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 Indiana, sexual assault is legally referred to as 'criminal sexual conduct' and is addressed under Indiana Code Title 35, which covers criminal law and procedure. The law defines various degrees of sexual misconduct, including rape, criminal deviate conduct (sodomy), and child molesting, each with specific circumstances and definitions. Rape, for instance, is defined as sexual intercourse with another person when it is compelled by force or imminent threat of force, when the other person is unaware that the sexual intercourse is occurring, or if the person is so mentally disabled or deficient that consent cannot be given. Aggravated sexual assault typically involves additional factors that increase the severity of the offense, such as the use of a deadly weapon, resulting in serious bodily injury, or the victim being under a certain age, often under 14 in Indiana. The age of the victim is a critical factor, and sexual offenses against children are treated with particular severity, with the potential for enhanced penalties and mandatory minimum sentences. The exact punishment for sexual assault can vary widely depending on the specific nature of the crime and the age of the victim, with more severe penalties for offenses involving younger children or aggravating circumstances.