The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.
Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.
Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Indiana, sexual assault is covered under the state's criminal statutes, particularly in the Indiana Code (IC), which defines various sex crimes and their penalties. Forced sexual intercourse, sodomy, or other sexual penetration without consent is typically categorized under rape, as per IC 35-42-4-1. Indiana law considers rape to be a felony, and it occurs when a person knowingly or intentionally has sexual intercourse with another person when the victim is compelled by force or imminent threat of force, is unaware that the sexual intercourse is occurring, or is so mentally disabled or deficient that consent cannot be given. Additionally, Indiana recognizes sexual battery as a separate offense under IC 35-42-4-8, which involves touching another person's genitals, pubic area, buttocks, or female breast when that person is compelled to submit by force or the imminent threat of force, or if the person is unaware that the touching is occurring. The state's laws are designed to address various forms of nonconsensual sexual conduct, ensuring that different acts of sexual violence are appropriately categorized and penalized.