What Is A Sexual Battery?
Every state has different punishments for sex crimes. The penalties will vary based on which state you live in; different states have different laws regarding rape, sexual assault, and sexual battery. Other types of sex-related crimes include sexual abuse, criminal sexual conduct, unlawful sexual conduct, and many more.
One of the most common sex crimes is sexual battery. Sexual battery is defined as any unwanted sexual contact with another person. This can include unwanted touching, groping, or even kissing. In many states, sexual battery is a misdemeanor offense. However, if the victim is a minor, or if the defendant has a prior conviction for a sex crime, the offense could be classified as a felony.
Additionally, sexual battery may be defined differently by different states. In Pennsylvania, someone who commits the aforementioned acts can be charged with the crime of “indecent assault.”
What Is Consent?
Consent is permission to engage in sexual activity. It must be given voluntarily and knowingly; if someone is under the influence of drugs or alcohol, they may not be able to give consent. Consent can also be withdrawn at any time, and cannot be given if the person is incapacitated.
Crimes like indecent assault always occur without the consent of the victim. If the victim consented to the physical contact, then an indecent assault charge would not be appropriate.
To convict a defendant of indecent assault in Pennsylvania, the prosecution must be able to prove certain criteria set forth in the criminal statute. This can include if the contact is made without the victim’s consent, but may also include other circumstances, like forcible compulsion or the threat of forcible compulsion.
Aggravated Sexual Battery Definition
Aggravated Sexual Battery is considered to be a very serious crime. Pennsylvania’s term for this crime is “aggravated indecent assault.” The penalties for this crime are greater than those for indecent assault. An indecent assault becomes aggravated when penetration occurs. The penalties for aggravated indecent assaults are greater than those for simple sexual battery charges.
Common Cases Related to Sexual Battery
Sexual Battery is a term used for sexual contact that has been made non-consensually. It can also refer to touching intimate parts, whether clothed or unclothed, without the consent of the victim or against the victim’s will.
- Some examples of sexual battery are as follows:
- Touching the genital areas of a victim
- Forcefully grabbing a women’s breast
- Compelling the victim to touch any intimate parts of the wrongdoer’s body
- Forcefully fondling or kissing on the mouth
Different Acts of Sexual Battery
Depending on the circumstances, a sexual battery may constitute either a felony or a misdemeanor. An offender can be charged with a felony sexual battery if they detain a victim physically or forcefully commit battery against a child. It is also a felony to use fraud to commit a sexual battery; for example, a doctor claiming their crime was medically necessary.
Misdemeanours involve prison time of up to 12 months. For felonies, the punishments vary based on the acts. If an individual is charged with felony sexual battery, they could face several years in jail.
Some states, like Pennsylvania, do not have the term sexual battery. While Pennsylvania uses the term indecent assault, other states classify these acts as sexual abuse, unlawful sexual contact, or criminal sexual contact.
Sexual Assault Convictions in Pennsylvania
The punishment for people who are charged with sexual assault can range between $5,000 to $25,000. The prison time can range from 1 year to 20 years. In some cases, if someone is convicted of a sexual assault, they may be required to get registered as a sex offender.
This term can damage a person’s reputation and may cause them to lose their job, or have difficulties finding one in the future. A sexual assault conviction will also show up on a person’s criminal record, which is available to the public. This is why if you are accused of these crimes, it is imperative to seek help from a sexual assault lawyer who can help you clear your name.
A lawyer can help reduce the charges, or even get them dismissed. They can also help a person negotiate a plea deal with the prosecution. If you are found guilty, a lawyer may be able to help you get a lesser sentence.
Call the Law Offices of Lidia Alperovich today to schedule a free consultation with an experienced sexual assault attorney.