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Sexual Intrusion and Penetration

Sexual intrusion and penetration are two important concepts in sexual assault law. In this article, we’ll define the terms “sexual intrusion” and “sexual penetration” and explain their penalties.

Key Takeaways

  • Sexual intrusion is any intrusion of an object or body part (excluding the mouth, tongue, or penis) into the genital or anal opening of another person’s body for the purposes of sexual gratification, arousal, or abuse
  • Sexual penetration refers to vaginal intercourse, anal intercourse, fellatio, or cunnilingus 
  • Sexual penetration without consent is defined as sexual assault
  • In some states, the definition of sexual assault also includes sexual intrusion without the victim’s consent
  • The exact penalty for sexual assault varies from state to state, but there is usually a maximum sentence of approximately 20 years in prison or life in prison for repeat offenses against children

What Are Sexual Intrusion and Penetration?

Sexual intrusion and penetration are two terms used to define the concepts of rape and sexual assault. Sexual intrusion refers to any situation, however slight, in which any object or body part (excluding the mouth, tongue, or penis) is entered into the genital or anal opening of another person’s body for the purposes of sexual arousal, gratification, or abuse. Sexual penetration refers to vaginal intercourse, cunnilingus, fellatio, or anal intercourse by means of insertion of the hand, finger, or object into the anus or vagina, no matter how slight.

Sexual Intrusion and Penetration and Sexual Assault Law

In most states as well as according to the FBI, sexual penetration without the consent of the victim is considered to be rape and is illegal. In some states, the definition of sexual assault extends beyond sexual penetration to include sexual intrusion. 

The exact penalties for unlawful sexual intrusion and penetration vary from state to state. Federally, the maximum sentence for sexual assault is twenty years in prison or life imprisonment for repeat offenses against children. There are also fines, and offenders may be required to compensate victims for expenses related to the crime, including medical care, therapy, legal expenses, lost wages, and more. 

If you have been charged with sexual assault, it is recommended that you hire an experienced sexual assault attorney to represent you in court. They will build a defense in order to reduce your penalty to the minimum possible sentence, if not acquit you.

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Featured Sexual Assault Lawyers

Law Office of Salvatore Ciulla

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Horn Wright, LLP

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Issa Law, LLC

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