Alabama Sexual Battery Laws

Sexual Battery refers to sex crimes that are not covered by rape statutes, such as sexual abuse or sexual misconduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person and achieved with the threat of or usage of force. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. One key element is that penetration does not have to occur, unlike a rape charge. Sexual Battery laws also include situations where an individual seemingly gives consent for sex, but does not have the proper capacity to consent(mental issues, drug/alcohol intoxication, or statutory age issues).

Penalties for Sexual Battery in Alabama

The penalties for sexual battery in Alabama depend on the charges issued.

• Sexual misconduct is a misdemeanor with a maximum penalty is 1 year in county jail.
• First degree sexual abuse is a class C felony that carries a penalty of prison from 1-10 years and a maximum $5000 fine.
• Second degree sexual abuse is a misdemeanor (felony if it is a second time charged) that carries a maximum 1 year in county jail (for a second time offense, the penalty is the same as 1st degree Sexual Assault).

Defense of a Sexual Battery in Alabama

The list of defenses for Sexual battery in Alabama here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do so)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Alabama

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.