How To Understand Key Differences In Assault Versus Rape
What's the legal difference between rape and sexual assault? Rape traditionally means nonconsensual penetration, while sexual assault covers a broader range of unwanted sexual contact, explains Oakland attorney Darryl Stallworth. He notes today's campus cases rarely fit the forcible-stranger image; more often they turn on whether someone was too intoxicated to give valid consent—a far harder question to prove.
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Answered by Darryl Stallworth · Oakland, CA
Highlights
Frequently Asked Questions
What's the difference between rape and sexual assault?
These cases often come down to competing accounts of what happened.
What's the traditional legal line?
Rape traditionally means nonconsensual penetration, while sexual assault covers a broader range of unwanted sexual contact.
What scenario is most common now?
More often the question is whether someone was too intoxicated to give valid consent—an incapacity-to-consent scenario that's far harder to prove than the forcible-stranger image.
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