Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.

In Kentucky, sexual assault is legally referred to as 'rape' or 'sodomy' and is defined under Kentucky Revised Statutes (KRS) Chapter 510. Rape is categorized into degrees, with first-degree rape involving sexual intercourse with a victim incapable of consent due to factors such as mental incapacity or physical helplessness, or when force or threat is used, and the victim is under 12 years of age (KRS 510.040). Sodomy follows similar categorizations, with first-degree sodomy involving deviate sexual intercourse under similar circumstances as first-degree rape (KRS 510.070). Aggravated circumstances, such as the victim being a child, significantly increase the severity of the crime. The age of the child victim is a crucial factor in determining the specific charge and potential punishment. For instance, if the victim is under 12 years old, the offense is automatically considered first-degree, which is a Class B felony, and carries a sentence of 10 to 20 years in prison. Kentucky law also recognizes the offense of sexual abuse, which can include any sexual contact with a minor under certain conditions, and this is addressed in KRS 510.110 and subsequent sections. The statutes provide a comprehensive framework for the prosecution of sexual offenses against children, with the aim of ensuring the protection of minors and the imposition of severe penalties for offenders.