Does the sexual touching have to be nonconsentual to be considered abuse?
In most cases a plaintiff will have to establish that they did not consent to the sexual contact to prevail in a case for sexual abuse. The hallmark of most sexual abuse cases is the existence of unwanted or unwelcomed sexual touching. However, there are certain classes of people who are protected from any sexual touching whether or not they consented and whether or not the touching was welcomed. For instance, it is absolutely prohibited for an adult to have any type of sexual contact with a minor,i.e. a child under the age of 18, welcomed or unwelcomed. The same rule is true for people who are found to be so mentally incompetent that they are not able to give consent as long as the perpetrator knew of the level of the person’s incompetency. Further, all licensed healthcare providers are prohibited from engaging in any type of sexual contact with patients during the time of treatment, and psychotherapists are prohibited from engaging in any type of sexual contact with a patient during
