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 Oregon, sexual assault is defined under various statutes that address non-consensual sexual acts. Forced sexual intercourse, sodomy, or other sexual penetration without consent are considered serious crimes and can be prosecuted under different degrees of sexual abuse or rape charges. Specifically, Oregon law defines Rape in the first degree, among other criteria, as sexual intercourse with another person who is incapable of consent by reason of being under the statutory age, which is under 18 years old. Aggravated sexual assault of a child is not a distinct category in Oregon law, but the age of the victim and the nature of the offense can lead to more severe charges such as Rape in the first degree, which is a Class A felony. The presence of a child victim under a certain age, typically under 12 or 14, can result in enhanced penalties and mandatory minimum sentences under Oregon's Measure 11, which requires mandatory minimum sentencing for certain serious crimes, including those of a sexual nature involving children.