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 Nebraska, sexual assault is defined under various degrees in the Nebraska Revised Statutes. First-degree sexual assault involves sexual penetration without consent and can be classified as a Class II felony, with harsher penalties if the victim is under 16 years old. Aggravated sexual assault of a child is a separate and more severe offense, which occurs when the victim is under 12 years of age and the perpetrator is 19 years or older, or when the perpetrator is in a position of trust or authority over the child. This is classified as a Class IB felony, which carries a mandatory minimum sentence. The law recognizes the lack of consent and the age of the victim as critical factors in determining the severity of the offense. The statutes also provide for enhanced penalties for repeat offenders or when the assault results in serious bodily injury or if a weapon is used.