Sexual assault is defined, in general, as sexual contact or touching that occurs without the consent of the victim and is made by:
- Force;
- The threat of force; or
- Violence.
In other words, a sexual assault occurs when an individual engages in non-consensual touching or contact of a sexual nature with another individual. It is important to note that the offense of sexual assault does not require penetration, although the offense of sexual battery does require this act.
Numerous states have separate criminal laws governing sexual assault. Although the definition above usually applies, the specific elements present for the crime to occur may vary by state.
The penalties an offender who commits a sexual assault may face include prison time, criminal fines, or even a combination of both. One of the main differences between the state laws is whether a sexual assault can be punished as an aggravated assault.
Some state laws classify sexual assault as aggravated assault if the force or violence used causes bodily harm or injury to the person who was sexually assaulted. A conviction for an aggravated assault can carry harsher penalties than a sexual assault, for example, a longer prison sentence.
Sexual touching or contact involves the knowing and purposeful touching of another individual’s intimate or private part to arouse sexual desire. This touching may be done either directly on the individual’s body or through their clothing.
An example of an action that would constitute sexual touching includes the inappropriate grabbing of an individual’s genitals, even when clothes cover them. Another example may include kissing another individual without consent or threatening unwanted sexual conduct.
It is important to note that certain situations in which touching or contact involving another individual’s intimate or private parts would not satisfy this element of sexual assault, including the medical personnel exception and the parental exception.
The medical personnel exception would apply if a medical professional performing a clinical examination of a patent were required to touch the individual’s private parts. This would not be considered contact of a sexual nature.
If the individual falsely represents themselves as a medical professional, the exception would not apply. In addition, this exception would not apply in cases where a medical professional touches another individual inappropriately outside the scope of the medical treatment.
An example is if a medical professional inappropriately touched a patient under anesthesia. If this or a similar action occurs, the exception does not apply.
The parental exception applies if a parent is performing necessary domestic functions that require touching the child’s private parts, such as changing their diaper or bathing. These actions would not be considered contact of a sexual nature.
However, if the parent’s touching is not done for necessary domestic functions, that touching may be considered both sexual assault and child abuse.
How Is the Force Element of Sexual Assault Fulfilled?
As previously noted, in the criminal offense of sexual assault, contact is typically accomplished by the threat of force, force, or violence. The force used, however, may be as simple as making contact.
It is important to note that this does not always have to include violence. Extreme force does not have to be used to satisfy this element.
In certain jurisdictions, a threat is also sufficient to satisfy this element. The element of force, however, may be subjective.
Because of this, the amount of force necessary for an unwitting child victim is very different from that of an adult with full mental capacity. The touching of a child that a parent does not commit for domestic care reasons will most likely always be found to be forceful, no matter how slight that touching is.
It is important to note that if the individual being touched cannot communicate their consent because they are physically helpless, the force element will still be fulfilled. An example of this issue would be if an individual is unconscious or has blacked out because of alcohol or drug use.
These types of situations may also be grounds for rape charges.
How Is Sexual Assault Defined in New Hampshire?
In the State of New Hampshire, sexual assault is defined as a sexual act directed at another individual and against that individual’s will or if the individual is unable to give their consent. In New Hampshire, a sexual assault crime includes an act that is committed for the gratification or sexual arousal of the offender or the victim’s humiliation.
Rape in New Hampshire may refer to an aggravated felonious sexual assault or a sexual assault. Whether a crime can be charged as an aggravated felonious sexual assault will depend on the circumstance of the case, including:
- Physical force;
- Victim’s helplessness;
- False imprisonment;
- Use of coercion;
- Extortion;
- Surprise attack;
- Authority over the victim;
- Incest;
- Victim’s disability; and
- Victim’s age.
A felonious sexual assault is categorized as a Class B felony. A Class B felony generally includes a punishment that may range from 3.5 to 7 years in prison. An aggravated sexual assault conviction carries a maximum sentence of 20 years in prison.
Can Sexual Assault Be a Misdemeanor Charge?
Yes, sexual assault may be a misdemeanor charge. Misdemeanor sexual assault charges may involve any unwanted touching.
Can I Lose My Hunting or Fishing License if I Am Convicted of Sexual Assault?
Yes, in New Hampshirite, if a sexual assault occurs during an outdoor sporting activity, such as fishing or hunting, the state laws allow the perpetrator’s hunting or fishing license to be suspended for 5 years up to their entire life.
What Are Some Defenses to Sexual Assault?
In addition to the medical personnel exception and the parental exception discussed above, there may also be other possible defenses available to a sexual assault charge. One of these defenses is that the individual consented to the sexual act.
In other words, if touching was not unwanted by the other party, there was no sexual assault. An individual can show consent through their words or actions.
For example, if an individual tells another to kiss them, it may establish consent, so long as no coercion is involved. It is important to note, however, that just because an individual is married does not mean they always provide consent.
An individual may still be sexually assaulted by their spouse. Another defense to a sexual assault charge may be insanity or diminished mental capacity.
This may relieve the individual who committed the assault from liability for their actions because they were unaware of what they were doing. This is, however, difficult to prove and may lead to the perpetrator being committed to some treatment facility. A qualified attorney can provide assistance when it comes to potential defenses that may be raised.
Do I Need to Talk to a Criminal Lawyer about My Sexual Assault Case?
If you have been charged with sexual assault, it is important to consult with a New Hampshire criminal lawyer. Your attorney can try to work with the prosecution to reduce the charges or, in some cases, have your case dismissed. Your attorney can provide you with the legal advice, guidance, and representation needed to protect your rights and assist you through the process from start to finish.
