Restraining Orders

Sexual assault is non-consensual sexual contact.¹ Non-consensual sexual contact is when an abuser knowingly has sexual contact with you or causes another person to have sexual contact with you when:

• the abuser knows (or should reasonably know) that the behavior is offensive to you;
• the abuser knows (or should reasonably know) that you have a “mental disease or defect” that would make you unable to understand the abuser’s behavior;
• the abuser or someone acting for the abuser has impacted your ability to consent or control your behavior by giving you alcohol or drugs without your knowledge;
• you are detained in a hospital, prison, or other institution and the abuser is your supervisor or has the power to discipline you;
• you are 15-17 years old and the abuser is your parent, guardian, or some other person responsible for your supervision and welfare; or
• you are 15-17 years old and the abuser is an adult.²

¹ N.D.C.C. § 12.1-31-01.2(1)(b)
² N.D.C.C. § 12.1-20-07(1)