If there is either element proven present in a sexual assault case, the charge will be aggravated. A sexual offense committed by an adult against a child younger than 14 years turns into an aggravated sexual assault, on the basis of age. For more information about how age affects different sexual offense charges, click here.
By Lauren BaldwinContributing Author. Most, if not all states, define sexual penetration as penetration of the vagina with a part of the body or an object. 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 MeToo movement has supported victim-survivors to speak out about a wide range of acts that constitute sexual violence. Reports have included those of rape, sexual assaultchildhood sexual abusesexual coercionsexual harassmentand behaviours that might not fit neatly into any of these categories. Otherwise it makes it difficult for people to know how to label and describe their experiences.
A person commits criminal sexual assault if that person commits an act of sexual penetration and: 1 uses force or threat of force; 2 knows that the victim is unable to understand the nature of the act or is unable to give knowing consent; 3 is a family member of the victim, and the victim is under 18 years of age; or 4 is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age. Evidence of emission of semen is not required to prove sexual penetration. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent.
State laws regarding sexual assault, domestic violence, and stalking are too numerous and are revised with such frequency that listing them would not be prudent. However, the following are brief summaries of what can be found in Article 7 of the Virginia Criminal Laws and Codes. Local resources can be contacted to obtain the written state code in more depth:.
Below is a listing of some of those laws. The following listings are paraphrases. For detailed information, see the Code of Virginia. Title
The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments. New Mexico law allows aggravated criminal sexual penetration to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the New Mexico Age of Consenteven if the victim willingly engages in sexual relations with the defendant.
New Jersey Aggravated sexual assault is the most serious of the sexual offenses as it is a crime of the first degree. There is no statute of limitations for an aggravated sexual assault because of the public interest in being able to prosecute sexual offenses committed upon children. In order to obtain a conviction for any of the aggravated sexual assault offenses, the state must prove "sexual penetration. However, New Jersey Aggravated Sexual Assault law requires proof that the defendant had a purpose to sexually arouse, degrade or humiliate the victim or to gratify the defendant.