What constitutes 'sexual assault' under criminal law?

'Sexual assault' under criminal law is primarily defined as non-consensual sexual contact. This means that for an act to be classified as sexual assault, it must occur without the explicit consent of one of the parties involved. Consent must be given freely and voluntarily, and if it is absent, the act is treated as a violation of the law. Laws vary by jurisdiction, but the core element that characterizes sexual assault is the lack of agreement or consent between those involved.

The concept of consent is crucial; it differentiates between lawful sexual activities and criminal offenses. This definition serves to protect individuals from unwanted sexual advances or contact and upholds personal autonomy and safety.

In contrast, consensual sexual contact does not fall under the definition of sexual assault, as the interaction is agreed upon by all parties involved. Similarly, sexual contact that occurs in public is not inherently illegal unless it lacks consent or breaches public decency laws. Lastly, while sexual contact involving minors is a significant legal concern and can constitute a different form of criminal offense (such as statutory rape), it is not the sole definition of sexual assault, as the key factor in sexual assault remains the absence of consent.