Aggravated Sexual Battery

Every state has a different statutory provision which describes what aggravated sexual abuse battery is.  However, most states will include a definition which describes conduct which falls just short of constituting rape.

Laws on Aggravated Sexual Abuse Battery

Aggravated sexual abuse battery offenses are defined by each state’s penal code; therefore, every definition of what constitutes aggravated sexual abuse battery varies by each jurisdiction.  Generally, aggravated sexual battery involves the intentional touching of another individual or the penetration of another person without their consent, with the intention of the actor to arouse or satisfy a sexual desire under any of the following situations:

• the actor uses force
• the actor uses fear
• the victim is unconscious
• the victim is unable to consent
• the victim is under the influence of narcotics or alcoholic beverages and this is known to the actor

Criminal Penalties for Aggravated Sexual Abuse Battery Offenses

Usually, an aggravated sexual abuse battery offense conviction will constitute a felony.  A felony crime is generally one which involves imprisonment of one year or more.  In addition, one may have to pay a fine which ranges from $1000.00 to $10,000.00 per offense.

Pressing Charges 

If one seeks to file criminal charges against the perpetrator of an aggravated sexual abuse battery offense, one must file a formal report at the local police department, which will then work with the local district attorney in investigating the matter.  If the matter is pursued, formal charges are then made and an arrest will ensue for the sexual abuse battery.  Next, the case will proceed.  Evidence will be collected, in the form of physical evidence, such as photographs of the victim (of bruises, marks on the body, etc.), completed rape kits, witness testimony and any other supporting documentation.  The case may be plea bargained, where the perpetrator will receive a reduced sentence in exchange for pleading guilty to the charge of aggravated sexual abuse battery, or the case will proceed to a jury who will decide the case.

Defense for the Accused

In a criminal case, the accused individual or “defendant,” can either retain a private attorney, or have an attorney appointed to represent them at no charge by the State.  The defendant can present a defense to the aggravated sexual battery charge.  This defense varies depending upon the specific circumstances of the case and the reasons why the defendant believes he or she is not guilty of the sexual abuse charge.  For example, a defendant could claim he or she made a mistake and thought the victim was consenting, or that he or she was mentally incapable of committing the crime.

How a Lawyer Can Help

If one is a victim of an aggravated sexual battery, one may seek to consult with an experience criminal attorney.  An experienced attorney can help to evaluate the case and advise one as to what options one may have in the matter.  Moreover, an experienced attorney will likely have relationships in the local criminal system, which can help to achieve the result you are seeking.  In addition, if the matter goes to a trial, an experienced aggravated sexual abuse/sexual battery attorney can help to improve one’s experience as a witness which can help in the presentation of the case before a jury. Finally, if one seeks to file a private lawsuit, an attorney can help to obtain an optimal settlement on one’s behalf if one elects to enter into settlement negotiations in the matter.