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 Virginia, sexual assault is defined under the state's criminal laws, particularly in terms of sexual battery and rape. Sexual battery is the sexual abuse of a victim against their will and without consent, involving the intentional touching of the victim's intimate parts or forcing the victim to touch the assailant's intimate parts. Rape is defined as having sexual intercourse with a person against their will by force, threat, or intimidation or through the use of the victim's mental incapacity or physical helplessness. Aggravated sexual assault in Virginia includes circumstances that increase the gravity of the offense, such as the use of a deadly weapon, causing serious bodily or mental injury, or the involvement of a victim who is under the age of 13. The presence of these aggravating factors can lead to more severe charges and penalties, including longer prison sentences. Virginia law also recognizes the use of drugs to facilitate a sexual assault, which can lead to additional charges. It is important for individuals to consult with an attorney for specific legal advice and representation in matters related to sexual assault.