Understanding Sexual Battery – Its Elements And Penalties

Sexual battery is a criminal offense that does not involve penetration or sodomy but still involves physical contact of a sexual nature without the victim’s consent. Nashville sexual assault lawyers will tell you that sexual battery involves force or coercion by the offender without the consent of the victim. These acts may involve unwanted and offensive contact with an intimate part of the victim. This may include sexual organs, groin or buttocks, and the breasts of a female.

Sexual battery, like other sex crimes, involves the lack of consent from the victim. Sexual battery is a criminal offense because the act was not consented to or the accused forced their victim to do such acts against their will. Lack of consent also means that the victim is incapacitated to give their consent or has less mental capacity to consent. Minors who are below 14 or 15 years old are incapable of giving their consent.

As sexual battery does not involve any penetration, it is usually considered as a less serious crime compared to rape. For this reason, the offender may be subjected to lighter penalties than rape or sexual penetration. The only exception is when such contact results to the victim getting injured or involved a deadly weapon. In this case, sexual battery becomes a felony crime.

These types of crimes carry a prison term of one to several years, depending on the circumstances and the state’s sentencing guidelines. In some states, there is a minimum prison sentence or the judge may impose a jail sentence without probation or early parole. It is up to the judge to determine the length of the sentence or whether to include probation instead of a jail sentence. On the other hand, sexual battery that does not include a deadly weapon but only force or coercion can be reduced to misdemeanor.

Leave a Reply

Your email address will not be published. Required fields are marked *