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Sexual assault and abuse are unfortunately common in our society, and anyone can become a victim. However, what are the types of sexual assault from a legal standpoint? It can be difficult to understand what “counts” as sexual assault or abuse in the eyes of the law.
Sexual assault is broadly defined as any type of forced sexual contact that occurs without the victim’s consent. Though specific definitions vary across jurisdictions, the term generally covers different kinds of unwanted sexual contact and advances. Understanding the different kinds of sexual assault and abuse is key to seeking justice and exercising your legal rights as a victim of sexual violence.
If you are a survivor of sexual assault, our knowledgeable and compassionate West Virginia sexual assault attorneys are standing by to provide support and high-quality legal representation. Our legal team can help you pursue justice and compensation. Contact us today to schedule your free, confidential consultation.
Types of Sexual Assault and Abuse
A wide variety of offenses fall under the legal definition of sexual assault. The common denominator is the occurrence of non-consensual sexual contact or advances inflicted upon victims by offending parties.
Sexual assault is often conflated with sexual abuse, but the terms have distinct meanings. Sexual abuse refers to a broader range of non-consensual behaviors, including both physical and non-physical acts, such as coercion, grooming, or exploitation, often occurring over time. Sexual assault normally refers to a specific act of non-consensual sexual contact or behavior, typically involving physical actions like unwanted touching, groping, or penetration.
If you suffered sexual abuse or assault, regardless of the nature of the offense, our knowledgeable West Virginia sexual assault attorneys can handle your case with compassion and sensitivity. We understand the courage it takes to pursue a case against a sexual abuser and are here to tirelessly pursue justice for survivors.
Below are common types of sexual assault and abuse.
Sexual Harassment
Sexual harassment is a form of sexual misconduct that can be verbal, physical, or both. Common examples include unwelcome sexual comments about a person’s body, requests for sexual contact or favors, and “quid pro quo” propositions, where sexual compliance is solicited in exchange for personal or professional benefits. It is often perpetrated by someone in a position of power, such as a workplace supervisor, and is legally actionable when it creates a hostile work environment for the victim or others.
Sexual Coercion
Sexual coercion refers to non-consensual sexual contact obtained through manipulation, trickery, force, or persistent demands. It often involves the aggressor exploiting social or professional power over the victim or manipulating them with pressure tactics, such as demands for proof of love, claims that prior consent to certain acts obligates further consent, or threats of harm if the victim refuses.
Child Sexual Abuse
Child sexual abuse refers to any sexual contact initiated by adults or significantly older children with minors who are legally incapable of giving consent, regardless of the presence of force. Child sexual abuse is governed by mandatory reporting laws, requiring certain individuals to report suspected abuse to authorities.
In West Virginia, first-degree sexual assault occurs when a child under age 12 is abused by someone 14 or older, while third-degree sexual assault includes sexual contact with someone under 16 years old when the abuser is at least 16 years old and at least 4 years older than the victim. Second-degree sexual assault occurs when the perpetrator engages in sexual intercourse with someone who is physically helpless.
Elder Sexual Abuse
Elder sexual abuse refers to forcible or non-consensual sexual contact with a person above a certain age, normally around 65. Factors such as physical decline, cognitive disorders like dementia, or reliance on others for financial or caregiving assistance can make elderly individuals more vulnerable to abuse.
Again, in West Virginia, sexual contact with a physically helpless person is classified as second-degree sexual assault, while sexual contact with a mentally impaired person constitutes third-degree sexual assault. Under many circumstances, elder abuse sexual abuse is also subject to mandatory reporting laws.
Incest and Familial Sexual Abuse
Incest, also referred to as familial sexual abuse, involves sexual acts between family members. Under West Virginia law, “incest” specifically includes sexual contact between a person and their father, mother, brother, sister, son, daughter, grandfather, grandmother, grandson, granddaughter, nephew, niece, uncle, or aunt. While sexual contact between cousins does not fall under the legal definition of incest in West Virginia, cousins can still be held liable for other forms of sexual assault or abuse.
