West Virginia Sexual Battery Laws

Sexual Battery in West Virginia 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 West Virginia, sexual battery is codified in the law as sexual abuse. According to the laws of West Virginia;

• 1st Degree Sexual Abuse: Sexual contact without consent. Sexual contact means touching or fondling under or outside of clothing. This can be by force or with a physically helpless victim. This applies if the offender is 14 years or more and the victim is 11years or less.
• 2nd Degree Sexual Abuse: Sexual contact when the victim is mentally handicapped or mentally incapacitated.
• 3rd Degree Sexual Abuse: Sexual contact when the victim is less than 16 years of age.

Penalties for Sexual Battery in West Virginia

The penalties for sexual battery classified as sexual abuse have the following sentencing guidelines:

• 1st Degree Sexual Abuse: a felony with 1–5 years in the state penitentiary and/or up to $10,000 fine
• 2nd Degree Sexual Abuse: Misdemeanor with up to 1 year in regional jail and/or up to $500 fine
• 3rd Degree Sexual Abuse: Misdemeanor with up 90 days in the regional jail and/or up to $500 fine.

Defense of a Sexual Battery in West Virginia 

The list of defenses for Sexual battery in West Virginia 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 West Virginia

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.