Delaware Rape and Sexual Assault Laws

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed August 19, 2024

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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.

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.

Sexual Assault

The precise definition of sexual assault 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.

Code section Delaware Code Sections 767 to 769

Unlawful sexual contact in the first degree

 
 
  • 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
  • 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
Unlawful sexual contact in the second degree

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.
Unlawful sexual contact in the third degree Having 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.
Penalties
  • First degree: Class D felony
  • Second degree: Class F felony
  • Third degree: Class A misdemeanor

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Rape

For more information about the different degrees of rape in Delaware, see the text of the state rape statutes:

Sexual Extortion

It is also a crime in Delaware to engage in sexual extortion. In other words, it is illegal to intentionally compel or induce another person to engage in a sexual act (involving contact, penetration, or intercourse) by instilling in the victim a fear that if the sexual act isn't performed the defendant will:

  • Physically harm someone
  • Cause property damage
  • Engage in other criminal conduct
  • Accuse someone of a crime
  • Expose a secret intending to subject someone to hatred, contempt, or ridicule
  • Falsely testify or withhold testimony, or
  • Perform any act intended to harm a person's health, safety, business, career, financial condition, reputation, or personal relationships

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Need Legal Advice From A Delaware Attorney?

State laws change frequently. If you have questions about Delaware's rape and sexual assault laws or are unsure whether you have a potential cause of action, consulting with a Delaware sex crime attorney is crucial. An experienced lawyer can provide guidance on the specifics of Delaware's legal framework, help you understand your rights, and check the strength of your case. 

If you're facing charges or an investigation for a sex crime, make sure to speak to a Delaware criminal defense lawyer today.

If you are a rape or sexual assault survivor there is help available for you. During an emergency dial 911, and when you're safe call Contact Lifeline for sexual assault services.l assault services.

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  • Complex cases usually require a lawyer
  • Experienced lawyers can seek to reduce or eliminate criminal penalties
  • Sexual assaults & sex crime convictions often have long sentences and lifelong consequences

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