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 North Carolina, sexual assault encompasses a range of non-consensual sexual acts, including forced sexual intercourse, sodomy, or other sexual penetration. The state's laws define these acts under various degrees of sexual offense, with the absence of consent being a critical element. Aggravated sexual assault of a child is treated with particular severity. North Carolina General Statutes define different levels of sexual offense, and when the victim is a child, the crime is often categorized as a statutory offense. The age of the child is a determining factor in the classification of the crime, with younger victims typically resulting in more severe charges and penalties. For instance, statutory rape or sexual offense of a person who is 13, 14, or 15 years old by a defendant who is at least six years older than the victim is a Class B1 felony. The law recognizes the inherent inability of children to consent to sexual acts, and as such, offenses against children carry harsher punishments and mandatory minimum sentences, reflecting the increased severity when the victim is a child.