Who Can be Accused of Sexual Battery?

Jan 03

Under both federal and state laws, crimes that cause innocent victims severe harm are considered serious offenses and are, thus, exacted with heavy punishments, like costly fines and/or years in imprison; some offenders are even sentenced to life imprisonment.

Serious crimes include: treason, which is betrayal of one’s country and the most serious crime in the U.S.; murder, which is the unlawful planned killing of another person; and, sex crimes, such as rape, predatory sexual assault and, in a number of states, sexual battery.

Sexual battery refers to any form of unwanted or non-consensual touching or sexual contact. It does not have to involve sexual intercourse or penetration, as in the case of rape. In some states, sexual battery is referred to as criminal sexual contact and it can be committed in many different ways, like grabbing or fondling a woman’s breast, forcing a kiss on the mouth, patting a person’s buttocks, forcing the victim to touch the offender’s intimate body part, or touching the victim’s genital area – all these acts are committed by an offender for the purpose of arousing or sexually gratifying himself/herself.

The most common victims of sexual battery are a relative, a classmate, a neighbor, an acquaintance, a co-worker, a friend, a dating partner, or even a spouse. According to Nashville criminal defense attorneys of Horst Law, sexual battery can be elevated to aggravated sexual battery, which is a Class B felony, if the offender committed the offense with the use of a weapon as a means of force or coercion, causes bodily harm, committed the offense with the help of another person, or if the victim is less than 13 years old.

In some states, sexual battery is considered a capital felony if the offender is at least 17 years old and the victim, below the age of 12, and if the act causes injuries to the victim’s sexual organ; capital felony can be punished with life imprisonment or death.

While the U.S. justice system is clearly bent on catching and punishing sex offenders, it may sometimes be lacking the initiative or the desire to look into the possibility that the accused is actually innocent. This does not to discredit the system of justice, but to point out that, in certain cases, especially where the victim is a child, an automatic bias is usually developed against the suspect.

A charge as serious as a sex crime, more so a conviction, can and will destroy everything that an accused holds dear and important. Hoping to clear one’s name will require only the best defense from a determined criminal defense lawyer

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