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 Indiana, sexual assault is legally referred to as 'criminal deviate conduct' and 'rape.' Under Indiana Code IC 35-42-4-1, rape 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 when the other person is so mentally disabled or deficient that consent cannot be given. Aggravated sexual assault in Indiana typically involves circumstances that enhance the seriousness of the offense, such as the use of deadly force, the presence of a weapon, the administration of drugs to facilitate the assault, or the victim being under a certain age, which is generally considered to be less than 16 years old. The penalties for sexual assault in Indiana are severe and can include a lengthy prison sentence, with even harsher penalties for aggravated sexual assault due to the presence of aggravating factors.