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 Louisiana (LA), sexual assault is addressed under the state's criminal statutes, specifically within the Louisiana Revised Statutes. The term 'sexual assault' is not used explicitly; instead, the state defines and penalizes various forms of non-consensual sexual activity under different legal terms. For instance, what is commonly referred to as rape in other jurisdictions is defined under Louisiana law as 'sexual battery' or 'aggravated rape,' depending on the circumstances of the offense. Sexual battery typically refers to the intentional touching of the genitals or other intimate parts of a person without consent for the purpose of sexual gratification. Aggravated rape involves forced sexual intercourse without consent and under certain aggravating circumstances, such as when the victim is prevented from resisting due to physical or mental incapacity or when the offender is armed with a dangerous weapon. Louisiana law also recognizes other related offenses such as 'simple rape,' which involves sexual intercourse without consent but without the aggravating factors required for aggravated rape. Penalties for these offenses vary based on the severity of the crime and can include significant prison time, fines, and registration as a sex offender.