What is Aggravated Sexual Assault?
Aggravated sexual assault is a Class C felony sexual assault charge
resulting in bodily harm, disfigurement, and/or maiming. The act of
aggravated sexual assault is considered any form of penetration both
vaginally, anally, or orally by force and use of deadly weapons.
This includes penetration by fingers, hands, penis, and/or other
objects. The name for this charge varies among states. For instance, in
the state of New Jersey, this charge is referred to aggravated sexual
assault.
Acts Considered Aggravated Sexual
Assault
(1) Sexual assault involving the elderly or incapacitated individuals
due to mental or physical disability or illness.
(2) Sexual assault where aggresser is aided by an accomplice.
(3) Sexual assault by way of use of deadly weapons or threats to
inflict bodily harm or kill victim in which a deadly weapon is used.
(4) Unwanted and/or forced sexual penetration performed by an actor
before, during, or after film production or on stage of nude scenes.
(5) Sexual assault of any individual who is age 13 or under.
(6) Sexual assault by: a blood relative, foster parent, legal guardian,
teacher, or any one with authority over a child.
(7) Sexual assault performed after drugging victim with Rohypnol, GHB,
Ketamine, or any other date rape drug intended to render victim
helpless and unconscious.
Penalties and Punishments
(1) Aggravated Sexual Assault: Sentence of 20 years.
(2) Aggravated Sexual Assault with accomplice: Life sentence.
(3) Aggravated Sexual Assault of minor 10 to 14 years of age: Sentence
of 20 years.
(4) Aggravated Sexual Assault of minor 14 to 15 years of age: Sentence
of 12 years.
(5) Incest: Sentence of 8 years
(6) Unsuccessful attempt of Incest: Sentence of 2 years
(7) Aggravated Sexual Assault resulting in sexual servitude: Sentence
of 19 years.
(8) Aggravated Sexual Assault with aid of date rape drugs: Sentence of
20 years.
(9) All persons convicted of these or any other sex crimes are required
by state and federal law to register with the state and national sex
offenders registry.
Difference Between Aggravated and
Sexual Assault
Sexual assault is the act of rape or attempted rape. This also includes
touching, fondling, or any sexual act that is not consentual or
involves a minor. As these are all considered violent crimes they are
not considered aggravated. Aggravated sexual assault is a far more
violent form of sexual assault.
Aggravated sexual assault differs from sexual assault in that the
victim is threatened with weapons or by an accomplice to the crime. The
victim's injuries are far more violent in nature, as they result in:
disfigurement, loss of limbs, loss of sight or hearing, infertility due
to scarring or damage, and even loss of life.
The use of date rape drugs in a sexual assault case increases the
assault to aggravated as it is considered not only premeditated but
also a carefully planned out criminal offense. Use of these date rape
narcotics not only render the victim unconscious but have also caused
victims to suffer loss of memory.
Note: The penalties and punishments are averages - every state has its
own guidelines for punishments and penalties.