What is the difference between attempted rape and attempted sexual assault?

Attempted rape and attempted sexual assault are two different types of violent crimes in Delaware. Attempted rape is defined as when a person attempts to have sexual intercourse with an individual without their consent. This can also include attempted sexual intercourse with an individual who is mentally and/or physically incapacitated. In Delaware, attempted rape is considered a class B felony. Attempted sexual assault is similar but a bit different. It is defined as when a person attempts to engage in sexual contact with an individual without their consent. This can include attempted touching of an individual’s private body parts, as well as attempted penetration. In Delaware, attempted sexual assault is considered a class G felony. The main difference between attempted rape and attempted sexual assault is the type of action that was attempted. While attempted rape is an attempt to have sexual intercourse, attempted sexual assault is an attempt to engage in sexual contact. Additionally, in Delaware, attempted rape is considered a more serious offense than attempted sexual assault as it carries a higher felony class.

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