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 Louisiana, sexual assault is legally referred to as sexual battery and is defined under Louisiana Revised Statutes Title 14, Section 43.1. It is considered the intentional engagement in any lewd fondling or touching of either the victim or the offender, by the offender, or by a third party, when the act is without the consent of the victim, or when the victim is prevented from resisting due to factors such as being physically helpless or mentally incapacitated. Aggravated sexual assault of a child is addressed under Louisiana's aggravated crime against nature statute, which includes sexual assault where the victim is under a certain age, typically under 13 years old. This is a more serious offense and carries harsher penalties, including mandatory minimum sentences and the possibility of life imprisonment. The exact age of the child and the circumstances of the offense can lead to different charges and penalties, reflecting the increased severity when the victim is a child.