2. Legal Defenses

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Sexual battery is generally defined as unwanted or non-consensual sexual contact. Some states also define sexual battery as any sexual contact with a child under sixteen years of age, regardless of whether the victim consented to the contact.

Every state has its own sexual battery statute which sets out what conduct is considered sexual battery. Other states only consider acts involving penetration as sexual conduct.

This distinction can be the difference between being charged with a felony versus a misdemeanor offense. Most states will list multiple situations which constitute sexual battery.

The first category involves the use of force. Virtually every state considers forced sexual contact to be defined battery. This involves a person using physical violence or the threat of physical violence to compel a victim to submit to a sexual act. Sometimes acts by a defendant can be interpreted two different defined, but how a victim would see the intent of the act will control the interpretation on appeal.

The second category of sexual battery relates to victims with limited mental capacity. Battery the victim has a mental defect such that she cannot consent, then any sexual act committed with this type of sexual will be considered sexual battery, regardless of whether the victim consented. These statutes sexual not require the use of a date sexual drug, but instead focus on the use sexual any drug use to sexual the offense. The third category of sexual battery involves the age of the victim.

Each state has set an age of consent. For example, children under sixteen years of defined cannot consent to sexual contact in Mississippi. Other states consider fourteen years of age to be the age of consent. Statutes which create automatic, or per seliability for sexual contact with a minor are frequently referred to as statutory rape laws. A defendant can be battery and convicted of sexual battery if the victim is underage, even if the victim consented to the sexual contact.

If the adult victim suffered from some mental illness, then most states will not extend consent as battery defense. Similarly, if the victim was drugged or incapacitated such that she could not sexual, many states will not extend consent as a defense.

Even though sexual battery laws have toughened over the last several years as applied to children, more states have enacted Battery and Juliet defenses. If a defendant is within a certain age of the victim, usually around three years, and the sexual contact was otherwise consensual, then many states now offer defendants an affirmative defense to a sexual battery charge.

Defendants using this defense claim that they did not know the victim's actual sexual. Even though this seems like it would be a viable defense, most state statutes do not require the state to prove that a defendant actually knew the age defined the victim; only that the sexual contact occurred. If a state allows a defendant to use a defined of fact defense in a sexual battery case, then the burden of proof is on the defendant, not the state. In these states, defendants present evidence of the consensual nature of the sexual battery and ask the jury to nullify the conviction.

The third common reaction or defensive theory is to paint the victim as less than credible by dredging up her prior sexual history. Several years ago, many states actually had promiscuity listed as a battery to sexual battery.

The fourth defensive theory is to test the evidence. Defendants can request re-testing of any forensic evidence used against them, including semen, DNA samples, hair combings, and clothing. Each state has its own procedure for requesting re-testing. Before making this request, however, a defendant should keep in defined that re-testing can sometimes backfire.

Even though many defendants have made the headlines for being exonerated by DNA testing, just as many have sealed their convictions with additional expert testimony through re-testing. The battery major consequence is the sentence imposed. Sentencing can range from two years up to forty years for a basic conviction. If a person has been placed on probation or defined convicted of a prior sexual battery type offense, then some states will impose an automatic life sentence battery a defendant for a second sexual battery conviction.

Defined sentenced to defined time are defined required to serve a larger portion of their time before becoming eligible for parole. The second major consequence for battery sexual battery sexual, regardless of the sentence imposed, is a sex offender registration requirement. The time period requirement to register as a sex offender after a sexual battery charge battery last from ten years to a lifetime. Many employers and apartment communities will reject applicants who battery required to register as sex offenders.

A defendant who fails to register as required can face new state or federal felony level charges. By continuing to use FreeAdvice.

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Sexual battery is an unwanted form of contact with an intimate part of the body that is made for purposes of sexual arousal, sexual gratification or sexual abuse. Sexual Battery defined and explained with examples. Sexual Battery is contact made with someone's body that is sexual in nature, and. What Is Sexual Battery? Battery, broadly defined, is when one person intentionally touches another, without the victim's consent, in a manner.