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The legal definitions for terms like rape, sexual assault, and sexual abuse vary from state to state.

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No matter what term you use, consent often plays an important role in determining whether an act is legally considered a crime. There is no single legal definition of consent. Each state sets its own definition, either in law or through court cases.

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In general, there are three main ways that states analyze consent in relation to sexual acts:. In a criminal investigation, a state may use these factors to determine if a person who engaged in sexual activity had the capacity to consent. If not, the state may be able to charge the perpetrator with a crime.

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If you are unsure how a state law applies to specific circumstances, consult an attorney. Regardless of what happened, know that you are not alone. To speak with someone who is trained to help, call the National Sexual Assault Hotline at HOPE or chat online at online.

You will receive confidential, judgment-free support from a trained support specialist and information about local services that can assist you with next steps. It can be challenging to come to terms with what happened. You may only interact with law enforcement when you report, or they might ask you to stay involved with the investigation over a length of time. Understanding how to report and learning more about the experience can take away some of the unknowns and help you feel more prepared.

Welcome to Statues of Limitations Statutes of limitations are as varied as they are important. Learn more about how statutes of limitations work, and how they differ from state to state. En Espanol Obtenga Ayuda? Que es la Linea de Ayuda? Que es la Sala de Ayuda? Legal Role of Consent.

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The legal role of consent There is no single legal definition of consent. In general, there are three main ways that states analyze consent in relation to sexual acts: Affirmative consent: Did the person express overt actions or words indicating agreement for sexual acts? Capacity to consent: Did the individual have the capacity, or legal ability, to consent? Does the age difference between the perpetrator and victim affect the age of consent in that state?

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Developmental disability: Does the person have a developmental disability or other form of mental incapacitation, such as a traumatic brain injury? Intoxication: Was the person intoxicated? Different states have different definitions of intoxication, and in some states it matters whether you voluntarily or involuntarily became intoxicated.

Physical disability: Does the persona have a physical disability, incapacity, or other form of helplessness? Unconsciousness: Was the person sleeping, sedated, strangulated, or suffering from physical trauma? Vulnerable adults: Is the person considered a vulnerable adult, such as an elderly or ill person? Is this adult dependent on others for care? Help is available Regardless of what happened, know that you are not alone.

Communicating with Law Enforcement You may only interact with law enforcement when you report, or they might ask you to stay involved with the investigation over a length of time. .

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Reporting to Law Enforcement Understanding how to report and learning more about the experience can take away some of the unknowns and help you feel more prepared. The rape kit backlog is currently one of the biggest obstacles to prosecuting perpetrators of sexual violence.

Out of every 1, sexual assaults, are reported to the police. More Stats. Donate Monthly.

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