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 West Virginia, sexual assault is defined under the state's criminal code and includes forced sexual intercourse, sodomy, or other sexual penetration without the victim's consent and against their will. The state differentiates between degrees of sexual assault, with first-degree sexual assault involving sexual intercourse with physical force or the threat of force, and second-degree sexual assault involving sexual contact without consent but not necessarily with the use of force. Aggravated sexual assault of a child is a more severe offense and is characterized by the victim being below a certain age, which increases the gravity of the crime. The age of the child and the specific circumstances of the offense will determine the exact nature of the charge and the potential punishment, which can include lengthy prison sentences. It is important for individuals facing such charges to consult with an attorney who is knowledgeable in West Virginia's sexual assault laws to understand the charges and potential defenses.