In legal terms, what often defines the severity of sexual assault?

The severity of sexual assault is often defined primarily by the use of physical force. This aspect is critical because the application of force can indicate a greater level of aggression and violation against the victim. In many jurisdictions, cases involving physical force are treated more seriously within the legal system, leading to more severe charges and penalties. The act of using force to engage in sexual activity is a key factor that can elevate the severity of the offense, regardless of other considerations such as the relationship between the perpetrator and the victim or their ages.

While the presence of consent is vital in determining whether an act is classified as sexual assault at all, and the age of individuals can impact the legal standing due to statutory rape laws, the aspect of physical force distinctly marks the level of violence and severity of the crime. The nature of the relationship may influence the circumstances of the assault but does not inherently impact the severity compared to the factor of physical force.