Criminal Code - Sexual Assault

It is significant to note the importance of preserving evidence that may assist in proving that the alleged criminal offense occurred or that may be helpful in obtaining a protection order.

Related Definitions

Forcible Compulsion

Use or threatened use, whether express or implied, of physical force, violence, confinement, restraint, physical injury, or death to the threatened person or to another person. Factors to be considered in determining an implied threat include, but are not limited to, the respective ages and sizes of the victim and the accused; the respective mental and physical conditions of the victim and the accused; the atmosphere and physical setting in which the incident was alleged to have taken place; the extent to which the accused may have been in a position of authority, domination, or custodial control over the victim; or whether the victim was under duress. Forcible compulsion does not require proof of resistance by the victim.

Sexual Intercourse

Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.

Sexual Contact

Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party. The term does not require skin to skin contact.

Incapacitated

  • Use or threatened use, whether express or implied, of physical force, violence, confinement, restraint, physical iA person who suffers from a mental or developmental disease or disability which renders the person incapable of appraising the nature of his or her conduct. 
  • A person is temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance and the condition was known or should have been reasonably known to the offender.
  • A person who is unable to give consent or who is unable to communicate an unwillingness to an act because the person is unconscious, asleep, or is otherwise physically limited or unable to communicate.

Sodomy

Any sexual act involving the genitals of one person and the mouth or anus of another person.

Rape

  • A person commits the crime of rape in the first degree if he or she does any of the following:
    • Engages in sexual intercourse with another person by forcible compulsion.
    • Engages in sexual intercourse with another person who is incapable of consent by reason of being incapacitated.
    • Being 16 years old or older, engages in sexual intercourse with another person who is less than 12 years old.
  • Rape in the first degree is a Class A felony
  • A person commits the crime of rape in the second degree if, being 16 years old or older, he or she engages in sexual intercourse with another person who is 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person.
  • Rape in the second degree is a Class B felony.

Sexual Abuse

  • A person commits the crime of sexual abuse in the first degree if he or she does either of the following:
    • Subjects another person to sexual contact by forcible compulsion.
    • Subjects another person to sexual contact who is incapable of consent by reason of being incapacitated.
  • Sexual abuse in the first degree is a Class C felony.
  • (a) A person commits the crime of sexual abuse in the second degree if he or she does either of the following:
    • (1) Subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old.
    • (2) Being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.
  • (b) Sexual abuse in the second degree is a Class A misdemeanor, except as provided in subsection (c), or if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony.
  • (c) If a person violates subdivision (a)(2), and he or she is at least 15 years older than the victim, the offense shall be a Class C felony.

Sexual Torture

  • A person commits the crime of sexual torture if he or she does any of the following:
    • Penetrates the vagina, anus, or mouth of another person with an inanimate object, by forcible compulsion, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
    • Penetrates the vagina, anus, or mouth of a person who is incapable of consent by reason of being incapacitated, with an inanimate object, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
    • Penetrates the vagina, anus, or mouth of a person who is less than 12 years old, with an inanimate object, by a person who is 16 years old or older with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
    • By inflicting physical injury, including, but not limited to, burning, crushing, wounding, mutilating, or assaulting the sex organs or intimate parts of another person, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
  • The crime of sexual torture is a Class A felony.

Lack of Consent

  • Unless otherwise stated, an element of every offense defined in this article is that the sexual act was committed without the consent of the victim.
  • Lack of consent results from either of the following:
    • Forcible compulsion.
    • Being incapable of consent.
  • A person is deemed incapable of consent if he or she is either:
    • Less than 16 years old.
    • Incapacitated.
  • Consent to engage in sexual intercourse, sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence of a current or previous marital, dating, social, or sexual relationship with the defendant is not sufficient to constitute consent. Evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device or sexually transmitted disease protection, without additional evidence of consent, is not sufficient to constitute consent.

Sodomy

  • A person commits the crime of sodomy in the first degree if he or she does any of the following:
    • Engages in sodomy with another person by forcible compulsion.
    • Engages in sodomy with another person who is incapable of consent by reason of being incapacitated.
    • Being 16 years old or older, engages in sodomy with a person who is less than 12 years old.
  • Sodomy in the first degree is a Class A felony.
  • A person commits the crime of sodomy in the second degree if, being 16 years old or older, he or she engages in sodomy with another person 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person.
  • Sodomy in the second degree is a Class B felony.

Sexual Misconduct

  • A person commits the crime of sexual misconduct if he or she does any of the following:
    • Engages in sexual intercourse with another person without his or her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with consent where consent was obtained by the use of any fraud or artifice.
    • Engages in sodomy with another person, without his or her consent or with consent where consent was obtained by the use of fraud or artifice.
    • Engages in sexual contact with another person without his or her consent or with consent where consent was obtained by the use of fraud or artifice.
  • Sexual misconduct is a Class A misdemeanor.

Sexual Abuse of a Child Less Than 12 Years Old

  • A person commits the crime of abuse of a child less than 12 years old if he or she, being 16 years old or older, subjects another person who is less than 12 years old to sexual contact.
  • Sexual abuse of a child less than 12 years old is a Class B felony.