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 West Virginia, sexual assault is defined under the state's criminal code and includes forced sexual intercourse, sodomy, or other sexual penetration without the victim's consent. Aggravated sexual assault in West Virginia is a more severe form of sexual assault that involves certain aggravating circumstances. These circumstances can include the use of a deadly weapon, the administration of a drug to incapacitate the victim, or the victim being a child below a certain age. The exact age that constitutes a child in these cases and the specific punishments for aggravated sexual assault can vary, but such offenses are typically treated as felonies with severe penalties, including lengthy prison sentences. It is important for individuals facing such charges or victims of such crimes to consult with an attorney to understand the specific legal implications in their case.