Why am I Being Accused of Sexual Battery?

Because criminal law is generally state specific, the definition of sexual battery in your jurisdiction may vary slightly from that of other jurisdictions. Consult a local criminal defense lawyer regarding the exact definition within your state.

Sexual Battery

A regular battery charge usually requires proof of the following elements (though they may vary slightly by state):

• An offensive touching or contact is made upon a victim;
• The contact is instigated by the actor;
• The actor either intends or knows that his action will cause offensive touching; and
• In some jurisdictions, a battery can be established when an actor acts recklessly.

Battery is often classified as simple or aggravated. Battery can occur in violent settings, but it also is a tort and can happen in professional situations such as medical procedures where the patient does not provide consent.

Sexual battery is different from regular battery because it involves sexual contact that is not invited. It can either be a misdemeanor or a felony depending on the facts on which the charges are based and the jurisdiction in which the charges are brought. To prove a sexual battery case, the prosecution must prove each of the following three elements (elements may vary by individual state laws):

• That you touched the intimate part of another person;
• That the touching was either against the will of the other person, or that consent was fraudulently obtained; and
• That you touched the person with the intent to cause sexual arousal, sexual gratification or sexual abuse.

The penalties for sexual battery can include incarceration, fines and other sex crime specific requirements such as mandated counseling and sexual offender registry. A sex offender registry can make your personal information known to the public, including your home address and a photograph of you. You may face difficulty obtaining employment in many settings and have other problems as a result of a sexual offense conviction such as sexual battery.

Get Legal Advice

Contact a criminal defense attorney if you are being accused of sexual battery. Criminal charges that have a sexual element usually carry additional penalties not imposed by other types of crimes. For example, you could face a requirement to register as a sexual offender. This could be imposed for life depending on your case. An attorney will assist you in fighting the charges against you, negotiating with the prosecutor who is handling your case and talking you through the legal process.