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 California, sexual assault encompasses a range of non-consensual sexual activities, including rape, which is defined under California Penal Code Section 261 as non-consensual intercourse accomplished by means of threats, force, or fraud, or with a victim who is incapable of giving legal consent. Aggravated sexual assault in California is a more serious form of sexual assault that involves certain aggravating factors, such as the use of a deadly weapon, causing serious bodily injury to the victim, or assaulting certain vulnerable individuals like children or incapacitated persons. Specifically, sexual assault against a child is addressed under different statutes depending on the age of the child and the nature of the act, with increased penalties if the child is under 14 years of age. California law also recognizes the use of 'rape drugs' to incapacitate a victim as an aggravating factor, which can lead to more severe charges and penalties. The state imposes strict penalties for sexual assault, including imprisonment, fines, and mandatory registration as a sex offender.