Pennsylvania Sexual Battery Laws

Sexual Battery in Pennsylvania refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. 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 Pennsylvania, sexual battery is codified in the law as indecent contact. According to the laws of Pennsylvania;

• A person who has indecent contact with the victim or causes victim to have indecent contact with the person is guilty of indecent assault if:
  • the person does so without the complainant's consent;
  • the person does so by forcible compulsion;
  • the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
  • victim is unconscious or the person knows that the victim is unaware that the indecent contact is occurring;
  • the person has substantially impaired the victim's power to appraise or control his or her conduct by administering or employing, without the knowledge of the victim, drugs, intoxicants or other means for the purpose of preventing resistance;
  • the victim suffers from a mental disability which renders him or her incapable of consent;
  • the victim is less than 13 years of age; or 
  • the victim is less than 16 years of age and the person is four or more years older than the victim and the victim and the person are not married to each other.

Penalties for Sexual Battery in Pennsylvania

The penalty for sexual battery codified as indecent contact has the following sentencing guidelines:

• indecent assault is a misdemeanor of the second degree: up to 2 years and/or $500 to $5,000
• If the victim is less than 13, indecent assault is a misdemeanor of the first degree: a fine of not less than $1,500 nor more than $10,000, or imprisonment not exceeding five years, or both.

Defense of a Sexual Battery in Pennsylvania 

The list of defenses for Sexual battery in Pennsylvania 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 Pennsylvania  

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.