Connecticut Sexual Battery Laws

Sexual Battery in Connecticut refers to sex crimes not typically covered by rape statutes, such as 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 Connecticut, 1st degree sexual assault occurs when a person:

• compels another for sex by use of force against them or someone else, or by threatening use of force against the victim or a third person which reasonably causes the victim to fear physical injury,
• engages in sex with another person who is under thirteen years of age and the actor is more than two years older,
• Engages in sex with another who is mentally incapacitated to the extent that he/she is unable to consent to such sexual intercourse.

2nd degree sexual assault occurs when someone has sex with another person who:

• is thirteen years of age or older but under sixteen years of age and the actor is more than three years older than such other person,
• is mentally defective to the extent that such other person is unable to consent to such sexual intercourse;
• is physically helpless,
• is less than eighteen years old and the actor is such person's guardian or otherwise responsible for supervision of such person's welfare,
• is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person,

Penalties for Sexual Battery in Connecticut 

The penalties for sexual battery in Connecticut depend on the charges issued and the circumstances surrounding the crime. 1st degree sexual assault can be a Class A or B Felony, while 2nd Degree Sexual Assault can be a class B or C Felony

• class A felony: 1-20 years, if victim of the offense is under sixteen years of age, imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court if the victim is under ten years of age or of which five years of the sentence imposed may not be suspended or reduced by the court if the victim is under sixteen years of age.
• class B felony:1-20 years,  two years of the sentence imposed may not be suspended or reduced by the court or, if the victim of the offense is under ten years of age, for which ten years of the sentence imposed may not be suspended or reduced by the court.
• Class C: 1 to 10 years

Defense of a Sexual Battery in Connecticut 

The list of defenses for Sexual battery in Connecticut 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 Connecticut  

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.