The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.
Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.
Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Alaska, sexual assault is defined under the state's penal code and includes a range of nonconsensual sexual activities. Alaska Statutes Title 11. Chapter 41 governs offenses against the person, including sexual assault. The law distinguishes between different degrees of sexual assault. First-degree sexual assault involves nonconsensual sexual penetration and is considered a Class A felony. Second-degree sexual assault includes nonconsensual contact with the genitalia, anus, or female breast and is classified as a Class B felony. The state also recognizes the offense of sexual abuse of a minor for cases involving children. Alaska's laws do not use the term 'rape' but instead categorize these crimes under the umbrella of sexual assault. The state also has statutes addressing sexual battery and forcible touching, which are considered separate offenses and are prosecuted accordingly. Consent is a critical element in these cases, and lack of consent is what typically distinguishes a legal sexual act from an assaultive offense.