sexual assault
US legal term for sexual acts against a person's will, under 18 U.S.C. § 2242.
Definition
Sexual assault is, in US law, a term for sexual acts committed against a person's will, and in federal legislation the concept corresponds primarily to what is called 'sexual abuse' in 18 U.S.C. § 2242. The basis for this definition is therefore not Danish law, but US federal law. The provision in 18 U.S.C. § 2242 criminalises three central situations: first, forcing another person to engage in a sexual act by means of threats or by placing that person in fear of harm; second, engaging in a sexual act with a person who is incapable of appraising the nature of the conduct or is physically incapable of declining participation; and third, carrying out a sexual act without consent, including by coercion.
US federal law does not use a single unified concept or one single definition of 'sexual assault' in the U.S. Code. Instead, sexual offences are regulated through several provisions gathered in Chapter 109A on 'Sexual Abuse'. In addition to § 2242, the chapter contains, among others, § 2241 on aggravated sexual abuse, that is, more serious forms of abuse, and § 2243, which covers sexual acts with minors or persons in custody.
The term 'sexual act' is central to these provisions and is defined in 18 U.S.C. § 2246 as including penetration, contact or other specific sexual conduct of a qualified nature. The definition of what constitutes a sexual act is therefore decisive for whether particular conduct falls within the scope of the statute.
It is important to note that the individual states in the United States have their own criminal codes and definitions of sexual assault, which may vary considerably from federal law and from state to state. Federal jurisdiction typically applies to acts committed on federal territory, against federal officials, or in connection with federal institutions.
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