The terms “sexual abuse” and “sexual assault” are often used interchangeably in everyday discourse. However, when it comes to understanding these two terms in a criminal or civil legal setting, we need to differentiate between them as distinct sex crimes. Typically, the term sexual abuse is used to describe something that happens to those under the age of 18. Sexual assault, on the other hand, is usually used to describe something that happens to an adult. Here, we want to delve a little bit further into the definitions of sexual abuse and sexual assault.
What is Child Sexual Abuse?
The term sexual abuse is most frequently applied to situations where a child is sexually assaulted or mistreated. It is rare for the term sexual abuse to be applied to adult victims of sexual assault.
All 50 states in the US have laws that recognize that children are not capable of giving informed consent to any sexual activity. In California, the age of consent is 18. Even though there is no specific California statute that defines sexual “abuse” as a crime, there are various sexual assault laws written into the statutes that deal with sexual crimes committed against children under the age of 18.
There are a variety of crimes that could be considered sexual abuse, particularly when concerning minors. This includes, but is not limited to, the following:
- Sexual intercourse with a person under the age of 18 by a person over the age of 18. The age of consent in California is 18. This is often referred to as statutory rape.
- Exposing oneself to a minor.
- Any sexual contact, including fondling or intercourse with a minor.
- Obscene messaging, including through text messages, social media, video messages, email, etc.
- The production of child pornography.
What is Sexual Assault?
The definition of sexual assault can mean a variety of things, particularly in the state of California. This state has statutes related to rape and sexual assault that deal with both adults and children. However, when discussing sexual assault, as opposed to sexual abuse, you will generally find that the situation surrounds sexual assault that has occurred to someone over the age of 18.
Just like with sexual abuse, there are a variety of crimes that could be considered sexual assault of an adult in California, which involve any non-consensual sexual act. This could include, but is not limited to, the following:
- Rape or spousal rape, which includes any non-consensual sexual contact with another individual.
- Forcible acts of sexual penetration, which can include the penetration of genitals or the anus with objects other than sexual organs.
- Forced oral copulation, including stimulation of the genitals or anus without consent.
- Sexual battery, which is an offense under California statutes that includes touching the intimate parts of another person without consent.
- Attempted rape, which is a serious offense involving an attempt to engage in non-consensual sexual intercourse.
Prevalence and Impact
Understanding the Prevalence of Sexual Violence
Sexual violence is a pervasive issue that affects millions of people worldwide. According to the World Health Organization (WHO), approximately 35% of women globally have experienced some form of sexual violence, including child sexual abuse, rape, and other forms of sexual assault. In the United States, the Centers for Disease Control and Prevention (CDC) reports that one in five women and one in 71 men will be raped at some point in their lives. Additionally, the CDC estimates that one in four girls and one in 13 boys will experience child sexual abuse before the age of 18.
The prevalence of sexual violence is often underreported due to fear, shame, and stigma. However, it is essential to acknowledge the scope of the problem to develop effective prevention and intervention strategies. By understanding the prevalence of sexual violence, we can work towards creating a society that promotes respect, consent, and healthy relationships.
The Impact of Sexual Trauma on Survivors
Sexual trauma can have a profound and lasting impact on survivors. The effects of sexual violence can be physical, emotional, and psychological, and can vary depending on the individual and the nature of the trauma. Some common effects of sexual trauma include:
- Post-Traumatic Stress Disorder (PTSD)
- Depression and anxiety
- Substance abuse
- Self-destructive behaviors
- Difficulty forming and maintaining relationships
- Hypervigilance and avoidance behaviors
- Physical symptoms such as chronic pain and gastrointestinal problems
It is essential to recognize that survivors of sexual trauma are not alone and that there is help available. By providing support, resources, and a safe and non-judgmental space, we can help survivors heal and recover from their experiences.
Signs and Symptoms
Recognizing the Signs of Sexual Abuse and Assault
Recognizing the signs of sexual abuse and assault is crucial in identifying and supporting survivors. Some common signs and symptoms include:
- Unexplained injuries or bruises
- Changes in behavior or mood
- Difficulty sleeping or concentrating
- Avoidance of certain situations or people
- Increased anxiety or fear
- Self-destructive behaviors
- Physical symptoms such as chronic pain or gastrointestinal problems
It is essential to remember that these signs and symptoms can vary depending on the individual and the nature of the trauma. If you suspect that someone has experienced sexual abuse or assault, it is crucial to approach the situation with sensitivity and compassion.
In addition to these signs and symptoms, it is also important to recognize the behaviors and tactics used by perpetrators of sexual abuse and assault. These can include:
- Grooming and manipulation
- Isolation and control
- Gaslighting and emotional abuse
- Threats and intimidation
- Use of power and authority to exploit and abuse
By recognizing these behaviors and tactics, we can work towards preventing sexual abuse and assault and supporting survivors in their recovery.
What Should Survivors of Sexual Assault or Sexual Abuse Do?
If you or somebody you care about is a survivor of sexual abuse or sexual assault and there is an ongoing emergency situation, or if you are injured, it is important to seek medical care immediately. It is crucial to seek justice to hold the perpetrator accountable and to begin the healing process. In order to have the best chance of holding the perpetrator of the abuse accountable for their actions, you need to ensure that a sexual assault kit (commonly referred to as a rape kit) is completed at a medical facility. This will help gather blood samples and DNA evidence that could be used in the case.
You need to contact a skilled sexual assault or sexual abuse attorney in California who can help you through every step of this process. An attorney can help you through the potential civil claim you may have against the perpetrator of the abuse to help ensure that you recover closure and compensation for what happened. In cases involving sex trafficking, new legislation has eliminated time constraints for filing civil claims, providing survivors with more opportunities to seek justice.
Find Legal Support with Callahan & Blaine
If you or someone you care about has been impacted by sexual abuse or assault, taking legal action can be a powerful step in seeking justice and closure. At Callahan & Blaine, we bring over 40 years of experience to provide knowledgeable and compassionate support for survivors, helping them navigate the legal process with respect and determination. We understand the sensitive nature of these cases and are prepared to handle them with the utmost care so you can focus on healing while we pursue justice on your behalf.
Our team has a history of achieving significant outcomes for clients in California’s legal landscape, giving us the experience needed to address complex cases of abuse and assault. You don’t have to face this alone. Contact us at (714) 241-4444 or fill out our contact form to discuss how we may be able to assist.
