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 North Carolina, sexual assault is defined under various statutes, with the term 'rape' being used for forced sexual intercourse. First-degree rape involves vaginal intercourse by force and without consent, and with aggravating factors such as the use of a deadly weapon, serious personal injury, or the assistance of one or more persons. Second-degree rape lacks these aggravating factors but still involves force and lack of consent. Sexual offenses also cover other forms of sexual penetration against the will and without the consent of the victim. Aggravated sexual assault in North Carolina would typically involve circumstances like the use of a deadly weapon, causing serious injury, or the victim being incapacitated or physically helpless, often due to the influence of a substance. The age of the victim is also a critical factor; statutory rape or sexual offense laws apply when the victim is a child under a certain age, which is 16 in North Carolina. The specific statutes to refer to include N.C. Gen. Stat. §§ 14-27.20 to 14-27.33, which outline the offenses and their respective punishments, ranging from felony charges to mandatory minimum sentences.