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 Tennessee, sexual assault, legally referred to as 'sexual battery,' is defined under Tennessee Code Annotated § 39-13-505 as unlawful sexual contact with a victim by force or coercion, without the consent of the victim, or when the victim is physically unable to resist. Aggravated sexual battery, a more severe form of sexual assault, is outlined in § 39-13-504 and includes circumstances where the victim is less than 13 years old or the assault results in bodily injury. Aggravated rape, under § 39-13-502, is the most serious sexual offense and involves forced sexual penetration with a deadly weapon, causing serious bodily injury, or when the victim is particularly vulnerable. The use of a rape drug to incapacitate a victim would also be considered an aggravating factor. Penalties for these crimes are severe and can include extensive prison sentences, with aggravated rape carrying the possibility of life imprisonment. It's important to note that consent is a key factor in these cases, and Tennessee law recognizes that certain individuals, such as minors under a certain age and individuals who are mentally incapacitated, cannot legally give consent.