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 New Jersey, sexual assault is defined under N.J.S.A. 2C:14-2 and is considered a serious crime. It typically involves an act of sexual penetration without the consent of the victim. Aggravated sexual assault, a more severe form of sexual assault, is also outlined in this statute and includes circumstances that increase the gravity of the offense. These aggravating factors can include the use of a deadly weapon, the administration of a drug or other substance to incapacitate the victim, or if the victim is particularly vulnerable, such as being a child below a certain age or having a mental disorder. The age of the child that typically elevates the crime to aggravated sexual assault is under 13, or if the victim is between 13 and 16 and the perpetrator holds a position of authority or is related to the victim. The penalties for aggravated sexual assault are more severe than for sexual assault and can include a lengthy prison sentence and registration as a sex offender under Megan's Law.