The law in the US and around the world is full of jargon that can be confusing to muddle through if you get caught up in it, and nowhere is this more apparent when it comes to sexual offenses.
For instance, the crimes of rape and assault by penetrationare both serious sexual offenses that have significant legal implications. Although both offenses involve non-consensual sexual acts, there are distinct differences between their legal definitions.
This article will explore these differences and provide a comprehensive overview of each offense so that, if you are accused of one or both, you will know a bit more about the terminologies.
Defining Rape
The legal definition of rape varies from jurisdiction to jurisdiction, but in general, it refers to non-consensual sexual intercourse between two people. This can include vaginal, anal, or oral penetration by a penis or an object. The critical element in the definition of rape is the absence of consent. If a person does not willingly agree to the sexual act, then it can be considered rape. If you have been accused of committing rape, you will need to seek immediate representation from sexual offence solicitors to help build your defense.
Defining Assault By Penetration
Assault by penetration, on the other hand, is a relatively new offense that was introduced in the United Kingdom in 2003 as part of the Sexual Offences Act. This offense involves the non-consensual penetration of a person’s vagina or anus by a body part or an object. Unlike rape, assault by penetration does not require the use of a penis, and the victim can be either male or female. However, if you are living in the United States, this is not a legal sexual offense term. But if you are accused of this act while traveling to the UK, this may be what you are likely to be charged with rather than rape.
Differences To Consider
One of the primary differences between rape and assault by penetration is the degree of force or coercion involved in the offense. In general, rape is considered to be a more violent offense because it often involves physical force or threats of violence to compel the victim to comply with the perpetrator’s demands. Assault by penetration, on the other hand, does not necessarily involve physical force, and the perpetrator may use other forms of coercion, such as emotional manipulation, to gain the victim’s compliance.
Another discrepancy between the two offenses is the severity of the punishment that is typically associated with each crime. In general, rape is considered to be a more severe offense, and the penalties for a conviction can be much harsher. Depending on the jurisdiction, a person convicted of rape can face significant prison time, fines, and other liabilities. Assault by penetration, on the other hand, may be punishable by a lighter sentence, depending on the circumstances of the case and presuming that rape was not carried out at a later stage.
There is also a difference in the burden of proof required to secure a conviction for each offense. Generally, a prosecutor must demonstrate that the victim did not consent to ensure a conviction for rape. In contrast, the burden of proof required for an assault by penetration conviction is lower.