Sexual battery that involves physical contact with a sexual creation without the other person’s consent but does not entail penetration or sodomy is known as sexual battery or criminal sexual contact. Forced sexual contact with another person without their consent or against their will is known as rape, sexual assault, or illegal sexual penetration.
Sexual contact or touching that does not entail intercourse,sex crimes or sexual intercourse but is unlawful is a less extreme version of this offense, sometimes mentioned to as sexual battery or criminal sexual contact.
1. What is Sexual battery?
The victim of a sexual battery may have been dressed or unclothed at the time of the assault. It is irrelevant what they were wearing or not wearing when determining whether a crime was committed.
According to the law, sexual battery occurs any time a person receives unwanted sexual contact in a tight body area. Restraining a victim may also be referred to as sexual battery in some places.
2. Sexual Abuse
The term “sexual assault” can refer to a wide range of sexual offenses, including rape and unwanted groping. Sexual assault and sexual battery are frequently used interchangeably to refer to similar situations. The main distinction between the two is that sexual battery is a more specific offense.
3. How is sexual assault dealt with?
The phrase “sexual assault” has evolved to serve as a kind of catch-all for both rape ( criminal sexual penetration) and sexual battery (contact).
Sexual assault was used in place of rape in several states that abandoned the term. However, there are degrees of sexual battery charges (like the fourth or fifth degrees) involving sexual battery (contact) in some states.
Depending on whether actions fall within the concept of “sexual assault,” different punishments will be applied. Sexual assault that involves sexual penetration, as previously said, nearly invariably qualifies as a crime, whereas sexual contact might be classified as anything from a misdemeanor to a felony.
The Uniform Crime Report defines forced rape as “the penetration, however little, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the victim’s consent.”
4. What is consent?
Consent is a crucial legal component of any sex crime, regardless of what the offense is called or how it is characterized. Each state has its definition of consent, but generally speaking, consent must be provided voluntarily and in an affirmative manner by a person of legal age to do so. Valid consent requires the fulfillment of all three requirements.
Positive consent obtained through deception, coercion, threats, or force hasn’t been freely provided. A person’s license isn’t voluntarily given, for example, if the perpetrator physically harmed the victim or if a medical expert falsely claimed that a particular type of sexual contact was therapeutic.
5. The Legal History of Sexual Battery
Historically, because of outdated and incorrect definitions, it was challenging to prosecute sexually-related offenses in court properly. For instance, many courts before 2012 held that only women could be raped. Additionally, some judges held that violent oral penetration or forcible penetration with a tangible instrument did not qualify as rape. A person who has been person convicted sexual battery laws in Florida or another state must also enroll in the sex offender registration program, which will have an impact on the rest of their future and their freedom.
The concept of “marriage exemption” has also been abandoned by numerous states recently, which now holds that a spouse can be charged with and convicted of raping or sexually assaulting their partner.
The law had not changed many outdated notions regarding rape before 2012. The nature of rape, sexual battery, and sexual assault is now better recognized.
6. What sentence applies to sexual battery?
The penalty a person receives after being found guilty of sexual battery, sexual abuse, or sexual assault depends on the case’s particulars and the explicit nature of the sexual activity. According to state prison rules based on sexual assault legislation of the criminal justice system, the state prison term can be harsher than any other if the victim voluntarily experiences substantial bodily harm for sexual arousal.
This chart provides a general indication of the maximum penalties allowed in various circumstances. The sentencing guideline scorecard, which will include extra enhancements for sexual penetration, sexual contact, and harm, as well as for a prior record, will determine the actual punishment.
7. Sexual assault by a person in authority
It describes unwelcome sexual contact with a person when the offender is in a position of authority or control. An example of an authorized person is a teacher, coach, nanny, or stepparent.
When the victim was a minor (aged 13 to 17) or mentally or physically incapable at the time of the incident, it is deemed sexual battery by an authority figure.
8. Treatment and Probation
Judges frequently can let a defendant convicted of a sexual assault crime serve part of his sentence on probation, barring a mandatory life term. While on probation, the offender will be under the supervision of a probation officer and be required to follow certain guidelines, including curfews and no contact with other felons.
They will also need to find and keep a job, submit to random drug testing, complete community service, and give up their weapons. If a probation violation occurs, the offender may be obliged to complete the remainder of his sentence in prison or to serve a certain period in jail or prison before his probation is reinstated.
Sex offenders must participate in mandated treatment, which typically entails individual or group counseling, dedicated sex offender programs, and perhaps medication, whether in jail or on probation.
9. Are all Crimes of Sexual Battery Felonies?
Some acts of sexual battery are not felonies. For instance, depending on the specifics, a sexual battery incident might only count as a misdemeanor in California. If found guilty in that state, the offender might still be sentenced to several months in jail and a fine of up to $2,000 for the offense.
Please get in touch with a lawyer or local courts to determine if the sexual battery is a criminal in your state.
Legal Advisory Services
Rape or severe sexual assault is a highly serious offense. Defendants risk receiving a lengthy jail sentence, living out the rest of their lives as felons, losing their ability to vote, serve on juries, apply for certain professional licenses, and possess guns.
Due to the stigma of being a “known sex offender,” registration as one is frequently regarded as the worst outcome.
A defendant must seek qualified legal advice due to the harsh penalties and repercussions that a person charged with aggravated sexual assault may experience. An adept criminal defense lawyer will thoroughly examine your case, make any necessary arguments, stand in for you at trial or, if necessary, work out a plea agreement, and help you navigate the criminal court system.