Sexual Battery Defense

What constitutes sexual battery?

The line between sexual battery and rape or sexual assault is that no penetration occurs in sexual battery. Most states define sexual battery as “the prohibited and unwanted contact with or touching of another person’s intimate parts for sexual pleasure.” The contact or touching could be with a body part — like a hand or finger — or with any object.

As with rape or any other sex crime, lack of consent is the core component of sexual battery.  It’s applied to cases in which the other person is considered incapable of consent, such as minors, developmentally disabled persons, individuals who are mentally ill, and those who are incapacitated from alcohol or other drugs and therefore physically helpless.

The law also states that sexual battery can occur in a consensual situation if the victim is under the age of 15 and at least three years younger than the offender. As with many sex crimes, lack of knowledge of the victim’s age shall not be a defense. 

Penalties for sexual battery can include probation, a suspended sentence, or imprisonment for up to 10 years without the possibility of parole. A second-degree sexual battery charge can mean up to 15 years in prison.

Different types of sexual battery

Louisiana distinguishes among different types of sexual battery.

The charge of “second-degree sexual battery” may be filed when the perpetrator allegedly used physical force during the event and inflicted bodily harm.

An “attempted sexual battery” charge would result from an intent to place the victim in danger of sexual battery, such as drugging or locking the potential victim in a room to initiate sexual contact.

A charge of “oral sexual battery” would be applied when the perpetrator performed sexual contact on the victim with their mouth.

Contact a New Orleans Criminal Defense Attorney today 

An experienced criminal defense attorney can assist persons facing sexual battery charges and accusations of other types of sex crimes. Schedule a consultation with New Orleans attorney Elizabeth B. Carpenter by calling (504) 373-4624 or emailing ebc@neworleans-criminal-defense.com today.