What Is the Difference Between Sexual Assault and Harassment?

Sexual assault and sexual harassment are similar-sounding terms with distinct meanings. Sexual harassment remains a civil matter, while sexual assault crosses the line into criminal behavior. Targets of sexual harassment or assault can seek relief and justice in court, whether by filing a harassment or personal injury lawsuit or a criminal complaint after suffering sexual assault. 

The Definition of Sexual Harassment

Wisconsin statutes define sexual harassment to include unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature, or unwelcome physical or verbal conduct of a sexual nature. Unwelcome verbal or physical conduct of a sexual nature can involve deliberate, repeated unsolicited gestures or comments of a sexual nature or the repeated display of sexually graphic materials. A person’s behavior may qualify as sexual harassment, whether it’s against another person of the same or opposite gender and regardless of each person’s sexual orientation. 

Understanding Sexual Assault

Under Wisconsin criminal law, a person commits sexual assault when they have sexual contact or intercourse with another person without that person's consent. The law defines sexual contact as:

• Intentional touching for sexually degrading or humiliating a victim or sexually gratifying or arousing the perpetrator
• Intentional touching of a victim's intimate parts
• Forcing a victim to touch a perpetrator's intimate parts

Sexual intercourse includes vaginal and anal intercourse, oral sex, and the insertion of any object into another person's genital or anal opening.

A person who engages in sexual assault may be criminally prosecuted and face imprisonment and other penalties upon a conviction. 

Key Differences Between Sexual Assault and Harassment

Although sexual harassment can eventually lead to sexual assault, the two concepts have several critical differences, including:

• Nature of the behavior: Harassment frequently involves verbal and non-physical conduct, although it can sometimes escalate to unwanted physical touching, such as non-consensual hugs, rubbing, or kisses. Conversely, sexual assault always involves non-consensual physical touching, such as sexual intercourse or touching of intimate parts. 
• Intent and effects: Sexual assault involves violating a person’s bodily autonomy by forcing them to engage in sexual activity. Conversely, sexual harassment may arise from unrequited sexual interest in another person. Sexual harassment can also create a hostile environment in a workplace, school, or another place of public accommodation. 
• Legal consequences: Sexual harassment typically leads to a civil lawsuit, including claims under Title VII or Title IX of the Civil Rights Act, claims under other employment statutes, or restraining order proceedings. Conversely, a person who commits sexual assault may face criminal prosecution, which can result in a sentence that includes incarceration, fines, restitution obligations to the victim, and the requirement to register as a sex offender. 

Contact a Criminal Defense Lawyer Today

If you’ve been accused of sexual assault or harassment in Wisconsin, you need experienced legal counsel to defend your rights, reputation, and freedom. Call Cohen Law Offices today at 715-514-5051 for a confidential consultation with an experienced criminal defense attorney to learn how our firm will fight for a favorable resolution to your charges.