Arkansas Sexual Battery Laws

Sexual Battery in Arkansas refers to sex crimes not typically covered by rape statutes, such as sexual abuse or sexual assault. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Arkansas, sexual assault in the 1st degree is “sexual intercourse or deviate sexual activity with another person, not the person's spouse, who is less than 18 years and the defendant is a professional defined by the Arkansas laws or employed by the state in a supervising minors capacity.” Sexual assault in the 2nd degree is defined as “engaging in sexual contact with another person by forcible compulsion, engaging in sexual contact with another person who is incapable of consent, or Being eighteen (18) years of age or older, engages in sexual contact with the sex organs of another person, not the person's spouse, who is less than fourteen (14) years of age.”

Penalties for Sexual Battery in Arkansas 

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

• 1st Degree Sexual Assault is a class a felony that carries a prison sentence of not less than 6 years and not more than 30 years.
• 2nd Degree Sexual assault is a class B felony that carries a prison sentence of not less than 5 years and not more than 20 years.

Defense of a Sexual Battery in Arkansas 

The list of defenses for Sexual battery in Arkansas 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)
• 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 Arkansas  

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. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. 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.