Sexual Assault vs. Molestation: What’s The Difference?
Understanding the difference between sexual assault and molestation is not always simple. Both crimes can leave the victim with physical and emotional scars, but they are not seen as the same in the eyes of the law. So, what is molestation vs. sexual assault? Learn more about these terrible acts and what your legal rights may be if you or someone you love has unfortunately been affected by them.
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What Is The Difference Between Sexual Assault And Molestation?
Understanding the legal terms and what they mean can help clarify what to expect from the criminal and civil law process if you choose to report the attack and file a claim. We understand how difficult this situation can be, but we encourage you to do so to hold the perpetrator responsible.
What Is Considered Molestation?
Molestation typically refers to the act of engaging in any kind of sexual behavior with a minor. This includes:
- Rape
- Touching private parts
- Exposure of genitalia
It can involve inducing the child to engage in sexual acts with the molester or with other parties, including other children. Typically, people associate molestation with those under 16 years old, but it could include those who are 18.
What Is Sexual Assault?
The U.S. Department of Justice defines sexual assault as any non-consensual sexual act. It can involve force, coercion, and verbal threats. There are many types of sexual assault, including:
- Rape
- Unwanted sexual touching
- Sexual harassment
- Date rape
- Marital rape
You may also have heard the term sexual battery, and may be wondering what is sexual battery vs. sexual assault? The exact answer will depend on your state, but for the most part, it means that you engaged in sexual acts against your will because the perpetrator used force or the threat of force.
Legal Consequences For Molestation vs. Sexual Assault
The legal consequences for these crimes are also different. You may be able to pursue both a criminal and civil case, but what can you expect from these options?
Criminal Charges
Sexual assault and molestation are felonies. When it comes to molestation criminal charges, one of the factors that can impact the legal consequences is the ages of the victim and the perpetrator at the time of the assault.
In numerous states, it’s possible for the perpetrator to be charged with the most severe type of felony if they were 18 or older and the victim was 12 or younger. If there are aggravating factors, they will also play a role.
Sexual assault charges will also depend on the ages of the victim and the perpetrator and whether there were aggravating factors. Additionally, if the perpetrator has a prior criminal record, that can impact the case.
Civil Liability
Even if the state doesn’t pursue a criminal case against the perpetrator, you can begin a civil case against them to recover damages. One of the advantages of civil court is that the burden of proof is significantly lower. Instead of having to prove beyond a reasonable doubt that the molestation or assault occurred, you must show that it happened from a preponderance of evidence.
Keep in mind that there are sexual assault statute of limitations to worry about. You should not wait to begin the civil claim, even if you’re already participating in a criminal case.
What To Do If You Suspect Your Child Is Being Sexually Assaulted Or Molested
If you suspect that your child is being molested or sexually assaulted, it’s vital that you listen to them. Calmly ask them to explain what they’ve experienced. For younger children, it may be easier for them to draw or use dolls to show you what occurred.
Start keeping a detailed record of any changes you may have spotted in your child. Has their personality been impacted? Do they have trouble sleeping? Be as specific as possible.
When you have a clearer idea of what happened, report the molestation or sexual assault. Do not engage with the suspected perpetrator, but instead allow the police to handle the matter.
As soon as possible, contact an attorney to help you begin a civil case. Doing this as quickly as you can gives your family the best chance of holding the responsible parties liable.
You and your family do not have to go through this terrible journey alone. We are here to help.
Trust Bachus & Schanker With Your Case
Knowing that your child has been molested or sexually assaulted is devastating. At Bachus & Schanker, we understand how these horrific experiences can alter your child’s life. Our compassionate and fierce attorneys can help you fight for the compensation your family deserves.
Contact Us To Schedule A Free Consultation.