Know the Laws: Alaska
UPDATED August 27, 2008
This protective order is designed to protect you from sexual assault from anyone who is not a household member.
- What is sexual assault?
- What is a sexual assault protective order?
- What are the steps for filing for a sexual assault protective order?
- I'm a victim of sexual assault. Do I file for a sexual assault or domestic violence protective order?
- Where can I find additional information about sexual assault?
back to topWhat is sexual assault?
Alaska law defines sexual assault as the following*:
- When someone touches or penetrates a person sexually without that person’s consent
- When someone attempts to touch or penetrate a person sexually without that person’s consent
- When someone touches or penetrates a person sexually who the offender knows is:
- mentally incapable
- incapacitated
- unaware that a sexual act is being committed
Sexual penetration is genital intercourse, cunnilingus, fellatio, anal intercourse; or an intrusion, however slight, of an object or any part of a person’s body into the genital or anal opening of another person’s body. Sexual contact is knowingly touching, directly or through clothing, the victim’s genitals, anus, or female breast, or knowingly causing the victim to touch, directly or through clothing, the defendant’s or victim’s genitals, anus, or female breast.
* Alaska Statute § 11.41.410-427.
back to topWhat is a sexual assault protective order?
A sexual assault protective order is a civil court order that is similar to a protective order for domestic violence, but it is designed specifically to protect you from sexual assault. If you and the perpetrator are household members you need to file for a domestic violence protective order. If you and the perpetrator are not household members you need to file for a sexual assault protective order.
A sexual assault protective order can:
- Order the perpetrator to stop threatening to commit or committing stalking or sexual assault;
- Order the perpetrator to stop calling you, contacting you, or communicating with you directly (or indirectly through a third party). This could also apply to a household member if that person is specifically listed on your protective order.
- Order the perpetrator to stay away from your home, school, workplace, or any other place listed in your order. However, if the perpetrator lives with, goes to school with, or works with you, he will have to have been given actual notice of the opportunity to attend the protective order hearing before he can be ordered to stay away from her own home, school, or workplace.
- Order other relief that the court determines to be necessary to protect you or a specific household member.*
* Alaska Statute §18.65.850
back to topWhat are the steps for filing for a sexual assault protective order?
The steps for filing for a sexual assault protective order are generally the same as the steps for a domestic violence protective order. See What are the steps for getting a protective order?
You also have the option of requesting an ex parte or emergency protective order for sexual assault, as you do when filing for a domestic violence protective order. See What are the three types of protective orders to read more about what ex parte and emergency orders can do for you.
back to topI'm a victim of sexual assault. Do I file for a sexual assault or domestic violence protective order?
Deciding which type of protective order to file depends on your relationship to the perpetrator. Both sexual assault and domestic violence protective orders can protect victims of sexual assault.
If you and the perpetrator are not household members you need to file for a sexual assault protective order. If you and the perpetrator are household members you need to file for a domestic violence protective order. See Who can get a domestic violence protective order? for the definition of "household member."
back to topWhere can I find additional information about sexual assault?
To read more about sexual assault, you can go to our Learn about Abuse page. If you have been sexually assaulted, there are several places you may call for help:
- Rape Abuse and Incest National Network (RAINN) at 1-800-656-HOPE (4673). Free, confidential, 24 hrs.
- National Domestic Violence Hotline 1-800-799-SAFE (7233) or 1-800-787-3244 (TTY) for support, shelter, or services. Free, confidential, 24 hrs.
- If you know a child who is being abused or neglected call the Childhelp USA National Child Abuse Hotline for advice and information. This is not the same as reporting the abuse - the purpose is to give you information on options. 1-800-4-A-CHILD (422-4453) Free, confidential, 24 hrs.
- For stalking, call the National Center for Victims of Crime Stalking Resource Center at 1-800- FYI-CALL (394-2255) M-F, 8:30 am- 8:30 pm EST or visit their website www.ncvc.org/src
- For sexual assault related to the military, contact the Miles Foundation 203-270-7861 or e-mail them at milesfdn@aol.com
- For help with legal information, contact Email Legal Hotline at WomensLaw.org.