Battery, in its broad definition, occurs when one individual intentionally touches another without the victim’s consent in a manner that is harmful or offensive. Consent, as in all sexual crimes, is an essential element to prove in many cases.
If an individual is incapacitated, they cannot provide consent. It does not matter whether the victim is incapacitated due to their own conduct.
For example, if an individual gets intoxicated and passes out, any sexual contact with that individual would be sexual battery. Fondling an individual while they are asleep would constitute sexual battery.
Similar conduct against an individual confined to a hospital bed would also be sexual battery. Sexual battery is a specific subcategory of battery, where the harmful or offensive touching is of a sexual nature or is engaged in for the sexual gratification of the perpetrator.
What Is the Difference between Assault and Battery?
Although assault and battery are terms that are frequently used interchangeably to refer to the same criminal offense, assault and battery are two separate crimes. Under criminal laws, there is also the crime of assault and battery, which combines two offenses that often arise simultaneously.
Assault, in general, is the act of intentionally causing another individual to reasonably fear imminent bodily harm or an offensive contact. Common examples of assault may include, but may not be limited to:
- Attempting to spit on the victim;
- Miming the act of:
- hitting;
- punching; or
- kicking;
- Wielding a weapon, whether deadly or non-deadly, in such a way that suggests the victim will be hit with that object; and
- Pointing a firearm at a victim, regardless of whether it is loaded.
Battery involves the unauthorized use of force against another individual’s body, which results in offensive touching or actual physical injury. There are different categories of battery, which are dependent on the laws in each state and may be grouped according to the type of victim, including:
- Battery against law enforcement;
- Battery against children;
- Battery against spouses; and
- Battery against the elderly.
Depending on the class of the victim, battery charges may be aggravated. This means that the charges will result in felony charges, instead of misdemeanor charges.
What Is the Difference between Sexual Battery and Other Sexual Crimes?
There are differences between sexual battery and other sex crimes. However, some of the offenses may also overlap.
For example, nearly all cases of rape would also meet the elements of a sexual battery charge, or non-consensual sexual contact with an individual who is restrained or incapacitated. Rape, however, is a separate and more severe criminal offense.
The main difference between sexual battery and rape is that rape involves penetration of the sexual organs. With sexual battery, the offense involves the non-consensual touching of another individual’s sexual organs.
Sexual assault, similar to the broader crime of assault, involves the threat of force to establish the intended contact. Battery, in contrast, involves actual contact between perpetrator and victim.
What Does Sexual Touching or Contact Include?
Sexual touching or sexual contact is defined as the knowing, purposeful touching of an intimate or private part of another individual in order to arouse sexual desire. This touching may be accomplished either directly on the individual’s body or through their clothing.
One example of an act that constitutes sexual touching would be inappropriately grabbing another indiviual’s genitals, even if covered by clothes. Another example may be kissing another individual without their consent or threatening other unwanted sexual conduct.
It is important to note that there are certain situations in which touching or contact that involves another individuals intimate or private parts would not fulfill this element of sexual assault, including:
- Medical personnel exception: If a medical professional is performing a clinical examination of a patient then any touching of an individual’s private parts would not be considered contact of a sexual nature;
- However, this does not apply if an individual is falsely representing themselves as a medical professional or when an actual medical professional touched someone inappropriately outside the scope of the medical treatment;
- One example where this exception would not apply is if a medical professional fondled a patient while they were under anesthesia; and
- Parental exception: If a parent is performing necessary domestic functions, like changing a diaper or giving a bath, then the touching of a child’s private parts would not be considered contact of a sexual nature;
- If, however, the touching is not being performed for a necessary domestic function, then the touching may be considered sexual assault as well as child abuse.
What Is the Punishment for Sexual Battery?
The punishment for sexual battery may be severe because sexual battery is a felony in most states. If an individual is convicted, a sexual battery sentence may include possible lifetime imprisonment as well as criminal fines.
The punishment for a sexual battery conviction may vary by state. The following are examples of the possible punishments in specific states.
In California, for a sexual battery to occur, the contact must happen while a victim is restrained by a perpetrator or their accomplice. The offense must be against the victim’s will and for the purpose of:
- Sexual arousal;
- Gratification; or
- Abuse.
Sexual battery may be punished by up to 4 years in prison and a criminal fine of up to $10,000. There are, however, certain exceptions to the requirement that the victim be physically restrained for the offense to be sexual battery, including if th victim is:
- Asleep;
- Unconscious;
- Immobile; or
- Otherwise unable to provide consent.
In Florida, the punishment for sexual battery may be differentiated by certain factors. If no injuries occur, the penalty can be up to 15 years in prison.
When injury occurs, the punishment may be up to 30 years in prison and criminal fines of up to $10,000. If a victim is under the age of 12, a defendant can be sentenced to life without parole and a $10,000 criminal fine.
In Mississippi, the penalty for sexual battery is based upon the ages of the perpetrator and the victim as well as the physical state of the victim at the time of the battery. In other words, whether the victim was able to provide consent at the time of the offense.
If convicted, a defendant may face 20 to 30 years in prison and criminal fines ranging from $5,000 to $10,000. If a defendant has repeat offenses, they may face 40 years in prison.
In the State of New York, sexual battery may be charged as a misdemeanor or a felony, depending on the ages of the victims as well as whether any physical or chemical restraints or incapacitations were used. If convicted, a defendant may face 3 months to 7 years in prison.
In Texas, the sentence for a sexual battery conviction will depend on whether a weapon was used and whether the victim suffered injuries. If no weapon was used and no injuries were sustained, a sexual battery conviction may result in a sentence of 2 to 20 years in prison.
If a weapon is used or the victim is injured, the prison time may increase by 5 to 99 years. Both categories of sentences may also include $10,000 criminal fines.
I’ve Been Charged with Sexual Battery, Should I Contact a Lawyer?
Sexual battery is a serious criminal offense. If you have been charged with sexual battery, you should consult with a criminal defense attorney immediately.
An experienced sexual battery lawyer can review the case against you and determine if any defenses may be available in your case. Your attorney may also be able to negotiate with the prosecution to reduce the charges against you, if possible.
In addition, the prosecution will be more willing to negotiate a plea bargain with your defense attorney. A felony conviction can have an effect on much more than your criminal record, including your future employment, your education, and visitation and custody of your children.
