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 Utah, sexual assault, often referred to as rape, is defined under Utah Code § 76-5-402 as having sexual intercourse with another person without their consent. This includes circumstances where the victim expresses lack of consent through words or conduct, or where consent cannot be given (e.g., due to mental incapacity or intoxication). Aggravated sexual assault, which is a more serious offense, is covered under Utah Code § 76-5-405. This includes situations where the perpetrator causes serious bodily injury to the victim, uses or threatens to use a dangerous weapon, or administers a substance to render the victim unconscious or incapable of resisting. Additionally, if the victim is under the age of 14, it is considered an aggravating factor. The penalties for aggravated sexual assault are more severe and can include a higher degree of felony charges, leading to longer prison sentences and potentially lifetime registration as a sex offender.