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 Rhode Island, sexual assault is defined under the state's criminal statutes, specifically in Title 11 (Criminal Offenses), Chapter 37 (Sexual Assault). Rhode Island law recognizes several degrees of sexual assault, which can range from first-degree sexual assault involving forced sexual intercourse, sodomy, or sexual penetration without consent, to other degrees that may involve different forms of nonconsensual sexual contact. First-degree sexual assault is considered a felony and is punishable by severe penalties, including imprisonment. The state also recognizes other related offenses such as sexual battery and forcible touching under different statutes. Consent is a critical element in these cases, and lack of consent is what typically differentiates lawful sexual activity from criminal sexual assault. It is important to note that the specific circumstances of each case can affect the charges and penalties, and the definitions and nuances of these laws can be complex.