Rape Within a Relationship
Marital or partner rape involves non-consensual sexual contact inflicted by a spouse or romantic partner. In West Virginia, marriage was a defense to first- and third-degree sexual assault until 2024. However, recent changes in state law now make it illegal to engage in sexual contact with a spouse without their consent. If you believe you have experienced sexual assault by a spouse, consulting an attorney can help you explore your legal options.
Drug-Facilitated Sexual Assault
Drug-facilitated sexual assault occurs when a person is subjected to non-consensual sexual contact after being incapacitated by drugs or alcohol. Approximately 75 percent of rapes committed by individuals known to the victim involve the use of drugs or alcohol.
Victims who are intoxicated or drugged may be unable to resist, fully comprehend what is happening, or recall the assault afterward. In West Virginia, individuals who are under the influence of drugs or alcohol are legally incapable of giving consent to sexual activity.
Digital Sexual Abuse
Digital or online sexual abuse encompasses a range of non-consensual behaviors conducted through digital platforms. These include:
- Sending unwelcome sexual texts or emails.
- Sharing unsolicited sexual images or videos.
- Performing sexual acts via webcam without the victim’s consent.
- Sharing or threatening to share intimate images of the victim with others.
A common form of digital sexual assault is online grooming, where adults manipulate minors by normalizing sexual conversations, exchanging illicit sexual images or videos, and potentially facilitating offline abuse.
“Sexual abusers must be held accountable. People in a position of authority who fail to protect those in their care must also be held responsible for what happens on their watch. Survivors of sexual assault have the right to come forward and hold these entities legally responsible. Warner Law Offices has successfully represented sexual assault victims for nearly 20 years.”
The Three Degrees of Sexual Assault Under West Virginia State Law
West Virginia state law defines three degrees of criminal sexual assault, determined by factors such as the nature and severity of the act, the victim’s age, and the victim’s ability to consent or resist unwanted sexual contact.
First-Degree Sexual Assault
First-degree sexual assault is the most serious grade of sexual assault under West Virginia law and occurs when:
- The perpetrator inflicts serious bodily harm on a person during sexual penetration or employs a deadly weapon in the commission of the act, such as forcing a person into sexual intercourse at gunpoint.
- A person over the age of 14 engages in sexual penetration with a child under the age of 12.
Second-Degree Sexual Assault
Second-degree sexual assault is a serious criminal offense and occurs when:
- The perpetrator forcibly compels another person to endure sexual penetration without their consent.
- The perpetrator engages in sexual penetration with a physically helpless person.
A common form of second-degree sexual assault is the sexual abuse of people in hospitals or assisted living facilities who lack the physical strength or ability to resist an assault.
Third-Degree Sexual Assault
In West Virginia, Third-degree sexual assault occurs when:
- The perpetrator sexually penetrates a person with a mental disability or incapacity.
- A person at least 16 years old has sexual intercourse with a child younger than 16 and at least 4 years younger than the perpetrator.
Third-degree sexual assault commonly occurs against mentally or developmentally disabled people who cannot understand or consent to sex with caregivers or other people in positions of power over them.
After Sexual Assault, You're Not Alone: Contact Warner Law Offices, PLLC
It takes remarkable strength and courage for survivors to come forward and seek help after experiencing sexual assault or abuse. Perpetrators of sexual assault often rely on the belief that their victims will feel too powerless or intimidated to seek justice. By understanding the various forms of sexual assault and abuse, survivors and their loved ones can make informed decisions about their legal and support options.
If you’ve been sexually assaulted or abused, you are not alone. The legal system provides pathways for survivors to hold perpetrators accountable and seek compensation for the harm caused. Though deadlines vary, the West Virginia sexual abuse statute of limitations gives as little as two years to file a claim. Acting quickly is often crucial to preserving the strength of your claim.
Our skilled West Virginia sexual abuse attorneys are here to help you understand your legal rights, pursue justice, and connect you with the resources you need for support. Call (304) 345-6789 or contact us online to schedule a free consultation. All information shared with our attorneys is secure and confidential.
