Sexual assault: what it is and what to do
Updated
Sexual assault is any sexual contact or behavior that happens without clear, freely given consent. It includes rape, attempted rape, unwanted touching, and sexual contact with someone who can't consent because they're asleep, intoxicated, underage or being threatened. If it happened to you, it is not your fault, and you have options: medical care, confidential support, reporting to police, reporting to an institution, and civil legal action.
If you are in danger right now
Call 911. For free, confidential support any time, call the RAINN National Sexual Assault Hotline at 800-656-4673 or chat at rainn.org.
What counts as sexual assault
Exact legal definitions vary by state and country, but sexual assault generally covers:
- Rape and attempted rape: penetration of any kind without consent.
- Unwanted sexual touching (sometimes called sexual battery or indecent assault), over or under clothing.
- Sexual contact with someone who can't consent: because of age, intoxication, unconsciousness, disability, or force or threats.
- Coercion by someone with power over you: a boss, teacher, coach, doctor, clergy member, guard or officer who uses their position to pressure you.
Consent has to be clear, ongoing and freely given. Silence, a past relationship, or not fighting back is not consent.
What to do after a sexual assault
- Get to a safe place. Call 911 if you're hurt or in danger, or reach out to someone you trust.
- Consider medical care. A hospital can treat injuries, offer emergency contraception and medicine to prevent HIV and other infections, and perform a forensic exam (often called a "rape kit") with a specially trained nurse. Evidence is usually best collected within about 72 to 120 hours, but you can get care at any time.
- The exam is free and doesn't require a police report. Under federal law, states must provide forensic exams at no cost, and you can choose later whether to involve police.
- Preserve evidence if you can. If possible, avoid showering or changing clothes before an exam, and keep texts, messages, photos and anything else that shows what happened or how the person contacted you.
- Write down what you remember when you're ready: dates, places, people present, and anyone you told afterward.
- Get support. RAINN (800-656-4673) can connect you to a local rape crisis center, which can send an advocate to the hospital, police station or court with you.
Your reporting options
- Police: you can report to law enforcement, now or later. Criminal time limits vary, and many states have extended or eliminated them for rape and child sexual abuse.
- The institution involved: if it happened at work, school, a church, a medical practice, a youth program or a government facility, you can report to HR, a Title IX office, leadership or an oversight agency. Many of the cases on this site began with reports that institutions ignored, so keep copies of what you submit and the responses you get.
- Confidentially, to an advocate: you can tell the Hollywood Council for Restorative Justice what happened, anonymously, or you can call a rape crisis center.
Civil lawsuits: holding institutions accountable
Separate from any criminal case, survivors can sue the person who assaulted them and, often, the institution that enabled it, for example by hiring someone with known complaints, ignoring warnings or covering up abuse. These suits have produced some of the largest settlements in American legal history: USC, Michigan State and USA Gymnastics, Catholic dioceses, the Boy Scouts and Los Angeles County. Many states have opened "lookback windows" that let survivors file claims that were once too old. Deadlines vary widely, so if you're considering a lawsuit, talk to a lawyer soon. See how to find a lawyer.
Frequently asked questions
What is sexual assault?
Sexual assault is any sexual contact or behavior without clear, freely given consent, including rape, attempted rape, unwanted touching, and sexual contact with someone who cannot consent because of age, intoxication, unconsciousness or threats.
Do I have to report to the police to get a rape kit?
No. In the United States, states must provide sexual assault forensic exams free of charge, and you do not have to report to law enforcement to get one.
How long after a sexual assault can evidence be collected?
Forensic evidence is usually best collected within about 72 to 120 hours, but you can seek medical care and support at any time.
Can I sue an employer or school for a sexual assault?
Often, yes. Institutions can be held liable when they ignored complaints, failed to supervise, or covered up abuse. Deadlines vary by state, so speak to a lawyer promptly.
Who can I talk to confidentially?
The RAINN National Sexual Assault Hotline is free, confidential and available 24/7 at 800-656-4673.