Understanding Sexual Battery vs. Rape

The definition of sexual battery is a broad definition that varies from state to state. However, the underlying element is unwanted sexual contact that one has not consented to. In some jurisdictions, this contact can also include penetration. Many statutes use the term "sexual battery" as a catchall category to include certain criminal sexual actions that do not meet the definition of rape.

Sexual Battery

Sexual battery is making an unwanted and offensive contact with another person's intimate body part with the intent to satisfy a sexual desire. Some statutes also recognize the threat of such contact also. Intimate body parts include the genitals, the anus, a female's breasts, the groin or the buttocks.

Aggravated Sexual Battery

Certain elements can raise a sexual battery offense to aggravated battery; the latter often carries harsher penalties including minimum felony prison time.  Although statutes vary, the elements of aggravated sexual battery usually include:

• the use of force
• the use of intimidation
• the victim is incapacitated due to alcohol or drugs
• or the victim is unable to give consent due to some other incapacitation such as minority age or diminished mental competence. There is no defense of consent in these cases due to the victim's mental incapacity.

Rape

The legal definition of rape is the criminal act of forcing unlawful sexual penetration. The statutory definition of rape always includes some type of penetration, whether oral, anal or vaginal whereas sexual battery does not have to include this element. Since the 1970s, many states have redefined the lack of consent. Prior to this, the victim (previously a woman; now rape statutes are gender neutral) had to prove that she physically resisted. If she did not meet this burden, the court went with the presumption that she consented to the sexual intercourse. Now, the victim only has to present evidence that she (or he) objected verbally.

If the other sexual party is a minor, statutory rape laws apply even if she or he gave verbal consent and was a willing participant. In some cases, statutory rape laws rule even when both participants are legal minors, but one is substantially older than the other.

Finding an Attorney

If you have been accused of sexual battery, aggravated sexual battery or rape, you should consult with a lawyer immediately. Convictions on any of these charges incur jail time, possible fees, as well as mandatory registration as a lifetime sex offender. The stigma of a conviction and registration will follow you throughout your life, impeding employment and other opportunities. Find an attorney experienced with the various sexual crime laws in your state.