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 generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.
In Arkansas, sexual assault is defined under the Arkansas Code Annotated § 5-14-101 and following sections. The law categorizes sexual assault into four degrees, with first-degree being the most severe. Aggravated sexual assault is not a distinct category in Arkansas law, but the state recognizes circumstances that can elevate the severity of the crime, similar to what is described as 'aggravated' in other jurisdictions. For instance, using a deadly weapon, causing serious physical injury, or engaging in conduct that creates a substantial risk of death to the victim can result in more severe charges and penalties. Additionally, if the victim is incapacitated or is a minor under a certain age, these factors can also lead to enhanced charges. The age of consent in Arkansas is 16, and sexual contact with individuals below this age, with certain exceptions for close-in-age relationships, can be prosecuted as sexual assault. Penalties for sexual assault in Arkansas can range from fines to lengthy prison sentences, depending on the degree of the offense and the specific circumstances involved.