User:Mfnance1229/Aggravated sexual assault

= Aggravated sexual assault = The precise definitions of and punishments for aggravated sexual assault vary from nation to nation and state to state:

In the United States of America, 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."

Related is aggravated rape which in the USA 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]."

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."

Sentencing
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.

Effects
Aggravated sexual assault can lead to short- or long-term effects. Many people who have been sexually assaulted have experienced an effect mentally or physically, which can include physical or emotional trauma. Some mental effects include Post-traumatic Stress, Sexual disorder, and depression. Impacts to the body include bruising, bleeding from the vaginal area, soreness, and/or a dislocated bone.

Post-traumatic stress
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.

Sexual disorder
Children who have been subject to aggravated sexual assault tend to develop a sexual disorder. A person who has felt powerless as a child may be confused over the differences between affection, sex and abuse.

Depression
An individual who has been subjected to aggravated sexual assaulted as a child may experience depression, typically more often and to a greater degree than any other person. Depression is a sense of sadness, and can cause a person to isolate themselves from society, and lose interest in activities they once enjoyed. 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.

Australian law
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:


 * Infliction of an injury on the alleged victim
 * Threat of an injury by the accused by use of a weapon or instrument
 * The accused acting along with another person
 * An alleged victim aged under 16
 * Where the alleged victim is "under the authority" of the accused person
 * An alleged victim having a serious physical disability
 * An alleged victim having a cognitive impairment

British law
British 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."

Connecticut rape laws
Aggravated sexual assault in the first degree is classified as a Class B felony.

A person who commits aggravated sexual assault in the first degree, must contain the following in order to be considered aggravated sexual assault:


 * He/she is armed or uses and threatens by his/her words or conducts that he/she possesses a deadly weapon.
 * When a person intends to impair the victim permanently, or to dismember, or disable an organ of the victim's body, and causes injuries to the victim.
 * The accused engages in conduct that creates risk of death or physical injuries to the victim.
 * He/she is aided by two or more people.

Georgia rape laws
A person who commits sexual battery is convicted with a misdemeanor of high and aggravated nature and under Georgia law, consent is not a defense and can even occur between spouses.

A person who commits Aggravated sexual battery could receive the death penalty, life in prison, or imprisonment for twenty-five years to life followed by a lifetime probation.


 * A person under 16 cannot legally consent to sex, so by definition, it violated the law.
 * When intentional penetration with a foreign object into the sexual organ or anus without consent of that person.

Illinois rape laws
In Illinois, aggravated sexual assault is classified as a Class X felony.

Aggravated sexual assault in Illinois includes the following:


 * Accused or displays, threatened to use, or actually used a deadly weapon in a manner as to cause the victim to cause the victim to believe it to be a dangerous weapon.
 * The suspect caused bodily harm to the victim.
 * The suspect threatened or endangered the life of the victim.
 * The victim was sixty years or older when sexual assault was committed.
 * The victim was handicapped.
 * The suspect was seventeen years old or over and the victim was nine years old or younger when the sexual assault was committed.
 * The suspect committed aggravated sexual assault if he/she commits an act of sexual penetration with a victim who is mentally ill.

Kansas rape laws
In Kansas aggravated sexual assault is a level 2 felony.

Aggravated sexual assault in Kansas includes the following:


 * Sexual intercourse orally and anally with a child under fourteen years old.
 * Coercing a child under fourteen to perform sexual activities with any other person.
 * Forcing or making a person feel fearful, so they engage in sexual intercourse orally and anally.
 * Performing sexual intercourse with a person who is unconscious or injured physically.
 * Performing sexual intercourse with a person who is mentally ill, has a disease, is drunk, and intoxicated with drug.

Louisiana rape laws
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:


 * The accused coerces the victim into sex even if they resist.
 * The accused is much more powerful physically or may threaten the victim verbally and the victim feels like they are unable to resist.
 * The accused is armed with a deadly weapon causing the victim to feel helpless.
 * The accused is aided by two or more people.

New Jersey rape laws
In New Jersey the performance of aggravated sexual assault is a first degree offense.

The offense includes the following:


 * The victim is younger than thirteen but not older than sixteen.
 * The accused is a kin to the victim.
 * The sexual intercourse is committed with one or more people during a robbery, kidnapping, homicide.
 * The accused is armed with a deadly weapon and the victim is threatened.
 * The accused forces the victim to engage in sexual intercourse.
 * The accused uses physical force or the victim is mentally or physically ill.

New York rape laws
Aggravated sexual assault in New York is considered a first degree, Class B felony.

The act must include the following to be considered aggravated sexual assault:


 * The victim is physically forced to engage in sexual intercourse.
 * The victim is physically ill and is unable to give consent.
 * The victim is under thirteen years old.

Texas rape laws
In Texas, sexual assault, or rape is a serious criminal offense that is in violation of state law and is considered a first degree felony.

In order for the case to be elevated to aggravated sexual assault, the following must occur:


 * The defendant causes serious bodily injury or attempted to cause the victim's death.
 * The defendant placed the victim in fear of death, serious bodily injury, or kidnapping to the victim or other person.
 * During the crime, a deadly weapon was used or exhibited.
 * Another individual acted with the defendant in committing the crime.
 * When rohypnol or ketamine, also known as "date rape drugs," are used to make the offense easier to commit.
 * Victim is under 14 years of age.
 * Victim is a disabled or elderly individual.

Court cases
(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.

(Trevis Smith court case) An ex CFL player name Trevis Smith was convicted of Aggravated Sexual Assault. On November 2003. Smith was tested HIV positive, Trevis Smith was accused of having unprotected sex with two women, their identities were not revealed. The woman's 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.

(Bill Cosby Aggravated Sexual Assault Case) Actor Bill Cosby was convicted of three counts of aggravated sexual assault against Andrea Constand. The victim said he drugged and assaulted her in Cosby's Pennsylvania home in 2004 after a meeting about career advice. She told the jury while on the witness stand during the trial, that Cosby gave her three blue pills that he claimed would relax her, but rendered her defenseless while going in and out of consciousness. She then tried to confront Cosby a couple months later, to which he claimed to have no knowledge of what she was talking about. Cosby had five other accusers testify during the trial as well, and it led to over 60 women to come forward with sexual misconduct allegations against Cosby.