How is "sexual assault" defined under the Penal Code?

The definition of "sexual assault" under the Penal Code is characterized as any sexual contact that occurs without consent. This definition underscores the essential element of consent in sexual activities, making it clear that the absence of consent constitutes sexual assault. This means that regardless of the context or relationship between the individuals involved, if one party has not given clear, voluntary consent, any sexual contact that takes place is deemed unlawful and can be classified as sexual assault.

This definition serves to protect individuals from unwanted sexual advances or actions and emphasizes the importance of consent in any sexual interaction. Other choices that suggest consensual acts, such as consensual sexual activity or sexual acts performed with consent, do not fit the legal definition of sexual assault, as they do not involve any violation of consent. Sexual contact within marriage does not negate the requirement for consent, making it clear that consent is the fundamental criterion in determining whether an act constitutes sexual assault.