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 South Carolina, the criminal offense of sexual assault is addressed under the state's criminal statutes, specifically in the South Carolina Code of Laws. The state defines various degrees of sexual assault, with the most severe being Criminal Sexual Conduct in the First Degree, which involves sexual battery accompanied by aggravated force, during the commission of another felony, or with the victim being incapacitated. Lesser degrees, such as Criminal Sexual Conduct in the Second and Third Degrees, involve other forms of sexual battery without consent and with varying circumstances and levels of coercion or force. Additionally, South Carolina recognizes the offense of Assault with Intent to Commit Criminal Sexual Conduct, which covers attempts to commit sexual battery. The state also has statutes for criminal offenses like sexual battery, which is the legal term used for the act of sexual penetration or contact without consent and can be prosecuted in varying degrees based on the circumstances of the offense. It's important to note that consent is a key factor in these laws, and South Carolina law specifies that certain individuals, such as those who are mentally incapacitated or physically helpless, cannot legally give consent.