Sexual battery and sexual assault are two different sexual offenses. The difference between assault and battery will lie in whether the perpetrator faces jail time or will receive counseling for the betterment.
The fundamental difference between both is that sexual assault is nonconsensual intercourse with a victim whereas sexual battery is a nonconsensual touching of a victim’s intimate parts. Sexual assault is considered to be a more serious offense in comparison to sexual battery.
Most people do not know the difference between sexual battery and sexual assault. In several states, the two sexual crimes are treated differently. Both crimes affect people differently. Victims of these crimes do not know how to proceed with their cases. This can prevent them from protecting their rights and seeking justice.
What Is Sexual Assault?
Sexual assault covers a variety of unwanted sexual contact that refers to any type of sexual activity that happens without the consent of the victim. Sexual assault is a severe crime in which a victim is manipulated or forced into sexual activity without their willing consent.
Sexual assault is of different types. However, all may involve non-consensual sexual contact. These may comprise unwanted touching, rape, or kissing. In many cases, it is the perpetrator who will threaten the victim to force or coerce them into submission or may use any other forceful measures.
What Is Sexual Battery?
Sexual battery is one of the types of sexual assault where there is non-consensual sexual contact with the victim’s intimate parts. For example, sexual battery may happen when an individual uses menace of unlawful violence or physical force to forcefully engage in sexual activity with another individual without their will.
There may be various types of sexual battery but every form will involve physical contact. In such cases, the perpetrator may use their body weight to restrain the victim, objects to threaten, or any kind of weapon. There are various cases in which the victim is being drugged by the perpetrator to change their judgment.
What Is Sexual Abuse?
Sexual abuse is another term that may confuse you. It may happen to anyone whether strangers or acquaintances and has a serious impact on individuals irrespective of background, age, and gender.
Therefore, everyone needs to understand different sexual crimes and know the difference between them. It will help them give informed judgments on how to handle those around them thereby protecting their rights and themselves.
What Is Aggravated Sexual Battery?
Aggravated sexual battery refers to a more severe form of sexual battery that involves additional aggravating factors or circumstances. Some common aggravating factors may include:
- Use of force or violence: Aggravated sexual battery often involves the use of physical force, violence, or threats to overpower or intimidate the victim.
- Serious bodily injury: If the sexual battery results in significant physical harm or injury to the victim, it may be considered aggravated.
- Use of a weapon: If a weapon, such as a firearm or a dangerous instrument, is used during the commission of the sexual battery, it may be categorized as aggravated.
- Multiple offenders: If the sexual battery involves multiple perpetrators acting together, it may be classified as aggravated.
- Victim’s age or vulnerability: If the victim is a minor, elderly, disabled, or otherwise vulnerable, the sexual battery may be considered aggravated due to the increased level of vulnerability and potential harm.
Different Types Of Sexual Battery
Sexual battery can encompass various types of non-consensual sexual acts. Some examples of different types of sexual battery are as follows:
- Felony Sexual Battery: Non-consensual and unlawful sexual contact or penetration with another person, often involving force, coercion, or other aggravating factors.
- Misdemeanor Sexual Battery: Non-consensual and unlawful sexual contact, but typically involving less severe circumstances than felony sexual battery.
- Capital Sexual Battery: Non-consensual and unlawful sexual contact or penetration with aggravating factors that qualify for the most severe penalties.
- Oral sexual battery: It involves intentional touching of the victim’s privates by the offender by the use of tongue or mouth. It can also happen that the victim is being forced by the offender to touch their privates by their tongue or mouth.
Consequences Of Sexual Battery
The punishments for sexual battery vary depending on the jurisdiction and the specific laws in place. However, sexual battery is generally considered a serious criminal offense with significant legal consequences. Some common legal implications of sexual battery include the following:
- Criminal charges: Sexual battery is a criminal offense that can impose sexual battery charges on the accused person.
- Incarceration: If convicted of sexual battery, the offender may face imprisonment.
- Probation: In some cases, instead of or in addition to imprisonment, a court may impose probation as part of the sentence.
- Registration as a sex offender: In many jurisdictions, individuals convicted of the sexual battery may be required to register as sex offenders.
- Criminal record: A conviction for sexual battery will result in a criminal record, which can have long-term consequences.
- Civil lawsuits: Victims of sexual battery may choose to pursue civil lawsuits against the offender for damages, seeking compensation for medical expenses, therapy costs, emotional distress, and other related losses.
What Should I Do If I Have Been Sexually Battered?
If you have been sexually battered, it is important to prioritize your safety and well-being. Some steps you can take are as follows:
- Ensure your safety: If you are in immediate danger or feel unsafe, remove yourself from the situation and find a safe place. If necessary, call emergency services or seek assistance from a trusted individual.
- Seek medical attention: It is crucial to prioritize your physical health and well-being. Consider going to a hospital or healthcare facility to get medical care, even if you do not have visible injuries.
- Preserve evidence: If possible, try to preserve any evidence related to the incident. Avoid showering, changing clothes, or cleaning any affected areas of your body, as these actions may remove important evidence.
- Report the incident: Consider reporting the sexual battery to the appropriate authorities, such as the police or law enforcement agency.
Are You A Victim Of Sexual Crime? Talk To A Criminal Defense Attorney
Sexual battery is a severe and traumatic crime that violates a person’s autonomy, safety, and well-being. If you have been accused of sexual battery or assault charges, talk to one of the experienced criminal attorneys. They will help you understand the legal implications, the steps to take if you have been sexually battered, and the preventive measures to reduce the risk.