Rhode Island Sexual Battery Laws

Sexual Battery in Rhode Island 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 Rhode Island, sexual battery is codified in the law as Sexual Assault in the Second Degree. According to the laws of Rhode Island;

• He or she engages in sexual contact with another person and if any of the following circumstances exist:
  • The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled or physically helpless.
  • The accused uses force or coercion.
  • The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification or stimulation.

Penalties for Sexual Battery in Rhode Island

The penalty for sexual battery codified as Sexual Assault in the Second Degree has the following sentencing guidelines:

• Felony with a prison sentence of 3-15 years

Defense of a Sexual Battery in Rhode Island 

The list of defenses for Sexual battery in Rhode Island 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 Rhode Island

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.