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 generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.

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. Consent is defined as a voluntary agreement to engage in sexual activity. Aggravated sexual assault in Arizona, often referred to as sexual assault with aggravating factors, is covered under Arizona Revised Statutes § 13-1423. Aggravating circumstances can include the use of a deadly weapon or dangerous instrument, causing serious physical injury, committing the assault with the knowledge that the victim is pregnant, or if the victim is under 15 years of age. The presence of such aggravating factors can lead to more severe penalties, including longer prison sentences. Arizona law also recognizes the use of a 'rape drug' to incapacitate a victim as an aggravating circumstance. The specific penalties for sexual assault and aggravated sexual assault can vary widely depending on the circumstances of the case and the presence of aggravating factors.