Delaware Sexual Battery Laws

Sexual Battery in Delaware refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. 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 Delaware, unlawful sexual contact in the 1st degree occurs when:

• intentionally have sexual contact with another who has not yet reached their 16th birthday and defendant stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
• intentionally have sexual contact with another who is less than 13 years of age or causes the victim to have sexual contact with the person or a third person.

Unlawful Sexual contact in the 2nd degree occurs when:

• intentionally have sexual contact with another who is less than 18 years of age or causes victim to have sexual contact with the person or a third person.

Penalties for Sexual Battery in Delaware

The penalties for sexual battery in Delaware depend on the charges issued and the circumstances surrounding the crime.

• 1st degree: Class D Felony, up to 8 years in prison
• 2nd Degree: Class F Felony, up to 3 years in prison

Defense of a Sexual Battery in Delaware 

The list of defenses for Sexual battery in Delaware 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 Delaware

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.