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 North Dakota, sexual assault is defined under the North Dakota Century Code Section 12.1-20 as any act involving forced sexual intercourse, sodomy, or other sexual penetration without the consent of the other person. Consent is a crucial element, and lack of it can be due to various factors such as the victim being physically or mentally incapacitated. Aggravated sexual assault of a child is considered a more severe crime and involves a victim who is a minor under a certain age, typically under 15 in North Dakota. The state statutes categorize these offenses with varying degrees of severity, with aggravated cases involving children often resulting in more significant penalties, including longer prison sentences and potentially lifetime registration as a sex offender. The exact punishment for sexual assault can vary depending on the specific circumstances of the case, including the age of the victim, the use of force or threats, and the perpetrator's criminal history.