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 Kansas, sexual assault is legally referred to as 'rape' or 'aggravated criminal sodomy,' depending on the nature of the act. Rape is defined under Kansas Statutes Annotated (K.S.A.) 21-5503 as knowingly engaging in sexual intercourse with a victim who does not consent or is incapable of giving consent. Aggravated criminal sodomy, under K.S.A. 21-5504, includes similar circumstances involving sodomy. Aggravated circumstances that can elevate the severity of these offenses, as outlined in K.S.A. 21-5506 and 21-5504 respectively, include the use of force or fear, the presence of a deadly weapon, the involvement of a victim who is incapable of giving consent due to mental deficiency or disease, or the use of a drug to facilitate the crime. Additionally, when the victim is under the age of 14, the offense is considered more severe and is classified as 'aggravated.' The state of Kansas imposes stringent penalties for these crimes, which can include significant prison time, with the possibility of life imprisonment for certain aggravated sexual assault convictions.