Understanding the charges that are brought against a sexual assault perpetrator can be difficult, especially as they pertain to civil lawsuits which may be brought after criminal charges have been decided. At Edwards Henderson, we understand that discussing your case, or the case of a loved one, may be incredibly difficult. We aim to help sexual assault survivors understand their rights, reclaim their voices, and pursue justice.

We are an experienced team of attorneys who use our knowledge of the law and our experience fighting powerful people to level the playing field and ensure you and your loved ones can properly heal from the crimes to which you have been subjected. No matter who is involved in your case, we will work toward seeing that they are held accountable. The first step is determining how you or your loved one has been assaulted, and how we can help you heal. 

Together, we will discuss the differences between rape and molestation. We understand that this is a challenging topic to think and talk about, but the distinction is important for understanding your legal options. During an in-person consultation, you will find our entire team is compassionate, understanding, and here for the sole purpose of helping you get back on your feet. 

What is Rape?

The definition of rape has broadened over time in many ways. Today, it is considered a gender-neutral crime. It is defined as the forced penetration of the vagina or anus, no matter how slight, with any body part or object, or oral penetration by a sex organ of another person. In addition, emissions are not required for a person to have been raped. 

Consent, or the willingness between sexual partners to engage in a particular sexual activity, is a significant factor in defining rape. Consent may be given verbally or non-verbally, but it can never be given by certain groups of people including:

• People who are incapacitated. If a person is unconscious, asleep, or under the influence of drugs or alcohol, they cannot give consent. 
• People who are coerced into sexual activity cannot give consent. If a person is threatened with harm to themselves or family members or blackmailed, they cannot give legal consent.
• Underage people. The age of consent is different from state to state and ranges between ages 16 and 18. 

Importantly, consent may change during a sexual activity. Changing one’s mind constitutes a withdrawal of consent. Likewise, giving consent for one sexual activity does not mean a person has given consent for another sexual activity. 

Lastly, relationship status does not guarantee consent. Even if partners are married, consent is never a guarantee. Both parties must agree and enthusiastically consent to the sexual activity for acceptable consent to be present. 

What Is Statutory Rape?

Statutory rape happens when a person has intercourse with another person who is not of legal consenting age. Because it is possible for a person under the age of consent to willingly participate in a sexual activity with someone older than the age of consent, force is not a required element of the crime. There are provisions (in some states) that allow for consensual sex between minors and adults, which we will discuss in greater detail below. 

What Are the Degrees of Rape?

The law defines rape in three different degrees. Each state’s law may differ slightly in how the degrees of rape are defined. The degrees of rape involve further harm to the victim in terms of forced compulsion to participate in the sexual act. 

• First-degree rape occurs when the perpetrator forcibly rapes another person with the threatened use or actual use of a deadly weapon, kidnapping, burglary, or bodily injury. First-degree rape is also considered a class A felony and is punishable by imprisonment. 
• Second-degree rape occurs when first-degree definitions are not met, but the victim was incapable of giving legal consent. This can occur in cases where a victim is incapacitated, or in cases when the perpetrator is in a position of power over another (such as a healthcare worker at a nursing home). Second-degree rape is also a class A felony and is punishable by imprisonment. 
• Third-degree rape occurs when the conditions of first-degree and second-degree rape are not met, but clear consent was not obtained. Third-degree rape may occur between people who know one another, such as people who are in committed relationships where one party has not given express consent to the other. Third-degree rape is also a felony and is punishable by imprisonment.

Given the definitions and degrees of rape, it can be difficult to determine the type of crime committed against you or a loved one. In some cases, it may even be difficult to determine if rape has occurred. 

How Do I Know if I Was Raped?

It is normal for survivors of rape to question whether or not their experience was valid. If you think you have been raped, or if a loved one you know thinks they have been raped, your experience is real. The following situations may be relatable and help you understand that what happened to you was, in fact, rape.

