Sexual assault is defined as any “unwanted sexual contact that is done through physical force or threat that occurs when the victim is incapable of giving the person consent.” This could be rape, unwanted grouping of sexual body parts, fondling, and touching (Trauma & Women’s Health, 2006). Sexual assault laws vary state by state. I choose to review the laws in my state of California and in the state of Texas.
In California any person who commits an act of sexual penetration when the act is accomplished against the will of the victim by means of violence, force, duress, menace, or fear of immediate as well as unlawful bodily injury on the victim or another person will be punished by imprisonment Forcing an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, against the will of the person touched and for sexual arousal, gratification, or abuse in the state prison for either three, six, or eight years. Sexual penetration with another person who is under the age of 14 years of age and who is more than 10 years younger will be punished by imprisonment in the state prsion for three, six, or eight years. Sexual penetration with another person who is under the age of 14 years of age and who is more than 10 years younger will be punished by imprisonment in the state prisons for three, six, or eight years (Cal. Penal Code § 243.4).
In Texas a person who commits an offense if the "person intentionally or knowingly causes penetration of the anus, mouth, or sexual organ of the person by any means, without that person's consent.” "Intentionally or knowingly causes penetration off the mouth, anus, or sexual organ of a child, or causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.” (Texas Penal Code, Section 22.011, nd).
California and Texas laws on sexual assault offenses listed in California Penal codes are very similar to Texas offenses on sexual assault. Forcing...