What constitutes "sexual assault" in the Penal Code?

The definition of "sexual assault" in the Penal Code focuses on the lack of consent. An act that involves sexual violence or coercion, carried out against an individual without their consent clearly aligns with the legal understanding of sexual assault. Consent is a critical component; when an individual does not provide their consent, any sexual act becomes a violation of their autonomy and rights, thus categorizing it as sexual assault.

Consensual acts, even if later regretted, do not fall under the definition of sexual assault because they involve mutual agreement at the time of the act. Similarly, a verbal agreement to engage in sexual activity lacks the nuance required to establish whether true consent has been given, and if the actual act is carried out without consent, it would still be classified as sexual assault regardless of prior discussions. The focus on consent is what makes the correct understanding of sexual assault clear in legal contexts.