The precise definitions of and punishments for aggravated sexual assault and aggravated rape vary by country and by legislature within a country.
Aggravated sexual assault can lead to short- or long-term effects. Many people who have been sexually assaulted have experienced a continuing effect, of mental or physical nature, or both; such effects may include trauma to the body, emotional trauma, or again, both. Some mental effects include post-traumatic stress, sexual disorders, and depression. Effects to the body include bruising, bleeding from the vaginal area, soreness, and/or a dislocated bone. [1]
When people are abused they tend to push aside the memories of the event. The victim may begin to relive the event and experience anxiety. After a person experiences aggravated sexual assault they experience a sense of fear and helplessness. It may also lead to the victim being impaired in a social environment. [2]
Children who have been subject to aggravated sexual assault tend to develop a mental and sexual disorder. A person who has felt powerless as a child may be confused over the differences between affection, sex and abuse. [2]
An individual who has been subjected to aggravated sexual assault as a child may experience depression, typically more often and to a greater degree than any other person. [2] Depression is a sense of sadness, and can cause a person to isolate themselves from society, and lose interest in activities they once enjoyed. [1] Symptoms of depression include feeling worthless, hopeless, a change in eating habits, irrational anger or anxiety. Depression can also lead to suicide or thoughts on suicide. [3]
Every jurisdiction in Australia has its own legislation for sexual offences, and sexual assault for children is separately defined. There is variation in the terminology and definitions used to describe sexual offences between states and territories; for example, different states and territories define rape, sexual assault, and sexual penetration or intercourse without consent in different ways. It is extremely difficult to obtain a conviction for sexual assault; approximately 85% of sexual assaults never come to the attention of the criminal justice system, and of those offences that are reported, only a small proportion proceed to trial, with an even smaller percentage of these cases resulting in a successful conviction. [4]
In the state of Queensland, the offence of Aggravated Sexual Assault is more serious than that of Sexual Assault, and the sentence may be life imprisonment in the most serious cases. All sexual assault offences are defined by section 352 of the Criminal Code Act 1999 (Qld). There are a number of circumstances that "aggravate" a charge of sexual assault. This includes, amongst others, where there are any of the following elements to the allegation: [5]
English and Welsh criminal law does not specify a crime of "aggravated sexual assault" but the CPS states: "There may be the presence of aggravating features that make the offence significantly more serious, such as, abuse of position, use of drugs or other substances, use of violence/coercion, use of a weapon in the offence, repeated offending etc." [6]
Aggravated sexual assault has a statutory definition in Irish law, as set out in Section 3 of the Criminal Law (Rape) (Amendment) Act 1900-
"3.—(1) In this Act "aggravated sexual assault" means a sexual assault that involves serious violence or the threat of serious violence or is such as to cause injury, humiliation or degradation of a grave nature to the person assaulted.
(2) A person guilty of aggravated sexual assault shall be liable on conviction on indictment to imprisonment for life.
(3) Aggravated sexual assault shall be a felony."
– irishstatutebook.ie [7]
In the United States, it is a felony sexual offense governed by laws that vary from state to state. Typically, it is "a sexual assault that maims, wounds, or disfigures the victim, or involves a victim who is physically or mentally incapacitated." It may also "include a sexual assault that is aided or abetted by another person, occurs during commission of another crime, or involves use of a deadly weapon. Local laws should be consulted for specific requirements and applicable penalties." [8]
Related is aggravated rape, which in the United States is "an offense of rape that is committed under circumstances which render the offense more heinous... An aggravated rape is different from a forcible rape." The severity can be affected by the age of the victim, a blood relationship between the accused and the victim, the offender being armed with a weapon, and more than one offender raping the victim. "Rape which occurs during commission of specified crimes, such as assault and battery by means of dangerous weapon, constitutes aggravated rape, punishable by harsher penalties than simple rape. [Commonwealth v. Williams (1987) 23 Mass App 716, 505 NE2d 233, 1987 Mass App LEXIS 1786]." [8] It can also be defined as "oral, vaginal, or anal opening of a person's orifices without consent or will. The offender uses force, fear, or violence. The perpetrator uses a person's physical injuries as a way to rape the individual, uses death or kidnapping, uses a deadly weapon, or is aided by one or more people." [9]
A person who commits aggravated sexual assault in the first degree, must contain the following in order to be considered aggravated sexual assault:
Aggravated sexual assault in the first degree is classified as a Class B felony. [9]
(Connecticut Penal Code 53a-70)
A person who commits sexual battery is convicted with a misdemeanor of high and aggravated nature.
A person who commits Aggravated sexual battery receives a punishment of imprisonment for twenty-five years to life.
