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 South Dakota, sexual assault is defined under various degrees of sexual offenses, including rape and sexual contact. Rape is considered when there is forced sexual intercourse or other forms of sexual penetration without consent or against the will of the victim. Aggravated circumstances, such as the use of a deadly weapon, administering a controlled substance to incapacitate the victim, or the victim being a child under a certain age, can elevate the charge to aggravated rape, which carries more severe penalties. South Dakota Codified Laws (SDCL) outline specific statutes that address these offenses, detailing the elements of each crime and the corresponding punishments. The age of consent in South Dakota is 16, and offenses involving minors are treated with particular severity, with additional statutes addressing sexual contact with children and statutory rape. It is important for individuals to consult with an attorney for specific legal advice and to understand the full scope of legal implications in cases of sexual assault in South Dakota.