what’s sexual battery

Understanding Sexual Battery and Your Legal Rights

Sexual battery—also commonly called sexual assault—refers to unwanted sexual contact. This umbrella term covers acts ranging from groping to rape. Victims can be male or female, and perpetrators can be strangers, acquaintances, friends, or intimate partners.
While the legal definition varies by state, sexual battery generally involves intentionally touching another person’s intimate parts without consent. It’s considered a violation of bodily autonomy that can cause lasting trauma.

What Constitutes Sexual Battery?

Legally speaking, sexual battery involves:

• Nonconsensual sexual touching of intimate body parts—genitals, buttocks, groin, breasts, mouth, etc.
• Intentional, unwanted kissing or groping
• Attempted or completed oral, anal, or vaginal penetration
• Sexual activity with a minor
• Sexual activity with someone who cannot consent due to intoxication, unconsciousness, developmental disability, etc.

It covers everything from unwanted kissing and touching to rape. The unifying factor is lack of consent to engage in sexual activity.

Sexual Battery vs. Sexual Assault

These terms are sometimes used interchangeably. But sexual battery tends to refer specifically to unwanted physical sexual contact. Sexual assault is a broader term that also encompasses non-contact crimes like sexual harassment.

Why Does It Happen?

Perpetrators sexually batter others for different reasons, like:

• Seeking power or control
• Feeling entitled to another person’s body
• Being unable to control sexual urges
• Misreading social cues and not understanding consent
• Being under the influence of drugs or alcohol

Ultimately, the blame lies fully with the perpetrator. Sexual battery is an inexcusable violation. But understanding why it happens can sometimes aid prevention and rehabilitation efforts.

Sexual Battery Trauma

Sexual battery can inflict severe emotional and psychological trauma. Many survivors experience PTSD, depression, anxiety, low self-esteem, and difficulty with intimacy. Effects often last for years and require extensive counseling.
The trauma can also have physical effects due to injury during the assault. And female victims may experience pregnancy or contract STIs.

Seeking Help After Sexual Battery

The first step is ensuring your immediate safety and medical care. Call 911, then seek treatment at a hospital. Ask for a rape kit to preserve forensic evidence. Consider asking a victim advocate to accompany you.
Next, connect with community resources. Call a sexual assault hotline to find local counseling and support groups. These provide safe spaces to process trauma. They can also help you understand reporting options.
You may wish to file a civil lawsuit against the perpetrator. Speaking with a personal injury or sexual battery attorney can advise you on the legal process. They can represent your best interests seeking justice and financial compensation.

Can I Press Charges for Sexual Battery?

Sexual battery is a criminal offense. So you can potentially press charges to pursue criminal prosecution through the state. Specific laws and sentences vary widely by location.
For example, in California sexual battery penalties under Penal Code 243.4 include:

• Misdemeanor: Up to 6 months jail time and $2,000 fine
• Felony: 2-4 years prison time

Felonies apply to sexual battery involving additional violence, weapons, or other serious factors.
The decision to press charges is highly personal. A sexual assault attorney can advise you on the legal process. Counselors can also help address any reservations you have about reporting.

False Accusation Concerns

Some sexual battery survivors hesitate to come forward over fears they won’t be believed. Or worries about falsely accusing someone.
However, rates of false reporting for sexual battery are very low—between 2-10%, comparable to most other crimes. Still, false allegations sometimes occur.
Hiring an attorney helps ensure accusations meet the standards of proof required under sexual battery laws. Experienced lawyers also know how to gather convincing supporting evidence.
So while the legal system isn’t perfect, working with an advocate helps sexual assault survivors seek justice.

Sexual Battery Civil Lawsuit

Beyond criminal prosecution, victims can file a civil lawsuit against their attacker. These pursue financial compensation rather than jail time.
According to personal injury firm TorkLaw, civil remedies for sexual battery include:

• Medical expenses
• Lost income
• Pain and suffering damages
• Punitive damages in certain cases

So while a civil sexual battery lawsuit can’t put the perpetrator behind bars, it can ease the financial burdens many survivors face.

Statute of Limitations Concerns

If considering a lawsuit, don’t delay. These claims carry strict statutes of limitations—as little as 1 year in some states. The clock starts ticking from the date of the attack.
For example, per California Code Section 340, civil actions must commence:

• Within 2 years for assault, battery, or injury to an individual caused by the wrongful act or neglect of another

So meeting with an attorney soon after the incident is key to preserve your legal rights.

Sexual Battery Defenses

In some cases, the accused may claim the sexual activity was consensual. However, consent has a strict legal definition—it must be affirmative, conscious, voluntary, and ongoing.
Other possible defenses include:

• Mistaken identity (claiming authorities arrested the wrong person)
• Alibi (proving the defendant couldn’t have committed the crime)
• Intoxication (arguing the perpetrator couldn’t form criminal intent)

An attorney for the victim can work to counter these defenses by gathering evidence like DNA, surveillance video, witness testimony, etc.

What Should Sexual Battery Victims Do?

First and foremost, prioritize your health, safety and wellbeing. Consider taking these steps:

• Call 911 immediately after an attack, then get medical care
• Speak with a sexual assault advocate or counselor
• Connect with community resources and support groups
• Document evidence like photos of injuries
• Consider reporting the crime to police
• Explore the option of a civil lawsuit for compensation
• Contact an experienced sexual battery attorney to discuss your legal rights and options

Healing from sexual trauma takes time. But seeking help empowers victims take back control while holding attackers fully accountable.