Jesse Hernandez is a sexual assault attorney in San Antonio, TX, and based on his years of experience, he’s well aware of the confusion often surrounding this issue. To help clear up the uncertainties, here are answers to some frequently asked questions about sexual assault.
What is sexual assault?
Sexual assault can be defined as any unwanted sexual, physical, verbal or visual act that forces someone to have sexual contact against their will. Its purpose is to control, humiliate and harm, and some examples include harassment, rape, incest, oral sex, molestation, unwanted touching or forcing someone to pose for pictures against their will.
What is rape?
Rape is a particularly violent form of sexual assault that involves the penetration of someone’s body against their will by another person. It is not a crime of passion but a crime of violence aimed at controlling and degrading the victim. Contrary to the popular belief that it’s committed by strangers, in about 60% of the cases, victims either know or they’re related to the perpetrator of the crime.
What is consent?
Consent is the clear, unambiguous and voluntary agreement between participants to engage in specific activity. To say it another way, consent involves giving your partner a clear “yes,” and consent most certainly is not the absence of a “no.” Further, just because a person has given their consent to an activity one time, does not mean they are consenting to it any time in the future. No one is ever obligated to give consent just because they have in the past.
We hope these answers clear up some of the uncertainties surrounding this issue, and if you think you have been wrongly accused of sexual assault, contact Jesse Hernandez today to arrange an initial consultation.