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So the difference between sexual assault and rape is basically, forceful compulsion or the threat of forceful compulsion. So sexual assault just requires somebody to say no or to deny it and somebody to force themselves onto a person for sexual assault but not necessarily in the nature of force as we see rape. So rape requires either a threat of force like I’m going to kill you if you don’t comply or actually holding somebody down. Sexual assault does not and it’s important for people to understand that, that no means no and that just saying no could lead to a sexual assault charge.
Philadelphia, PA criminal defense lawyer Joseph Lesniak explains the difference between a rape case and a sexual assault case.