Rape can occur when:

• You initially gave consent but changed your mind. You have the right to withdraw consent at any time during a sexual act which you previously gave consent to. If you are uncomfortable and want to stop and the person with which you are engaging in intercourse with does not stop, a rape or assault occurs. 
• You said no, but the person pressured you to continue. If you initially give consent, then change your mind, the person who you are having intercourse with should stop. If they instead attempt to persuade you, nag you, or beg you to continue, and you say yes to get them to stop, you have not given proper consent. This is an example of forced or coerced consent and does not meet the legal definition of express consent. 
• You said no to something specific, but your partner tried it anyway. If you say no to anything and your partner still does it, it can be considered rape or assault.
• You were ignored when you said stop. Someone who commits a sexual assault may pretend to not hear you when you ask them to stop. They may ignore your demands that they discontinue. 
• The sexual act hurt and you told your partner, but they did not stop. Pain is a reason to stop a sexual act. If you express that you are hurting but the person you are engaged with does not stop, it can be considered a rape or assault. 
• Your face was held down, and/or you were held in a position you didn’t agree to. In this instance, the perpetrator has used force on you to obtain sexual intercourse. 
• You wanted your partner to use a condom, but they did not or took it off during intercourse. When boundaries about the use of protection are violated, it is considered rape. If you asked your partner to use a condom and they either did not use one or took one off during intercourse without your consent, it may be considered rape. 
• You did not say no. It is extremely important to understand that express consent is not given simply because a person does not verbally say “no.” If a person is threatened with a deadly weapon, or fearful that saying no will bring them or loved ones more harm, they have not given consent to the sexual act.
• You never fought back. Fighting back is rarely an option for rape survivors in scenarios where physical harm and the use or threat of a deadly weapon is involved. Fighting back in these scenarios could bring further harm to a victim, but not fighting back never implies consent. 
• You don’t remember what happened. Not remembering every detail of what happened, or not remembering the event itself does not mean that a rape has not occurred. If you were drugged, or if you are in shock, your memory may not be reliable which is why getting a physical examination as soon as possible is essential. 
• You were asleep or unconscious. Legal consent cannot be given when a person is asleep or unconscious.
• You were drunk or high. A person who is intoxicated through the use of drugs and/or alcohol cannot meet the qualifications for giving legal consent. 
• They were drunk or high. Being drunk or high is never an alibi for forced sexual intercourse. 
• You were friends with your assailant. Knowing someone personally does not give consent to sexual activity of any kind.
• You were in a relationship with your assailant. Rape can occur in a committed relationship (even a marriage) if consent is not properly given every single time that sexual intercourse occurs. 

Even though it may be difficult to come to terms with rape, understanding that you have not given your consent or that your boundaries changed and were not respected can help you understand that you have been violated sexually. The situations surrounding rape may often seem complicated, and it may be beneficial to have an experienced sexual assault attorney on your side to help you better understand consent versus assault in your particular case. 

Considering the above scenarios, it is also important to understand a rape survivor’s age and how it relates to determining the type and degree of sexual crimes committed against them. 

What is Molestation?

Molestation occurs when a sexual crime is committed against another person. These sexual crimes extend beyond rape and include a broad spectrum of acts. Molestation often involves someone who is not of legal age to give consent.

Molestation may also occur between two minors of the same age when one child is compliant by nature and the other child is the leader. Several different types of molestation help a court classify the severity and degree of molestation.

Types of Molestation

There are five primary types of molestation: 

1. Verbal molestation. Verbal molestation involves the use of sexual language toward a victim to shame or seduce them. Sometimes, the words used are not intended to cause harm, but a victim may carry trauma from them their entire lives.
2. Psychological molestation. A psychological molestation occurs when a perpetrator forces a victim to play the role of a trusted confidant, spouse, or other inappropriate role.
3. Covert Molestation. Covert molestation may happen without the victim knowing. It may involve stalking a victim on social media, taking photographs of them, and attempting to derive sexual pleasure from them without their consent or knowledge.
4. Aggravated molestation. Aggravated molestation occurs when a victim is physically injured during an offense, or if an act of sodomy occurs. 
5. Visual molestation. This type of molestation occurs when a victim is exposed to pornography, or when a perpetrator exposes their genitals to a victim or undresses in front of them. 

Acts of molestation may occur with strangers, but it is much more common for a victim to be molested by someone that they know and have previously spent time with. In addition, molestation is usually used to describe a single event, not repeated acts of abuse. 

What Is Child Molestation?

Molestation is a broad term used to describe sexual abuse against both minors and adults. However, child molestation generally refers to sexual abuse against individuals who are under the age of 18, however, the exact age group varies from state.

