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 Vermont, the criminal offense of sexual assault is defined under Vermont Statutes Annotated (V.S.A.), specifically within Title 13, which pertains to crimes and criminal procedure. Sexual assault in Vermont generally involves any act of sexual penetration, however slight, accomplished without consent or with a person who is incapable of giving consent due to age, mental disability or condition, or physical helplessness. Vermont law recognizes various degrees of sexual assault, with the severity of the charge often depending on factors such as the use of force or the victim's age and capacity to consent. Nonconsensual sexual contact that does not involve penetration may be charged under different statutes, such as lewd and lascivious conduct. Vermont's laws also address circumstances that constitute aggravated sexual assault, which carries harsher penalties. It is important for individuals to understand that consent must be given freely and actively, and the absence of a 'no' does not imply a 'yes.' The state's approach to these offenses reflects a broader trend to ensure that all forms of nonconsensual sexual acts are appropriately criminalized and penalized.