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 West Virginia, sexual assault is defined under the state's criminal statutes, specifically in the West Virginia Code, Chapter 61, Article 8B. The law recognizes different degrees of sexual assault, with first-degree sexual assault involving sexual intercourse or sexual intrusion with another person by force, threat of force, or when the victim is mentally incapacitated or physically helpless. Second-degree sexual assault covers sexual intercourse or sexual intrusion when the victim is mentally defective or incapacitated, or when the perpetrator stands in a position of trust with respect to the victim. West Virginia law also defines sexual abuse, which includes unwanted sexual contact (including touching, groping, or pinching) without consent and for sexual gratification, as a separate offense. The severity of the charges and the penalties upon conviction vary based on the degree of the offense and the specific circumstances of the case.