Understanding the legal differences between sexual assault and molestation is critical for survivors who seek justice and healing. While both sexual assault and molestation are heinous crimes, they mean different things and apply in different contexts. Distinguishing between the two can seem complex, but breaking it down, there are key differences that separate the terms. 

Whether you are a survivor or a loved one of a survivor, understanding these legal terms can help you take the steps necessary to understand how to proceed with their pursuit of justice. In this guide, we show the differences between sexual assault and molestation and what survivors can do to begin their path towards healing.

What Is Sexual Assault?

Sexual assault is when someone touches another person or makes another person touch them sexually without consent. Sexual assault is an umbrella term that can refer to: 

• Unwanted kissing 
• Unwanted touching of genitalia, breasts, or other private areas
• Manipulating or blackmailing someone into sexual conduct 

It is important to make the distinction that rape is different from sexual assault. Rape involves forced sexual intercourse, whereas sexual assault is unwanted sexual contact. Despite this distinction, both rape and sexual assault are heinous criminal acts that leave lasting physical and emotional damage and should be treated seriously. 

What Is Molestation?

Molestation is the crime of committing sexual acts with children up to the age of 18. Molestation includes touching of private parts, exposing genitalia to children, taking pornographic photographs of children, rape, and coercing or manipulating children into sexual acts with the molester or with other children. Molestation also includes incest and sexual acts with a minor family member. 

What Is the Difference Between Sexual Assault and Molestation?

Several key differences make sexual assault and molestation different from each other: 

• Age of the Victim – Molestation typically involves a child victim below the age of 18, whereas sexual assault can affect victims of any age, from young to old. 
• Type of Contact – Sexual assault usually involves unwanted touching and physical contact. While molestation can include this too, it also includes coercing minors into sexual acts with each other, taking pornographic photos, etc. 
• Legal Differences – Legally, sexual assault and molestation are different. Sexual assault charges can be brought against offenders who assaulted anyone of any age. Molestation charges are typically brought against adults who have assaulted children.

It is important to remember that sexual assault and molestation, while different, are both terrible crimes. These differences are not supposed to prove which is “worse.” Instead, these differences illustrate how each crime gets defined under the law. Nothing more, nothing less. 

The Emotional Impact of Sexual Abuse on Survivors

The emotional impact of sexual abuse on survivors is high. Many sexual abuse survivors suffer from: 

• Pain and suffering
• Mental anguish 
• Post Traumatic Stress Disorder (PTSD) 
• Anxiety disorders 
• Loss of enjoyment of life 
• Eating disorders 
• Distorted self-perception 
• Negative impact on interpersonal relationships 
• Sexual dysfunction

The emotional toll of sexual abuse is extensive and just as damaging as the physical aspects. Both victims of sexual assault and molestation often face one or more of the emotional impacts listed above. 

Frequently Asked Questions About Sexual Assault and Molestation

After such a traumatic event, it can be hard to know what to do. Here are a few of the most frequently asked questions survivors of sexual assault or molestation often ask about their case. 

Is Molestation Considered Sexual Assault?

Yes. It is easier to think of it this way: molestation is considered sexual assault, but not all forms of sexual assault are considered molestation. 

Can Someone Be Charged with Both Sexual Assault and Molestation?

Generally speaking, no. If a person commits molestation, they will not be charged for both sexual assault and molestation for that same crime. This is because of redundancy. 

Molestation is considered to be a form of sexual assault. Thus, charging for both would be unnecessary as they would essentially act as the same thing. However, this is not to say separate charges cannot be brought if an individual both sexually assaults an adult and molests a child, as those would be two separate cases.

What if There Was No Physical Force Involved?

Just because there was no physical force involved does not mean that molestation or sexual assault did not take place. Physical force has little to do with it. One can be blackmailed, manipulated, drugged, etc. 

Someone using physical force to commit these acts does not nullify what they did or how it would be defined. 

How Long Do I Have to Report Sexual Assault?

For each state, the statute of limitations varies. Many states have outright eliminated the statute of limitations for sexual assault or molestation. Additionally, many states have extended timeframes to report, ranging from 10 to even 30 years, depending on the jurisdiction. 

The timeline to report is even longer in cases where minors are the victims. Even if the minor reaches adulthood, there are still legal protections in place to allow them to seek justice for what happened to them as a child. 

Can I Sue Someone for Molestation or Sexual Assault?

Yes, you can. The law empowers you to file a civil suit to recover damages for the injury you sustained. As a survivor, the law is on your side. It is essential that you work with a lawyer and law enforcement to hold the perpetrator responsible for their actions. 

How Do You Help a Child Who Was Molested?

As a parent, there are several steps you can take to help your child: 

• Reassure your child that what happened was not their fault and that you are there for them during this extremely difficult time. 
• Do not force your child to re-live their trauma by asking them invasive questions constantly. Be mindful of your tone and simply listen to them when they want to speak about it. 
• Remind your child how much you love and care for them. Assure them that you will keep them safe. 
• Get professional help and counseling for your child to set them on the path towards recovery. 

The effects of sexual abuse can take a heavy toll, especially on children. This will be a difficult process that will be hard to understand, but it is essential to keep compassion and an open heart for your child.

What Can You Do if Someone You Love Was Sexually Assaulted?

If someone you love was sexually assaulted, you can help them during this time in the following ways: 

• Understand that everyone processes traumatic events differently. You must respect your loved ones’ boundaries now more than ever before and let them know you will be there for them in their time of need. 
• Listen to them. When they are ready to talk about what happened to them, listen with an open heart and mind. Do not be judgmental and be supportive as they process and heal from their traumatic experience. 
• Educate yourself with resources on how to help your loved one heal and move on with their life after sexual assault. Take the time to learn how the emotional effects of sexual violence can affect someone and the proper steps you can take to navigate this difficult time with them. 
• Take any thoughts of self-harm or suicide seriously. Be wary of the signs of depression and ensure that your loved one knows their value and that they are loved and cherished. 

Sexual assault can change people significantly. It is important that you come to your loved one with respect and understanding. 

Such a traumatic event can be life-altering, so it will not be unusual to see differences in their mood or outlook on life. The best thing you can do is be there and lend your compassion and support. 

A Lawyer Can Help You Sue for Compensation After a Sexual Assault

Remember, you can sue and recover compensation for the damages you suffered after a sexual assault. While you can do this alone, it is best that you get in touch with an experienced and dedicated lawyer who will help you navigate the legal complexities. With a lawyer by your side, you can focus on your recovery while they handle all of the legal work, calculate all of your damages, and represent your best interests at all times. 

Our lawyers want to help you get through this tough time, seek justice, and fight for the compensation you rightfully deserve. Our firm has helped survivors recover millions in settlements and verdicts. For a free consultation at no risk to you, contact us today.