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 Utah, the criminal offense of sexual assault is addressed under the state's penal code, specifically in the Utah Criminal Code, Title 76, Chapter 5, Part 4. Sexual assault in Utah is often referred to as 'rape' when it involves nonconsensual sexual intercourse. The law defines rape as the sexual intercourse with another person without their consent. This includes circumstances where the victim expresses lack of consent through words or conduct, or where consent cannot be given (e.g., due to the individual being unconscious, physically unable to communicate, or mentally incapacitated). Additionally, Utah law recognizes 'object rape,' 'forcible sodomy,' 'sexual abuse,' and 'aggravated sexual assault' as related offenses, which also involve nonconsensual sexual acts. The state distinguishes between these offenses based on the nature of the act, the level of force or threat involved, and the age of the victim. For nonconsensual sexual contact that does not involve penetration, such as groping or fondling, Utah law defines this as 'forcible sexual abuse.' These crimes are serious felonies in Utah and carry severe penalties, including the possibility of life imprisonment for certain aggravated offenses.