What element must be present for an act to be categorized as sexual assault?

For an act to be classified as sexual assault, the presence of clear indications of coercion is essential. Coercion refers to the use of intimidation, threats, or force to obtain consent, or the deprivation of the victim’s capacity to consent, making the act non-consensual. In contexts of sexual assault, even if there is a perceived agreement, the absence of free and voluntary consent—due to coercive tactics—renders the act criminal.

This key element signifies that the victim did not willingly choose to participate in the act, which is foundational to the legal definition of sexual assault. The law emphasizes consent that is informed, voluntarily obtained, and mutual, making coercion a critical factor in assessing the nature of the encounter. Therefore, without coercion being clearly present or indicated in the situation, it may not meet the criteria set forth for sexual assault under the law.