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Sexual Assault vs Consent

Posted on February 9th, 2019 by Oddo & Babat, P.C.

Personal Injury Lawyer

One thing is certain about sexual assault — it is never the fault of the victim. Sexual assault comes in many different forms and includes:

  • Rape
  • Forcible sodomy
  • Marital rape
  • Sexual conduct with a minor — be it consensual or not
  • Incest
  • Any unwanted sexual touching
  • Any sexual contact that is unwanted or forced

If you feel you are a victim of sexual assault, you need to seek the assistance of an experienced personal injury lawyer to represent you. Attorneys are highly experienced in sexual assault cases and are discreet and thorough with their investigation into your case.

Drugs and Sexual Assault

A sexual assault charge can be brought up when drugs are involved, such as at a party or social event. If someone discreetly puts a drug in your drink without your knowledge and you experience the effects of those drugs which may include:

  • Dizziness
  • Drowsiness
  • Loss of inhibition
  • Confusion
  • Impaired judgment
  • Slurred speech

If any of these conditions apply to you as a result of drinking something that has been altered by a drug, the criminal justice system states you are unable to consent to have sex. This also applies to alcohol when over consumed.

Acquaintance Rape

Acquaintance rape accounts for over 80 percent of all rapes. The frightening statistic is that over fifty percent of these rapes occur while on a date.

Common relationships where acquaintance rape occurs include:

  • Boyfriends and girlfriends
  • Co-workers
  • Classmates or friends
  • Athletes and coaches
  • Patients and doctors
  • Students and teachers
  • Church leaders and members of the congregation

Regardless of the relationship, it is important to remember that sexual assault is never acceptable and never the fault of the victim.

What is Consent?

Asking and receiving consent before any sexual activity is the key to reducing and preventing sexual assault.

Consent is an informed, sober, mutual, honest, voluntary, and verbal agreement. It has to come without any coercing. It is never implied or assumed regardless of the nature of the relationship. It can never be legally given while intoxicated. If you are too drunk to talk with your partner or make decisions, you are too intoxicated to give consent. And just because you did not say no does not assume you are consenting. Both partners need to be a part of the decision to move forward.

There is Such a Thing as Marital Rape

When the sexual assault victim is a wife or ex-wife, the rape is significantly underreported. There may be fear that the husband will physically abuse the wife if she reports him. She may be worried that her children may be taken from the home. If the sexual act is committed without consent, it is still considered rape, married or otherwise.

Contact a Personal Injury Attorney

Make an appointment with a sexual assault lawyer Washington, DC trusts that handles sexual assault cases. Attorneys are experienced, discreet, sympathetic and professional and will treat you with dignity and respect. Trust and integrity are important to us and we will work with you to earn that trust by diligently investigating your case and bringing about justice in your case.



Thank you to our friends and contributors at Cohen & Cohen, for their insight into personal injury cases and sexual assault vs. consent.

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