In addition, child molestation is often used to refer to a single or isolated sexual assault against a child, while child sexual abuse is used to describe continued and repeated sexual assault.

Difference Between Molestation and Rape

The terminology surrounding sexual assault, molestation, and rape can be confusing. In terms of how you or a loved one were harmed, the degree of crime committed is important in seeking justice and reclaiming your or your loved one’s autonomy. Both rape and molestation are unfathomable (and yet far too common) acts, but they have several key differences.

Definition of Rape

The definitions of both molestation and rape differ. Rape involves the forced penetration of the vagina or anus with any object or body part, or the forced oral penetration by the sex organ of another person. While molestation can include rape, rape does not always include molestation.

Degrees of Assault

Both molestation and rape carry penalties that can result in both civil and criminal charges. Depending on the degree of the sexual assault, the abuser may face imprisonment. Each state’s laws differ in how they define the degrees of molestation and rape, but they can be broadly defined according to the survivor’s age and the perpetrator’s age.

• First-degree molestation. First-degree molestation involves sexual assault against a child less than 12 years old, where the perpetrator is at least three years older than the victim. 
• Second-degree molestation. Second-degree molestation involves a victim who is at least 12 years old but less than 14 years old. Again, the perpetrator must be at least three years older than the victim.
• Third-degree molestation. Third-degree molestation involves a victim who is at least 14 years old but less than 16 years old. For third-degree molestation to have occurred, the perpetrator must be at least four years older than the victim and must not be married to the victim. 

There are also three degrees of rape, which differ according to the amount of violence and force used against a victim, and the degree of harm to the victim. 

Penalties

Penalties for rape and molestation also vary depending on the degree of assault that has been committed. For more serious offenses, a perpetrator will face imprisonment.

All degrees of molestation and rape carry the potential for imprisonment and fines. Both first-degree rape and molestation can place an abuser in prison for life. 

Romeo and Juliet Laws

Romeo and Juliet laws make provisions for consensual sex between teenagers of similar age. Some states (like California and New York) do not have Romeo and Juliet laws, which means that a person who engages in sexual activity with a minor, even if it is consensual and there is only a small age gap, could face criminal and/or civil charges.

Overall Impact

The initial impact of a sexual assault and rape can result in physical injuries, disease, and in some cases, unplanned pregnancy. However, the physical injuries sustained in a sexual assault or rape are only a part of how a survivor is affected by these crimes.

The damages of sexual assault (whether it is molestation or rape) are long-term, significant, and require numerous resources for recovery. Children and adults who have been victimized often deal with severe, post-traumatic stress problems that can include flashbacks, panic attacks, dissociation, and sleep disorders. Additionally, they may resort to unhealthy coping mechanisms, like self-harm, substance abuse, and/or eating disorders. 

Rape vs. Sexual Assault

Sexual assault refers to sexual contact or behavior against an adult or minor that is non-consensual. It does not necessarily involve penetration of the body. In other words, while all rape is a form of sexual assault, not all sexual assault involves rape. 

Sexual Abuse vs. Rape

Sexual abuse generally refers to repeated sexual assault against a person and may involve either an adult or minor. It often involves individuals who know each other, such as a patient and doctor, athlete and coach, or teacher and student. Sexual abuse can, but does not necessarily, involve acts of rape.

Molestation vs. Sexual Abuse

The primary difference between molestation and sexual abuse is the occurrences of the crime. Molestation generally refers to an isolated incident of sexual assault, whereas sexual abuse refers to a pattern of sexual assault against a person.

What to Do if You Have Been Sexually Violated

Being sexually violated, no matter how, when, or how frequently, is traumatic, unimaginable, and terrifying. If you find yourself in a situation where assault or abuse has occurred, getting help and resources is essential. Here are some things you can do:

• Go to a safe place: Find a place where you feel the most secure whether in your own home or at the home of a loved one. 
• Reach out for support from loved ones/professionals: Talk about what happened with family members and ask for help locating professionals (like therapists and doctors).
• Seek immediate medical attention: Immediately after a sexual assault, a hospital can administer a rape kit, which can help preserve vital evidence that can help support criminal and civil cases against your assailant. Medical attention should be sought before showing or changing clothes to ensure the most amount of evidence is collected. 
• Seek out helpful resources for processing the incident: Seeking the help of an experienced trauma therapist is essential to help you heal.
• Engage in self-care and healing process: Taking time off from work, speaking with other survivors, and giving yourself space and time to recover will help your recovery process go smoothly.
• Consider speaking to a sexual assault attorney: A sexual assault attorney can help you get justice from the person who victimized you. Even if a criminal case did not turn out in your favor, or if a criminal charge was never brought, a civil case can help you reclaim your voice.

