Sexual Assault

Sexual assault includes, but is not limited to, attempted or unwanted sexual activity, such as sexual touching and fondling.  This includes the touching of an unwilling person’s intimate parts (defined as genitalia, groin, breast or buttock, or clothing covering them), or forcing an unwilling person to touch another’s intimate parts.

Sexual assault is a second-degree felony. Sexual assault occurs when a person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent. 

Aggravated indecent assault:

A person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault if:

i) the person does so without the complainant's consent;
 
ii) the person does so by forcible compulsion;
 
iii) the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
 
iv) the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;
 
v) the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
 
vi) the complainant suffers from a mental disability which renders him or her incapable of consent;
 
vii) the complainant is less than 13 years of age; or viii) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and: 

i) the person does so without the complainant's consent; 

ii) the person does so by forcible compulsion; 

iii) the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; 

iv) the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring; 

v) the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; 

vi) the complainant suffers from a mental disability which renders the complainant incapable of consent; 

vii) the complainant is less than 13 years of age; or 

viii) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.