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 Arizona, sexual assault is defined under Arizona Revised Statutes § 13-1406 as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person. Consent is not considered valid if it results from coercion, the victim is deemed incapable of consent due to mental disorder or incapacitation, or if the victim is under the age of 18. Aggravated sexual assault, particularly when the victim is a child, is addressed under § 13-705, known as 'Dangerous Crimes Against Children.' Under this statute, if the victim is under 15 years of age, the offense is treated with increased severity, leading to longer mandatory prison sentences without the possibility of parole, probation, or sentence suspension. The law recognizes the vulnerability of children and imposes strict penalties to deter such crimes and protect minors from sexual abuse.