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 Massachusetts, sexual assault is legally referred to as 'rape,' which is defined under Massachusetts General Laws Chapter 265, Section 22 as engaging in sexual intercourse or other forms of sexual penetration with another person forcibly and against their will, or with a person who is unable to consent due to incapacitation. The law recognizes aggravated circumstances, which can include the use of force or threat, causing serious bodily injury, or committing the act against a child under a certain age, among other factors. Specifically, the crime of aggravated rape of a child is addressed under Chapter 265, Section 22A, which considers the offense more severe if the victim is under 16 years of age. This statute increases the penalties for offenders, including longer prison sentences and, in some cases, mandatory minimum sentences. It is important to note that consent is a critical element in these cases, and Massachusetts law recognizes that certain individuals, such as minors or those incapacitated, cannot legally give consent.