There are three levels of assault:
1) Simple Assault occurs when an individual
- Applies intentional force to another person without the other person’s consent
- Attempting or threatening, by an act or gesture to apply force
- Approaching or blocking the way of another person while openly wearing or carrying a weapon or an imitation of a weapon.
2) When committing an assault, if the individual
carries, uses, or threatens to use a weapon, or causes bodily harm the individual is guilty of assault causing bodily harm.
3) Aggravated assault is committed when a person
wounds, maims, disfigures, or endangers the life of the victim. Here there is intent to commit bodily harm.
There are three levels of sexual assault.
1) Simple Sexual Assault involves forcing an
individual to take part in any form of sexual
activity without explicit consent.
2) Sexual Assault with a Weapon includes the use
or threat of the use of a weapon or injury to a
3) Aggravated Sexual Assault has occurred when
the victim is seriously wounded, maimed, brutally beaten, or in danger of dying as a result of a sexual assault.
- If the victim does not consent it is sexual assault; therefore, no intent has to be proven.
- Notice there is no intent needed if the victim does not consent it is sexual assault.
- Self-induced intoxication is not an excuse nor a defense.
- Being married is not an excuse either.
- The victim’s sexual history is irrelevant.
- Children under the age of 14 cannot consent
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