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These terms refer to any sexual contact that occurs without the consent of the victim. They may also refer to a situation in which a person is incapable of giving valid consent, such as in the case of sexual contact with a minor or with someone who is incapacitated or otherwise unable to give consent under the law.

Due to an imbalance of power and professional ethics, sexual misconduct also may occur in other situations such as between a doctor and patient, clergyman and parishioner, massage therapist and client, teacher and student, or prison guard and inmate. In these situations, all sexual contact is prohibited regardless of the circumstances.

Common examples of sexual misconduct include:

• Rape or attempted rape
• Groping or uninvited touching of sexual organs
• Sexual intercourse with someone who cannot give consent
• Any sexual contact with a child
• Sexting, pornography or exhibitionism with a minor

No. Rape or sexual assault occurs when there is a lack of legal consent between the participants to a sex act. Rape or sexual assault can occur in the context of a pre-existing relationship. This is sometimes referred to as “date rape” or “acquaintance rape.” These types of offenses can even occur within a marriage. If one participant has not given consent to the sex act, or is not legally competent to give consent to it, it can be considered a rape or a sexual assault, depending upon the extent of the sex act. An example of someone who is not competent to give consent to sexual activity is a minor, as defined by state law in the jurisdiction where the sex act occurred.