South Dakota Sexual Battery Laws

Sexual Battery in South Dakota 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 South Dakota, sexual battery is codified in the law as sexual contact. According to the laws of South Dakota;

• Any person, fifteen years of age or older, who knowingly engages in sexual contact with another person, other than his or her spouse if the other person is sixteen years of age or older and the other person is incapable, because of physical or mental incapacity, of consenting to sexual contact, is guilty.
• No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact.
• Any person who has been convicted of a felony sex offense who directly threatens or communicates specific intent to commit further felony sex offenses is guilty of threatening to commit a sexual offense.

Penalties for Sexual Battery in South Dakota 

The penalty for sexual battery codified as sexual contact without consent has the following sentencing guidelines:

• Sexual contact with person incapable of consenting: Class 4 Felony, ten years in the state penitentiary and a fine of $20,000 may be imposed;
• Sexual contact without consent with person capable of consenting: Class 1 misdemeanor, one year imprisonment in a county jail or $2,000 fine, or both
• Threatening to commit a sexual offense: Class 4 Felony, ten years in the state penitentiary and a fine of $20,000 may be imposed;

Defense of a Sexual Battery in South Dakota 

The list of defenses for Sexual battery in South Dakota 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 South Dakota

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.