Legal Definitions - aggravated sodomy

Aggravated sodomy refers to a particularly severe form of sexual assault involving specific non-consensual sexual acts, often defined as anal or oral sex, which is made more serious by the presence of additional harmful circumstances. These circumstances, known as "aggravating factors," elevate the crime's severity and typically include the use of force, threats, a weapon, causing serious bodily injury, or the victim being especially vulnerable (for example, a minor, someone incapacitated, or kidnapped). This term highlights the non-consensual nature of the act combined with factors that make the offense exceptionally heinous.

• Example 1: A person breaks into a home, holds the occupant at knifepoint, and forces them to engage in a non-consensual sexual act.

  Explanation: This scenario illustrates aggravated sodomy because the non-consensual sexual act is compounded by the use of a weapon (the knife) and the threat of deadly force, which are significant aggravating factors that increase the severity of the crime.

• Example 2: During a violent assault, an attacker inflicts severe physical harm, such as broken bones or internal injuries, upon a victim before or during a non-consensual sexual act.

  Explanation: Here, the non-consensual sexual act is considered aggravated sodomy because the perpetrator caused serious bodily injury to the victim. The infliction of such harm is an aggravating factor that elevates the crime beyond a basic sexual assault.

• Example 3: An individual is abducted and held captive in an isolated location, and while in captivity, the perpetrator forces them to perform a non-consensual sexual act.

  Explanation: The act in this situation is considered aggravated sodomy because the victim's vulnerability due to kidnapping and unlawful confinement serves as a significant aggravating factor. The perpetrator's control over the victim's freedom makes the non-consensual sexual act far more serious.