What is sexual assault?
For the purpose of getting a sexual assault or stalking protective order, Alaska law defines sexual assault as any of the crimes listed in sections 11.41.410 through 11.41.450 of the AK Code - the crimes in these sections of the law are called “sexual assault,” “sexual abuse of a minor” (which includes statutory rape) and “incest.”1 You can read the definition for each of them on our Selected Alaska Statutes page. Some examples of the acts that can be considered sexual assault are:
- 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 and causes serious physical injury;
- When someone touches or penetrates a person sexually who the offender knows is:
- mentally incapable;
- incapacitated; or
- unaware that a sexual act is being committed;
- When an employee in a state correctional facility or a law enforcement officer engages in sexual penetration / touching with an inmate or someone in police custody; and
- Sexual penetration / touching between someone who is age 18 or 19 who is in the custody of the Department of Health and Social Services and his/her legal guardian.2
Note: You can find the legal definition of the terms used above, sexual penetration and sexual contact, on our Selected Alaska Statutes page (scroll down to sections (b)(58) and (b)(59) of the section we link you to, section 11.81.900).
1 Alaska Statute §§ 18.65.870(3);18.66.990(9); 11.41.410 through 11.41.450
2 Alaska Statute §§ 18.66.990(9); 11.41.410 through 11.41.427
3 Alaska Statute §§ 18.66.990(9); 11.41.434 through 11.41.440
4 Alaska Statute §§ 18.66.990(9); 11.41.450