What is second degree sexual assault?

What is Second Degree Sexual Assault?

Sexual assault is a serious violation of a person’s physical and emotional boundaries, and it can have long-lasting effects on the victim. While the term "sexual assault" is often used interchangeably with "rape," there are different degrees and types of sexual assault. In this article, we will explore what second degree sexual assault is and how it differs from other types of sexual assault.

What is Second Degree Sexual Assault?

Second degree sexual assault is a form of sexual assault that involves non-consensual sexual contact or penetration, but with some level of consent. Consent is defined as enthusiastic and ongoing willingness to engage in sexual activity. Second degree sexual assault can occur when the victim is incapacitated, intoxicated, or under duress, and is unable to give full and enthusiastic consent.

Types of Second Degree Sexual Assault

There are several types of second degree sexual assault, including:

• Intoxication: When a person is unable to consent due to intoxication or substance abuse.
• Incapacitation: When a person is unable to consent due to illness, injury, or disability.
• Duress: When a person is threatened or coerced into sexual activity.
• Vulnerable populations: When a person is in a vulnerable position, such as being a minor, elderly, or mentally or physically disabled.

Examples of Second Degree Sexual Assault

• A person is drugged and then sexually assaulted.
• A person is too intoxicated to consent to sexual activity.
• A person is coerced into sexual activity through threats or blackmail.
• A person with a disability is taken advantage of and sexually assaulted.

Legal Definitions of Second Degree Sexual Assault

The legal definition of second degree sexual assault varies by state and jurisdiction. However, in general, it is considered a serious crime that carries significant penalties, including fines and imprisonment.

• In the United States, second degree sexual assault is typically defined as non-consensual sexual contact or penetration, with the exception of spousal rape (which is a separate crime).
• In Canada, second degree sexual assault is defined as any sexual contact or penetration that is non-consensual and involves the use of force, threats, or manipulation.
• In Australia, second degree sexual assault is defined as any sexual activity that is non-consensual and involves the use of force, threats, or intimidation.

Consequences of Second Degree Sexual Assault

Second degree sexual assault can have severe and long-lasting consequences for the victim, including:

• Emotional trauma: Victims may experience feelings of shame, guilt, and anxiety, and may struggle with relationships and daily life.
• Physical harm: Victims may suffer physical injuries, including vaginal or anal tearing, and may be at risk of sexually transmitted infections (STIs) or unintended pregnancy.
• Re-victimization: Victims may be re-victimized by the legal system, with delayed or incomplete investigations, and may feel silenced or ignored by society.

Reporting Second Degree Sexual Assault

If you or someone you know has been a victim of second degree sexual assault, it is important to report the incident to the authorities as soon as possible. Here are some steps you can take:

• Go to a safe place: Get to a safe place where you feel comfortable and secure.
• Contact emergency services: Call the police or emergency services immediately.
• Seek medical attention: Go to the hospital or a medical clinic to receive a sexual assault forensic examination (SAFE kit).
• Contact a support hotline: Reach out to a support hotline, such as the National Sexual Assault Hotline (1-800-656-HOPE), for emotional support and guidance.

Table: Types of Second Degree Sexual Assault

Conclusion

Second degree sexual assault is a serious violation of a person’s physical and emotional boundaries, and it can have long-lasting consequences for the victim. It is important to understand the legal definitions and consequences of second degree sexual assault, and to report any incidents to the authorities. By doing so, we can work towards creating a safer and more supportive community for all individuals.