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 Pennsylvania, sexual assault is defined under the Pennsylvania Consolidated Statutes Title 18, Section 3124.1 as an act where an individual engages in sexual intercourse or deviate sexual intercourse with a complainant without the latter's consent. This includes situations where the act is accomplished by force, threat, or when the victim is unconscious or otherwise incapable of giving consent. Aggravated sexual assault of a child is considered a more severe offense and is addressed under the statute as 'Involuntary Deviate Sexual Intercourse' (Section 3123) when it involves a person less than 16 years of age and the offender is four or more years older than the victim, or under 'Statutory Sexual Assault' (Section 3122.1) when the victim is under 16 and the offender is four or more years older but less than 18. The presence of a child victim significantly increases the penalties, which can include lengthy prison sentences and mandatory registration as a sex offender under Megan's Law.