(Georgia Code §16-6-22.1 & §16-6-22.2)
Aggravated sexual assault in Illinois includes the following:
-The suspect committed aggravated sexual assault if he/she commits an act of sexual penetration with a victim who is mentally ill.
("aggravated sexual assault is classified as a Class X felony")-Illinois code 5/15-14. [9]
Aggravated sexual assault in Kansas includes the following:
In Kansas aggravated sexual assault is a level 2 felony. [9]
If a person commits aggravated sexual assault in Louisiana they shall serve a lifetime sentence in prison. Aggravated sexual assault in Louisiana includes the following:
In New Jersey the performance of aggravated sexual assault is a first degree offense. The offense includes the following;
Aggravated sexual assault in New York is considered a first degree felony and is classified as a Class B felony.[ citation needed ]
The act must include the following to be considered aggravated sexual assault:
In the United States, a defendant convicted of aggravated sexual assault is generally sentenced to time in jail. How much time the defendant receives is determined by a judge who considers the severity and quantity of the assault or assaults. [10]
R v Cuerrier was a Supreme Court of Canada in 1998, ruled that intentionally exposing a sexual partner to HIV, without letting them know is considered aggravated sexual assault. Currier was aware of being HIV positive and how the diseases can be transmitted, but did not want to reveal that he is HIV positive because he lived in a small community. He began to have a relationship with a woman in which they frequently engaged in sexual activities. Weeks within their relationship, the woman began to question about sexual transmitted diseases, Curreier told her that he took a test a few months ago and was tested HIV negative and did not mentions his current HIV status. During the same time, Currier begin to have another sexual relationship with a woman and when she asked about Sexual Transmitted Diseases he did not mention that he was infected. She then discovered that Currier had HIV and ended the relationship. He then was charged with two counts of aggravated sexual assault. That is then when the Supreme Court determined that if a person with HIV does not disclose that they are infected it is considered aggravated sexual assault. [11]
(Trevis Smith court case) An ex CFL player name Trevis Smith was convicted of Aggravated Sexual Assault. In November 2003. Smith was tested HIV positive, Trevis Smith was accused of having unprotected sex with two women, their identities were not revealed. The womans claim that in the beginning of the relationship Smith did use condoms but then stopped. Smith did not disclose the information with any of the woman. Therefore, he was convicted of two counts of aggravated sexual assault. [12]
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.
Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
Sexual assault is an act of sexual abuse in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape, drug facilitated sexual assault, and the torture of the person in a sexual manner.
Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact.
Some victims of rape or other sexual violence incidents are male. Historically, rape was thought to be, and defined as, a crime committed solely against females. This belief is still held in some parts of the world, but rape of males is now commonly criminalized and has been subject to more discussion than in the past.
In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done.
The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.
The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
The Crimes Act1900 (NSW) is an Act of the Parliament of New South Wales that defines an extensive list of offences and sets out punishments for the majority of criminal offences in New South Wales (NSW), Australia. The Act, alongside the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth), form the almost complete basis of criminal law for the State. It is the primary criminal law statute of NSW, and which formed the basis for the Australian Capital Territory's Crimes Act1900 (ACT).
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes. In statutory rape, overt force or threat is usually not present. Statutory rape laws presume coercion because a minor or mentally disabled adult is legally incapable of giving consent to the act.
In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.
Terms such as menacing, brandishment or brandishing refer to criminal offenses in many U.S. states which are generally defined as displaying a weapon with the intent of placing another person in fear of imminent physical injury or death.
The term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.
— 18 U.S.C. § 924(c)(4).
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution. Generally there are two systems of criminal law to which a person maybe subject; the most frequent is state criminal law, and the other is federal law.
Marital rape is illegal in all 50 US states, though the details of the offence vary by state.
Sexual violence means that someone forces or manipulates someone else into unwanted sexual activity without their consent. Such violence can take place in both heterosexual and homosexual relationships, as well as outside intimate relationships. All sexual offenses violate the basic right of sexual self-determination. In Finland, sexual violence and taking advantage of a person is always a crime, even if the assaulter was the victim's spouse, relative or their friend. Sexual offences include but are not limited to rape, forcing someone into a sexual act and taking sexual advantage of a person. The victims of sexual violence are predominantly women, but 26 percent of Finnish men have experienced sexual harassment since their 15th birthday.
Rape in Alabama is currently defined across three sections of its Criminal Code: Definitions, Rape in the First Degree, and Rape in the Second Degree. Each section addresses components of the crime such as age, sentencing, the genders of the individuals involved, and the acts involved.
Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:
Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.
Murder in New York law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New York. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city.