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 South Carolina, sexual assault is addressed under the state's criminal sexual conduct statutes. The law defines various degrees of criminal sexual conduct, with the first degree being the most severe. This includes sexual battery (which can be understood as sexual intercourse, sodomy, or other sexual penetration) accomplished by force, coercion, or when the victim is incapacitated and unable to give consent. Aggravated sexual assault of a child is a distinct and particularly serious offense, which involves a victim who is a minor. The age of the child can significantly increase the severity of the crime and the associated penalties. South Carolina law recognizes that sexual battery against a child under the age of 16 is a felony, with the potential for life imprisonment depending on the circumstances and the age difference between the victim and the perpetrator. The exact definitions and punishments can be found in the South Carolina Code of Laws, particularly in Title 16 - Crimes and Offenses, Chapter 3 - Offenses Against the Person.