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 Pennsylvania, sexual assault is defined under Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes. The offense of sexual assault involves engaging in involuntary deviate sexual intercourse with a complainant without their consent, or where the complainant is incapable of giving consent due to mental disability, intoxication, or other factors. This is a felony of the second degree. Additionally, Pennsylvania law recognizes the crime of rape, which is a more severe offense involving forced sexual intercourse and is classified as a felony of the first degree. The state also defines other related offenses such as aggravated indecent assault and indecent assault, which involve nonconsensual touching or indecent contact with another person for sexual gratification. These offenses vary in severity and can range from misdemeanors to felonies, depending on the circumstances and the presence of aggravating factors such as the use of force or the victim's age.