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Sexual assault or rape refers to the crime of forcing sexual intercourse, sodomy or some form of sexual penetration on another, against the person's will and without the person's consent. Most, if not all states, define sexual penetration as penetration of the vagina with a part of the body or an object. Sodomy consists of oral sex (contact between a person's mouth and genitalia) or penetration of the anus with a part of the body or an object. When Sexual Assault or Rape Is Aggravated Aggravated sexual assault or aggravated rape is a more serious form of the crime of rape or sexual assault, because the circumstances or the injury are considered "aggravated" or more serious than the circumstances or injury involved in other rapes or sexual assault. Some states have degrees of sexual assault or sexual penetration with first degree being the most serious form of the crime and the equivalent of aggravated sexual assault in other states. The circumstances that distinguish aggravated sexual assault from non-aggravated vary from state to state. The following are commonly listed as circumstances that elevate the crime of sexual assault or attempted sexual assault to an aggravated offense: *the assailant uses, displays or threatens the victim with a deadly weapon during the offense *the offender causes serious or severe physical injury or permanently disfigures or disables the victim *the assailant acts with extreme indifference to human life during the commission of the assault *the offender attempts to kill the victim or another person during the commission of the assault *the assailant is aided by or commits the assault with one or more other person *the offender uses a rape drug to incapacitate the victim *the victim is physically helpless or temporarily or permanently unable to give consent because the victim is under the influence of alcohol or drugs, mentally incapacitated, elderly, or otherwise disabled or vulnerable *the assault involves incest or is committed by a step-parent or guardian *the offender has supervisory, disciplinary, or other power over the victim because of his legal, professional, or occupational status, and *the assault is committed during the commission or attempted commission of another felony such as kidnapping, robbery, homicide, aggravated assault, burglary, arson, or escape from jail or prison Consent Sexual conduct is criminal if sexual touch is not consented to, either because the perpetrator forces the other person or because the victim is incapable of consent. Minors under the age of fourteen or fifteen, depending on the state, are considered incapable of consent regardless of their mental ability to understand the nature of the act or their right to refuse. In some states, sex with a minor over a certain age is a crime only if the offender is older than the minor by a certain number of years - for instance, three years older. Age of the Victim In most states, sexual assault of a child under a certain age is a child abuse crime or defined as sexual assault of a minor or child. A few states, however, define sexual assault on a child under 14 as aggravated sexual assault. Other states impose stiffer penalties for the crime of aggravated sexual assault if the victim is under the age of 16 or 14 or 13. Penalties for Aggravated Sexual Assault: Imprisonment Each state that has an aggravated sexual assault statute sets its own punishment. Because this is a more serious crime than sexual assault or rape without aggravating circumstances, the possible sentence is more severe and often quite significant. The crime is always a felony and often a felony in the first degree or of the most serious level defined by a state's criminal code. Possible sentences range from five to fifteen years in prison. If the victim is under the age of 16 or less, the minimum sentence increases in some states to 20 and even 25 years. In many states, aggravated sexual assault also carries a possible maximum life sentence under certain circumstances. |
