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 Nebraska, sexual assault is defined under various degrees of severity, with laws specifically addressing forced sexual intercourse, sodomy, or other sexual penetration without consent. Aggravated circumstances, such as the use of a deadly weapon, the administration of a drug to incapacitate the victim, or the victim being a child under a certain age, can elevate the charge to a more serious offense. Nebraska Revised Statute 28-319 defines first-degree sexual assault and includes situations where the perpetrator subjects another person to sexual penetration without consent and either overcomes the victim by force, threat of force, or when the victim is incapacitated. Aggravated sexual assault, particularly involving a minor, is addressed under Nebraska Revised Statute 28-319.01, which considers it first-degree sexual assault of a child when the victim is under 12 years of age. The penalties for sexual assault offenses in Nebraska are severe and can include lengthy prison sentences, with enhanced penalties for aggravated circumstances. It is important for individuals facing such charges to consult with an attorney who is knowledgeable in Nebraska's criminal laws to understand the specific charges and potential defenses.