Molestation and sexual assault are both serious sex crimes with many common factors. However, the main difference between the two criminal charges is that molestation is a crime committed against minors.
At the same time, sexual assault is a broader term that can apply to sexual acts against both minors and adults.
Understanding the difference between molestation and sexual assault can be important when pressing charges against an abuser or filing a civil lawsuit to recover damages.
An experienced Los Angeles sexual abuse lawyer can help you take legal action to get justice and fair compensation after surviving either molestation or sexual assault.
Defining Molestation
Generally speaking, molestation refers to a single isolated act of sexual assault committed against a child. While sexual assault is a broad term, molestation is more focused and only involves acts of inappropriate contact or sexual abuse against minors.
The age of consent in the state where the sexual act occurred can help determine whether the appropriate charge is sexual assault or molestation.
If the survivor was under the age of consent, the perpetrator may be charged with molestation depending on the particulars of the situation.
Some common examples of molestation include:
- Taking pornographic photos or videos of a minor
- Showing pornographic images or videos to a minor
- Touching the genitals or other private areas of a minor
- Forcing a minor to touch the genitals or other private areas of another person
- Exposing oneself to a child
- Forcing a minor to engage in an oral sex act
Legal Penalties for Molestation
Molestation can be classified as a felony, which means that the legal consequences of an offense can be severe, including a lengthy prison sentence.
The specific charges for molestation will depend on the age of the perpetrator and the abused. Many states will charge the crime as a life felony if the defendant was over 18 and the minor was under 12 or another designated age.
When determining the severity of the charge, the specific nature of the offense, along with the criminal history of the defendant, will be considered.
Defining Sexual Assault
In contrast to molestation, sexual assault can be carried out against both children and adults. Furthermore, in addition to the specific acts that qualify as molestation, sexual assault can include any unwanted sexual act, including:
- Coercion
- Exposure to sexually explicit acts
- Rape
- Attempted rape
Legal Penalties for Sexual Assault
Sexual assault can also be charged as a felony depending on the particulars of the case and other related factors. Some of the details that will be considered when determining the exact nature of the charge include:
- The age of the party that was assaulted
- Any previous criminal history for the defendant
- Whether a weapon was used in committing the sexual assault
- Any other aggravating factors present in the case
These factors all play a significant role in determining the precise length of the prison sentence, which in most sexual assault cases varies from a few years to life in prison.
Registration As a Sex Offender in California
Whether the crime in question is considered molestation or another form of sexual assault, the offender will have to register as a sex offender if convicted.
The duration of a person convicted of molestation or sexual assault will remain on this list, which varies by state. In most cases, offenders will remain on the Sex Offender Registry for several years to a lifetime.
Presence on the Sex Offender Registry can impact an offender’s everyday life, including their ability to work, travel, and interact with children.
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Filing a Civil Lawsuit After Suffering Molestation or Another Form of Sexual Assault
If you were molested or endured any other type of sexual assault, you have the right to take legal action against your assailant. By filing a civil lawsuit, you will put yourself in a position to recover financial compensation for damages.
It’s important to note that you can pursue legal action through a civil lawsuit, whether or not your assailant is facing criminal charges.
The burden of proof in civil cases is far lower than in criminal cases. While a prosecutor would need to prove guilt beyond a reasonable doubt, your sexual abuse lawyer only needs to prove that the perpetrator was more likely than not guilty.
Because of the differences in the standard or proof needed for criminal and civil cases, your chances of recovering compensation will not be harmed if your abuser avoids criminal charges or receives a ruling of “not guilty” in criminal court. However, a guilty verdict can help your case and position you to recover the compensation you need and deserve.
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Damages That Can Be Recovered in a Molestation or Sexual Abuse Case
If you are filing a civil lawsuit after being molested or sexually abused, you will likely be eligible to pursue a wide range of damages.
Determining all the damages you are entitled to receive is critical for recovering the full value of your losses. An experienced attorney can help review your situation to determine the specific damages that apply.
Some commonly recoverable damages in these types of cases include:
- Medical expenses
- Future medical costs
- Pain and suffering, including emotional distress, and mental anguish
- Permanent disability
- Scarring and disfigurement
- Lost wages
- Decreased earning ability
Get Help From an Experienced Molestation and Sexual Assault Lawyer in California Today
After enduring molestation or other sexual assault, taking legal action can be critical. At Arias Sanguinetti, we have a long history of helping sexual abuse survivors get the justice and compensation they need and deserve. We have successfully recovered over $1.5 billion in damages for those we represent.
Reach out to us today by phone or through our online contact form to learn more about how we can help with a free case evaluation. We can review the details of your case, answer your questions, and advise you of your legal options.
Call or text 310-844-9696 or complete a Free Case Evaluation form
