Vermont Sexual Battery Laws

Sexual Battery in Vermont refers to sex crimes \typically covered by rape statutes, such as sexual assault. 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. In Vermont, sexual battery is codified in the law as rape. Rape is commonly known as the unlawful sexual penetration of another without consent. Sexual battery for purposes of this article is codified as sexual assault.

According to the laws of Vermont;

• No person shall engage in a sexual act with another person and compel the other person to participate in a sexual act:
  • (1) without the consent of the other person; or
  • (2) by threatening or coercing the other person; or
  • (3) by placing the other person in fear that any person will suffer imminent bodily injury.
• (b) No person shall engage in a sexual act with another person and impair substantially the ability of the other person to appraise or control conduct by administering or employing drugs or intoxicants without the knowledge or against the will of the other person.
• (c) No person shall engage in a sexual act with a child who is under the age of 16, except:
  • (1) where the persons are married to each other and the sexual act is consensual; or
  • (2) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual
• (d) No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild.
• (e) No person shall engage in a sexual act with a child under the age of 16 if:
  • (1) the victim is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild; or
  • (2) the actor is at least 18 years of age, resides in the victim's household, and serves in a parental role with respect to the victim.

Penalties for Sexual Battery in Vermont 

The penalty for sexual battery classified as sexual assault has the following sentencing guidelines:

• Sentence of not more than 20 years or up to $10,000 fine, or both;
• if victim under 16 and responsible for victim’s welfare, sentence is not more than 35 years or fine up to $25,000, or both

Defense of a Sexual Battery in Vermont 

The list of defenses for Sexual battery in Vermont 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 Vermont  

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.