Sexual Battery Laws

The definition of sexual battery depends on the state in which the alleged sexual battery occurred.  In some states, a sexual battery is the touching of another person’s genitals that is unwanted, done to a person under a specific age or to a person who is mentally retarded.  In other states, a person has committed a sexual battery if he or she engages in sexual penetration that is unwanted or done to a person defined in a state statute such as a child.

Sexual Battery Penalties

The potential penalties for sexual battery depend on whether the alleged sexual battery is considered a misdemeanor or a felony.  The potential penalties include:

• Serving jail time;
• Probation which may include community service work and attendance in a rehabilitative program;
• Fines; and
• Registering as a Sex Offender.

Sexual Battery Sentencing

Judges may consider the age of the victim, the mental state of the victim at the time of the incident, the batterer’s criminal history and the relationship between the defendant and the victim.  Many states allow judges to issue harsher sentences if there was a relationship of trust between the victim and the defendant such as a teacher student or clergy member congregant relationship.

Can a Lawyer Help with a Sexual Battery Defense?

A lawyer can not only help you with a sexual battery defense but a lawyer is, in fact, essential to your defense.  Sexual battery is a serious crime with serious potential penalties.  For example, if you have to register as a sex offender it might limit where you can live and work in the future.

A criminal defense attorney can help you present the best possible defense and can negotiate with the prosecution on your behalf.  It is difficult to undo the effects of a sexual battery conviction. Therefore, it is important to get legal assistance as soon as you learn of the charges against you.

• If you need help with a Sexual Battery or Assault charge, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.

State Laws on Sexual Battery