with a minor, voyeurism, and other related offenses. The definitions, penalties, and specific circumstances for these crimes are detailed in the state's penal code, and they are prosecuted as felonies or misdemeanors depending on the nature of the offense. It is important for individuals to understand that consent is a critical element in these laws, and lack of consent can result from various factors including coercion, force, or the incapacity of the victim to give consent.