Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.

In Alabama, sexual assault is legally referred to as sexual misconduct or rape, depending on the nature of the act. Rape is defined under Alabama law as forced sexual intercourse with someone who is incapable of consent due to reasons such as being physically helpless, mentally incapacitated, or under the legal age of consent, which is 16 years old. Aggravated sexual assault typically involves additional factors that increase the severity of the offense, such as the use of a deadly weapon, serious bodily injury, or the victim being under a certain age. Specifically, when the victim is a child, the offense is often categorized as sexual abuse or rape of a child, and the age of the child can lead to more severe charges and penalties. Alabama Code § 13A-6-61 and § 13A-6-62 outline the definitions and penalties for first and second-degree rape, respectively, with harsher punishments reserved for offenses involving children or aggravated circumstances. The law is designed to protect minors and incapacitated individuals, and those convicted of such crimes face significant legal consequences, including lengthy prison sentences and mandatory registration as a sex offender.