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 Delaware, sexual assault is defined under the Delaware Code Title 11, Criminal Code, which includes various degrees of rape and unlawful sexual conduct. Rape in the first degree, for example, involves sexual intercourse with another person without their consent and with the use of force or threat of force, and it is classified as a Class A felony. Aggravated circumstances, such as the use of a deadly weapon, incapacitating the victim with drugs, or the victim being under a certain age, can elevate the severity of the offense. Delaware law specifically considers it first-degree rape if the victim is less than 12 years old, regardless of the perpetrator's age, and this is also a Class A felony. The state imposes severe penalties for sexual assault, which can include lengthy prison sentences, fines, and mandatory registration as a sex offender. The exact punishment varies based on the degree of the offense and the presence of aggravating factors.