Also known as: sexual assaults · sexually assault · sexually assaulted · sexually assaulting
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense consisting of sexual contact with another not the actor's spouse when the actor knows the contact is offensive, knows the other person is incapable of appraising the conduct due to mental disease or defect, or knows the other person is unaware that a sexual act is occurring.
Stephen Shaw stands trial for sexually assaulting a hotel guest. The prosecutor offers testimony from Sydney Santos that Shaw previously trapped her in a service closet and grabbed her without consent. The court admits the evidence because the prior act meets the definition of sexual assault and bears on intent and absence of mistake.
Samantha Stone sues her former supervisor at Sterling Dynamics after he sexually assaulted her during a business trip. She seeks to introduce evidence that the supervisor committed a similar assault on another employee two years earlier. The court permits the evidence because the claim rests on alleged sexual assault and the prior act is relevant under the governing rules.
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Stella Shapiro is convicted of sexual assault after forcing sexual contact on an incapacitated coworker. The state charges the offense as her third felony under the three-strikes statute. The court imposes a twenty-five-year term because the current conviction qualifies as a serious felony under the recidivism law.
Serena Soto is prosecuted for creating and selling videos that depict sexual assaults. She argues the statute criminalizing such depictions violates the First Amendment. The court rejects the challenge because the material falls outside protected speech when it records actual criminal sexual assaults.
Sylvia Santos seeks an abortion after her husband sexually assaults her. State law requires spousal notification but provides an exception when the pregnancy results from reported sexual assault. The clinic proceeds without notification because Sylvia supplies the required certification under the statutory exception.
Sydney Santos is charged with sexual assault. After waiving rights she gives a statement to police describing the offense. The court finds the statement voluntary despite later evidence of mental illness because the waiver was knowing and the conduct described satisfies the elements of the crime.
The actor must know the contact is offensive to the other person, know the other person suffers from a mental disease rendering appraisal impossible, or know the other person is unaware a sexual act is occurring. Knowledge is shown by awareness of the circumstance or that the result is practically certain.
In a criminal case charging sexual assault the court may admit evidence that the defendant committed any other sexual assault. The evidence is admissible on any relevant matter and is not limited by other rules.
Yes. In a civil case seeking relief based on alleged sexual assault the court may admit evidence that the party committed any other sexual assault. The evidence is considered under the standards of Rules 413 and 414.
…the victims of the abuse are not exempt from § 3209's notification requirement. And many women who are pregnant as a result of sexual assaults by their husbands will be unable to avail themselves of the exception for spousal sexual assault, § 3209(b)(3), because the exception requires that the woman have notified law enforcement…