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 Mississippi, sexual assault is legally referred to as 'sexual battery' and is defined under Mississippi Code Section 97-3-95. The law states that a person is guilty of sexual battery if they engage in sexual penetration with another individual without their consent or if the victim is incapable of consent due to being mentally incapacitated or physically helpless. The term 'sexual penetration' includes any degree of insertion of a sexual organ or instrument into the genital or anal openings of another person's body. The severity of the offense and the penalties can vary based on factors such as the age of the victim, the relationship between the offender and the victim, and whether the offender held a position of trust or authority over the victim. For example, if the victim is under the age of 14 and the offender is 18 or older, the offense is considered statutory rape, which is a form of sexual battery under Mississippi law. It's important to note that touching, groping, or pinching for sexual gratification without consent may also be prosecuted under the state's sexual battery statute or other relevant laws. Penalties for sexual battery can be severe, including imprisonment, fines, and registration as a sex offender.