Restraining Orders

In Delaware, for the purpose of getting a sexual violence protective order, “sexual violence” is one or more act(s) of “non-consensual sexual conduct” or “non-consensual sexual penetration.”¹

“Non-consensual” means that you did not freely agree (consent) to the sexual conduct or penetration. If you “agreed” to the sexual contact because you were being threatened with physical harm, for example, that would not be a situation in which you “freely agreed” to the contact. You also cannot consent if you are unconscious, asleep, or otherwise unaware of the sexual act being performed.²

Sexual conduct is when the abuser:

• intentionally touches or fondles your genitals, anus, or breasts, including through clothing;
• intentionally displays his/her genitals, anus, or breasts for the purposes of his/her arousal or sexual gratification;
• intentionally forces you to touch another person’s genitals, anus, or breasts, including through clothing;
• forces the display of your genitals, anus, or breasts for the purpose of arousal or sexual gratification;
• for the purposes of sexual gratification or arousal, intentionally touches the body, clothed or unclothed, of a child; or
• forces a child to touch or fondle, including through clothing, the genitals, anus, or breasts of the abuser or another person.³

In Delaware, a child who has not yet turned 12 cannot consent to a sexual act under any circumstances. A child who has not yet turned 16 cannot consent to a sexual act with a person who is more than four years older.⁴

Sexual penetration is:

• any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth, or anus of another person; or
• any intrusion, however slight, of any object or any part of the body of one person into the sex organ or anus of another person, including oral sex or anal penetration.⁵

Note: There does not have to be semen found to prove sexual penetration.⁵

¹ 10 Del.C. § 7203(b)(1)
² 10 Del.C. § 7202(3); 11 Del.C. § 761(k)
³ 10 Del.C. § 7202(8)
⁴ 11 Del.C. § 761(l)
⁵ 10 Del.C. § 7202(9)