What Does It Mean To Be Accused Of Sexual Battery?

What Does It Mean To Be Accused Of Sexual Battery?

Sexual battery is a legal term that is oftentimes not properly understood by people. This is basically a criminal offense with a really broad definition. It is very important to quickly contact a sex crimes defense lawyer if this is the charge brought against you since you will surely need legal guidance.

Sexual Battery Crimes

When talking about sexual battery, we talk about felony sex crimes. As opposed to rape, penetration or sexual intercourse is not needed in order to be charged with sexual battery. Basically, this charge encompasses many more situations that will involve unlawful contact or touching with a sexual purpose. To keep it as simple as possible any unlawful sexual contact is considered to be sexual battery when any of these circumstances apply:

  • Threat of force or force, kidnapping, violence, or extortion.
  • Having a mentally incapacitated victim or making the victim physically helpless, with the defendant’s knowledge.
  • Lack of consent from the victim while the defendant is aware of the lack of consent or should be aware of it.
  • Fraud

By sexual contact, we mean an intentional touching of someone’s intimate parts. This can be over clothing or done in a direct manner, with the purpose of some sort of sexual gratification or arousal. Sexual battery convictions will usually lead the defendant to be listed in a sex offender registry, together with other possible criminal penalties. We are talking about a felony listed as Class E. The prison sentence possible is up to 6 years and there is a maximum fine also in place that varies from one state to the next. When the offense for sexual battery is elevated, much greater penalties will be possible.

Aggravated Sexual Battery

Raleigh NC Sexual Battery Attorney | Dewey Brinkley Law

As expected, these are circumstances that are legally considered to be more egregious. Unlawful sexual contact connected with aggravated sexual battery can involve any of these elements:

  • A minor victim, usually under 13 years old.
  • Coercion or force, with the defendant being assisted by someone else.
  • Coercion or force, with the defendant being armed with some sort of weapon.
  • A physically or mentally incapacitated victim, with the defendant being assisted by someone else.
  • Bodily injury was caused by the defendant to the victim.

With aggravated sexual battery, we are talking about a much more serious Class B felony. The conviction can be a prison sentence of up to 30 years and a much more serious fine. Several other consequences can appear.

Getting A Sex Crimes Attorney

Whenever charged with sexual battery, it is vital that you retain the services of an experienced sex crimes attorney. We are talking about your future and in so many cases, you would end up faced with very serious consequences even when you get out of jail after serving your sentence. Every single help you can get is very important.

Look for highly experienced sex crimes attorneys with a lot of experience in cases just like yours. You need those that have been able to help clients for as long as possible and that can easily prove that they have the knowledge needed to build a strong case.