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 Kentucky, sexual assault is legally referred to as 'rape' or 'sodomy' and is defined under Kentucky Revised Statutes (KRS) Chapter 510. Rape is categorized into degrees, with first-degree rape involving sexual intercourse with a victim incapable of consent because of physical or mental incapacitation, or when the victim is under a certain age, typically under 16. Sodomy follows similar categorizations. Aggravated circumstances, such as the use of a deadly weapon, causing serious physical injury, or victim incapacitation through drugs, can elevate the charge to an aggravated offense, resulting in more severe penalties. The presence of aggravating factors can lead to charges of first-degree rape or sodomy, which are Class B felonies, and can result in a sentence of 10 to 20 years in prison. When the victim is under 12 years old, the offense is considered a capital offense, potentially leading to life imprisonment. It's important to note that consent is a key factor in these cases, and Kentucky law specifies that consent cannot be given by individuals who are mentally incapacitated or physically helpless.