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 New Hampshire, sexual assault is defined under the state's criminal statutes, specifically in the New Hampshire Revised Statutes Annotated (RSA) under sections 632-A:2 to 632-A:6. The term 'sexual assault' encompasses a range of non-consensual sexual acts, including forced sexual intercourse, sodomy, or other sexual penetration without consent. New Hampshire law recognizes different degrees of sexual assault, with 'aggravated felonious sexual assault' being one of the most serious offenses, involving acts of penetration under certain aggravating circumstances, such as when the victim is under the age of 13 or when the act is accomplished through the use of force or coercion. 'Felonious sexual assault' includes situations where the victim is between 13 and 16 years old and the perpetrator is at least 4 years older than the victim, among other scenarios. Additionally, New Hampshire law also addresses nonconsensual sexual contact, such as touching or groping without consent for sexual gratification, under the category of 'sexual assault,' which can be a misdemeanor or felony depending on the circumstances. It is important for individuals to understand that consent is a key factor in these laws, and lack of consent can result from various situations including the use of force, threat, or when the victim is incapacitated or otherwise unable to consent.