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Legal Information: North Dakota

Restraining Orders

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March 19, 2020

What is the legal definition of sexual assault?

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)