Legally, what is sexual assault?

Under Massachusetts general law, there are two major categories of sexual assault against adults: rape and indecent assault and battery.

The crime of rape occurs when the offender has "sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his/her will, or compels such person to submit by threat of bodily injury." The inability of an individual to give consent (due to such conditions as unconsciousness, intoxication, or mental impairment) would also be classified as rape. Rape and attempted rape are punishable by up to 20 years' imprisonment. Heavier penalties may apply if the rape causes serious bodily injury, is the result of a group attack, involves drugs used intentionally to incapacitate the victim/survivor, involves the use of a weapon, and/or occurs during the commission of certain specified crimes such as robbery.

The crime of indecent assault and battery occurs when the offender, without the victim's consent, intentionally has physical contact of a sexual nature with the victim. This contact may include an offender touching a woman's breasts, or the buttocks or genital area of a man or woman. Indecent assault and battery may be punished by up to five years' imprisonment.

Rape or indecent assault and battery victimizes women and men — whether straight, gay, lesbian, bisexual, or transgendered.