Child Molestation vs Sexual Abuse: What’s the Difference?

According to the CDC, approximately one in four girls and one in 20 boys will experience child sexual abuse in their lifetime. While child sexual abuse was once thought of very narrowly, our societal understanding of this particularly devastating form of abuse has grown over the past several decades.

As we continue to learn more about child sexual abuse and child molestation, these two terms become increasingly distinct from one another. Understanding the differences and overlaps between these concepts, however, can be crucial in the event that you suspect your child has been affected by some form of misconduct. Let’s take a closer look at what constitutes child molestation and child sexual abuse in the state of California and explore how an experienced sexual abuse attorney can help families fight back against abusers and their enablers.

Molestation vs sexual abuse: what’s the difference?

It might be easiest to think of child sexual abuse as an umbrella term that covers a variety of different behaviors and behavioral patterns. Child molestation technically falls under this umbrella, but refers specifically to sexually-motivated behaviors that could disturb or offend a normal person and are directed at a minor. Child molestation may involve inappropriate sexual touching, but not always.

While we often think of child molestation as being perpetrated against a child by an adult, it is also possible for children to perpetrate acts of molestation against their peers. In either case, it’s important to keep in mind that minors are not legally able to consent to sexual conduct, even if the minor appears willing, and even if the contact in question seems less severe.

Child sexual abuse, on the other hand, refers broadly to any sexual act forced upon or involving a minor. Under state law, this can include a wide spectrum of behaviors, such as:

• Rape, assault, or molestation
• Inappropriate touching or fondling
• Exposing children to sexual acts or pornography
• Indecent exposure
• Sexual exploitation

Notably, child sexual abuse may be perpetrated in-person or online and can involve a single individual or an entire institution. Children are vulnerable, impressionable, and can be easily manipulated. That’s why it’s important for families and their legal teams to track down any and all entities that might have contributed to a child’s abuse by enabling or protecting individual perpetrators.

A distinction without a difference?

Child sexual abuse vs. child molestation is more than just a difference in semantics. While child molestation falls under the umbrella of child sexual abuse, the legal implications of different kinds of abuse can vary significantly. That’s why it’s so important to establish exactly what took place in an abuse scenario in order to assess the appropriate legal charges and recourse.

For example, Cal. Pen. Code § 647.6(a)–(c) establishes that someone can be found guilty of “Annoying or Molesting a Child” if:

1. The defendant engaged in conduct directed at a child;
2. A normal person, without hesitation, would have been disturbed or offended by the defendant’s conduct;
3. The defendant’s conduct was motivated by an unnatural or abnormal sexual interest in the child;

AND

1. The child was under the age of 18 years at the time of the conduct.

As you may have noticed, these standards establish that a defendant can be found guilty of child molestation regardless of whether or not any sexual touching actually occurred. As long as the court finds that the perpetrator was motivated by sexual interest in a child, any conduct they may engage in towards that child that a reasonable person would find disturbing or offensive could meet the standard of molestation under the law.

Sexual abuse, on the other hand, tends to involve more targeted contact and non-contact acts towards children and can encompass a variety of different actions. The legal penalties for many forms of child sexual abuse are severe, and the harm done to children can be life-altering. Regardless of whether a case involves annoying or molesting a child or other abusive behaviors, it’s important to act quickly to ensure a child is safe from harm and able to begin the process of healing from their abuse.

What are my legal options?

If you suspect that your child has been the victim of sexual abuse, you can and should take steps to hold their abuser accountable and ensure they cannot cause additional harm to the children in your family or community. Thankfully, California families have a few different options when it comes to pursuing justice under the law. Here’s a quick look at some of the legal avenues you should consider:

Criminal charges

If you suspect your child has suffered molestation or another form of sexual abuse, you should report it to local law enforcement or the California Department of Social Services right away. The Department maintains a directory of county-run 24-hour reporting hotlines so you can take swift action to alert the local authorities of suspected abuse.

Once your report has been filed, law enforcement will likely conduct an investigation into the allegations in order to determine whether there is sufficient evidence for criminal prosecution. If a case is referred for prosecution, the state will take over and begin to build a case against the offender. Sometimes, child abusers will accept plea bargains in order to prevent a case from going to trial. While this can result in lesser penalties for the offender, these kinds of plea agreements can help to streamline the legal process and ease some of the emotional strain commonly associated with child sexual abuse cases.

Civil claims

Regardless of whether or not an alleged child abuser is found guilty in a court of law, survivors or their guardians may be entitled to file a civil claim against the suspected perpetrator. Survivors can also pursue civil cases against institutions they believe enabled or covered up their abuse. Civil claims often serve to provide survivors with the compensation they need to move forward after abuse and can be used to help offset common case costs, like:

• Medical bills
• Therapy costs
• Lost wages or reduced capacity to work
• Pain and suffering
• Emotional distress

Some cases may also qualify for punitive damages, which are intended to punish the abuser for their actions and disincentivize them and others from engaging in similar behaviors in the future. These damages can prove particularly vital in cases involving institutional abuse, but a wide variety of individual sexual abuse claims can also yield a combination of compensatory and punitive damages.

Final thoughts

All forms of child sexual abuse are devastating and should be prevented at all costs. However, even the most diligent of guardians can find themselves questioning whether their child may have been harmed by someone they previously trusted. Child molestation and sexual assault cases are sensitive and complex, but the right attorney can help ease the burden and usher in justice for those who need it most.

At Taylor & Ring, we pride ourselves on providing comprehensive and compassionate legal support for families struggling in the wake of abuse. Our local team has a proven track record when it comes to advocating for survivors of child sexual abuse, having represented clients in over 200 jury trials and secured millions of dollars in verdicts and settlements for our diverse client base.

If you are struggling in the wake of child sexual abuse and are trying to decide how best to proceed, give us a call today or fill out our online contact form to schedule a free consultation with a member of our team. Whether you suspect child molestation or other forms of sexual abuse are in play, we are standing by to offer the confidential support and guidance you need to make an informed decision about how to move forward in your fight for accountability.