{"id":372437,"date":"2016-04-11T01:21:50","date_gmt":"2016-04-11T06:21:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-rape-and-sexual-assault-laws.html"},"modified":"2024-08-19T12:01:23","modified_gmt":"2024-08-19T17:01:23","slug":"delaware-rape-and-sexual-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-rape-and-sexual-assault-laws.html","title":{"rendered":"Delaware Rape and Sexual Assault Laws"},"content":{"rendered":"\n
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Delaware Rape and Sexual Assault Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Understanding Delaware’s rape and sexual assault laws is essential for anyone seeking to navigate the legal system in cases of sexual violence. These laws protect victims and hold perpetrators accountable.<\/p>\r\n

This article gives a detailed overview of Delaware’s legal framework on rape and sexual assault, including key definitions, potential penalties, and the legal process. Whether you are a victim seeking justice, a concerned person, or someone wanting to understand the legal landscape, this guide aims to clarify Delaware’s approach to addressing and prosecuting sexual offenses.<\/p>\r\n

Sexual Assault<\/b><\/h2>\r\n

The precise definition of sexual assault<\/u><\/a> varies from state to state but generally means any unwanted and offensive sexual touching. The table below outlines Delaware’s three degrees of sexual assault.<\/p>\r\n\r\n
Code section<\/th>\r\nDelaware Code Sections 767<\/a> to 769<\/a><\/td>\r\n<\/tr>

Unlawful sexual contact in the first degree<\/b><\/p>\r\n

 <\/p>\r\n<\/td>\r\n

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  • Physically injuring the victim, displaying what appears to be a deadly weapon to the victim, or representing to the victim that you have a deadly weapon while committing unlawful second- or third-degree sexual contact during the immediate flight from a crime, or during an attempt to prevent the reporting of a crime<\/li>\r\n
  • Intentionally having sexual contact with someone who is younger than 13 years old or causing the victim to have sexual contact with a third person<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Unlawful sexual contact in the second degree<\/th>\r\n

Intentionally having sexual contact with someone who is younger than 18 years old or causing the victim to have sexual contact with a third person.<\/p>\r\n<\/td>\r\n<\/tr>

Unlawful sexual contact in the third degree<\/b><\/td>\r\nHaving sexual contact with a victim or causing the victim to have sexual contact with a third person while knowing that the contact is either offensive to the victim or happens without the victim’s consent.<\/td>\r\n<\/tr>
Penalties<\/th>\r\n