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 Delaware, sexual assault is addressed under the state's criminal code, specifically in Title 11, which encompasses various degrees of sexual offenses. The term 'sexual assault' in Delaware is often used interchangeably with 'rape,' which is legally defined in several degrees depending on the circumstances of the offense. For instance, Rape in the first degree, as per Delaware law, involves sexual intercourse with another person by force or threat of force and without consent. Delaware law also recognizes sexual offenses that involve nonconsensual sexual contact, which may not necessarily include penetration. Such offenses are categorized under 'unlawful sexual contact' and are also classified into degrees based on the severity of the act and the circumstances surrounding it. The state's statutes outline the definitions, penalties, and specific conditions for these crimes, including considerations for the victim's age, the perpetrator's relationship to the victim, and the use of force or incapacitation. It is important for individuals to consult with an attorney for specific legal advice or to understand how these laws may apply to a particular situation.