It can be difficult to remember what to do when you are in the midst of a traumatic experience. Enlisting the help of a trusted friend or family member to guide you through the days and weeks following your assault can be the best way to get the help you need.

How Can a Sexual Assault Lawyer Help Me? 

The team at Edwards Henderson can help you reclaim your voice. When you hire our firm, we will:

• Thoroughly examine your case: Often after your experience, you may not be able to recall important details or wish to contact witnesses. Our firm can handle these difficult aspects of your case so you can focus on healing.
• Provide you with legal advice on your rights and options: There are differences between criminal and civil lawsuits, and one may be more beneficial to you than the other, but it is possible to pursue both. We will help you determine the best and most effective form of action to bring your perpetrator to justice.
• Represent you in legal proceedings, negotiation, and communication: Attempting to remember filing deadlines or important court dates can be impossible for an individual who has experienced a traumatic event. Our firm will handle these deadlines and ensure everything is filed and responded to in a timely fashion.  
• Help you seek compensation so you can access the resources you need: Therapy, medical visits, and other means of support cost money you may not have. By seeking damages on your behalf, we can help you fight for compensation to cover your expenses and pain and suffering. 
• Provide emotional support and guidance: Our firm is with you every step of the way, helping you with the legal aspects of your case and also helping you find the resources you need to heal. 

Contacting our firm is one of the best decisions you can make to invest in your healing process and ensure your assailant pays for their crimes.

Difference Between Rape and Molestation: FAQs

Here are some of the more commonly asked questions we receive regarding rape and molestation. If you have a question not answered here, reach out to us for a consultation.

1. What Is Digital Rape?

Digital rape involves the digit (finger) penetration of someone’s anus or vagina without their consent. 

2. What Is Sexual Battery?

Sexual battery refers to forced touching or fondling. It can refer to forcing someone to touch another person’s genitals, or the forced touching or groping of a person’s genitals and/or breasts, whether clothed or unclothed. It also involves forced kissing.

3. What Is Considered Inappropriate Touching?

Inappropriate touching is any unwanted touching. This can include but is not limited to placing a hand on one’s thigh, stroking the face, holding your hand, hugging, kissing, giving a massage, or touching private parts. 

4. What Is Gang Rape?

Gang rape is the rape of one person by a group of people. 

5. What Is Marital Rape?

Marital rape is rape committed by a person who is married to the victim. 

6. What Is the Statute of Limitations on Rape?

The statute of limitations on rape differs from state to state. Limitations are affected by:

• Whether or not the state has no limitations for felony crimes
• Whether or not a survivor’s decision to report or not report “starts the clock” on the statute of limitations
• Whether or not the state has a specific statute for DNA evidence
• The state’s statutes that apply to the most severe felony crimes. 

7. Is Molestation a Felony?

Yes. The degree of molestation will determine the degree of the felony.

8. What Is Attempted Molestation of a Child?

Attempted molestation is a term used when a suspect is apprehended for attempting to molest a child through distributing pornography to them, contacting them, meeting up with them, or engaging with them in any way that is unlawful and meets the criteria of child molestation. 

9. What Does Molestation Do to a Child?

A child who has been molested suffers both physical and emotional scars. They will need intense therapy and resources to completely heal, and the sooner they are provided to the child, the better. 

10. What Is Lewd and Lascivious Molestation?

Lewd and lascivious molestation refers to sexual-oriented behavior that is outside the community standards of decency. This can include but is not limited to obscene, vulgar, pornographic, or indecent touching, language, or activity.  

Contact Our Empathetic Law Firm for Help Today

The best way to fully understand your rights and reclaim your voice is to contact our firm. We can help you sift through your experience in a way that is supportive and as comfortable as possible and fight for your rights so you can regain your confidence and return to your life as quickly as possible.