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 Oregon, the criminal offense of sexual assault encompasses various forms of nonconsensual sexual acts, including rape, sodomy, and unlawful sexual penetration. Oregon law defines rape as sexual intercourse with another person without their consent, which can occur through force, threat of force, or when the victim is incapable of consent due to mental incapacitation or physical helplessness. Similarly, sodomy and unlawful sexual penetration are defined as performing a sexual act on another person without consent and under similar conditions as rape. Oregon does not use the term 'sexual battery,' but nonconsensual sexual contact that may not involve penetration can be prosecuted under different statutes such as sexual abuse. These offenses are classified with varying degrees of severity, with first-degree crimes being the most serious. The specific statutes detailing sexual assault offenses in Oregon can be found in the Oregon Revised Statutes (ORS), particularly in the sections dealing with sexual offenses.