Sexual Battery

Sexual battery is one of the alpine direct payday loans most serious offenses a criminal lawyer can handle for a client for two reasons. First, the penalties for a sexual battery conviction are very severe. Second, being accused or convicted of a sexual battery carries tremendous social stigma and will require registration as a sexual offender or sexual preditor.

From an evidentiary perspective, sexual battery offenses are very similar to simple battery cases because they come down the basic allegation of unwanted, non-consensual, illegal physical contact. The fact that such offenses involve sexuality makes them more severe, but at their core battery cases are all the same.

Thus, as a criminal defense lawyer who handles sexual battery cases, my attention is first directed to the nature and type of unwanted, non-consensual, illegal physical contact being alleged.

To this end, one must understand that there are different types of sexual battery cases, depending on the specific facts and allegations. These include the following:

    • Sexual Battery – Victim Less Than 12 Years of Age
    • Sexual Battery – Victim 12 Years of Age or Older
    • Sexual Battery – Victim 12 Years of Age or Older,
      Use of a Deadly Weapon or Great Physical Force
    • Sexual Battery – Victim 12 Years of Age or Older,
      Specified Circumstances Pursuant to Statute
    • Sexual Battery – Victim 12 Years or Older But Under 18 Years,
      By Person in Familial or Custodial Authority
  • Solicitation of Child Under 18 Years of Age to Engage in an Act that Constitutes Sexual Battery by Person in Familial or Custodial Authority

Sexual Battery – Victim Less than 12 Years of Age

Sexual battery on a victim less than 12 years old, the prosecution must prove the following:

  1. That the victim of the sexual battery was less than 12 years old.
  2. That the defendant committed a sex act either with/upon the victim which involved the defendant’s sex organs having union or penetration with the anus, vagina, or mouth of the victim.ORThat the defendant committed a sex act on the victim during which an object was used to penetrate the anus or vagina of the victim.

    OR

    That the defendant injured the sex organ(s) of the victim during an attempted sex act with/upon the victim which would have included the penetration/union of the victim’s anus, vagina, or mouth with the sex organs of the defendant.

    OR

    That the defendant injured the sex organ(s) of the victim during an attempted sex act with/upon the victim which would have included the advance cash express inc penetration/union of the defendant’s anus, vagina, or mouth with the sex organs of the victim.

    OR

    That the defendant injured the sex organ(s) of the victim during an attempted sex act upon the victim, which included the penetration of this victim’s anus or vagina with an object.

  3. That the defendant was 18 years or older and the victim was less than 18 years old at the time of the offense.

As is the case with any other criminal offense, the prosecution must prove all three legal elements beyond a reasonable doubt. Therefore, the job of the criminal defense lawyer is to attack the prosecution’s case and present any and all reasonable doubt to the jury.

Sexual Battery – Victim 12 Years of Age or Older

When the prosecution charges a person with sexual battery on a victim 12 years of age or older, it must prove the following legal elements beyond a reasonable doubt:

  1. That the victim was 12 years old or more.
  2. That the defendant committed a sex act with/upon the victim that included the penetration/union of the defendant’s sex organ(s) with the victim’s anus, vagina, or mouth.ORThat the defendant committed a sex act with/upon the victim during which the victim’s vagina or anus was penetrated by an object.
  3. The sex act committed by the defendant was done without the victim’s consent.

As you can imagine, the above listed legal elements describe the crime that is most commonly referred to as “rape.” In these types of cases, the allegation focuses on the victim’s lack of consent for the sex act in question. A lack of consent can have many degrees and come in many forms.

In some cases, the victim gives consent for one sex act, but not another. For example, a victim may consent to having her vagina or anus touched, but may not consent to sex. In other cases, a victim may give consent for the sex act, but then revoke such consent at a later time. In these cases, two people may begin a sex act when one becomes uncomfortable, changes their mind, or simply wishes to stop for whatever reason. If the other keeps going and forces the other to continue against their will, this can be a sexual battery.

Of course, the classic case of rape is when the defendant and the victim are complete strangers and the victim did not consent to any kind of contact with the defendant whatsoever.

Regardless of the type of consent case at issue, consent is legally defined to mean voluntary, same day loans cheap knowing, and intelligent consent and does not include coerced submission. The law is also very clear to mention that a victim does not need to physically resist the defendant in order to communicate a lack of consent.

However, it is important to note that unlike sexual battery on a victim under 12 years of age, consent can be a defense when the victim is over 12 years of age. In other words, if the defendant is able to prove that the victim consented or that there is a reasonable doubt about the lack of consent, your jury may be convinced to vote not guilty.

This does not mean that a person can have sexual contact with someone 12 years of age or older but younger than 18. It simply means that they cannot be prosecuted for the offense of sexual battery – victim 12 years of age or older. There are other crimes for having sex with those 12 years of age or older but younger than 18. For example, a person may be charged with Unlawful Sexual Activity with Certain Minors (sex with minors aged 16 or 17) or Lewd and Lascivious Battery(sex with minors 12 years or older, but younger than 16).

The reason for these distinctions will be discussed in greater detail later on. Most importantly, there is a big difference in the penalties one may face. As you can imagine, the younger the victim, the worse the offense and therefore the more severe the penalty.

Stand your ground

Is a defense that allows a judge to determine the validity of a self defense claim and should always be alleged when defending these cases. A person is under no obligation to retreat in the face of a reasonable fear that threatens life or limb, or threatens the same to a family member. I have argued numerous cases regarding this issue, and in some cases the need to defend one’s self is the most important fundamental issue that insulates the accused. it allows people to protect themselves without fear of arrest or incarceration.

This case requires a great deal of attention and detail because of the motivating forces exerted on the alleged victim may be by manipulation of another who has an ulterior motive. I have handled and tried many of these cases and know the proper avenues of argument that will get your charges reduced. Most important is the elimination of the reporting requirement that will stigmatize an individual for life. This stigma will last a lifetime and will have consequences on working, and living arrangements.