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Sexual Assault vs Sexual Battery

If you find yourself under investigation or charged with a sex crime, the first step toward mounting a robust defense is understanding the specific charges against you. While terms like sexual assault and sexual battery may sound similar and they come under the umbrella of sexual abuse, they carry distinct meanings under law. Sexual Battery and Sexual Assault are both heinous crimes conducted sexually, but the punishment varies.

An experienced criminal defense attorney can help you understand the charges you are facing and the proper steps to defend yourself especially in regards to content issues. They can provide invaluable guidance on the nuances of the law and help you make informed decisions throughout the legal process.

Sexual Battery and Sexual Assault

What Are The Different Types Of Sexual Crimes?

Any act that involves sexuality without consent is a sexual crime. Here is the list of different types of sexual crimes:

  • Rape/Statutory Rape
  • Sexual Assault
  • Sexual Harassment
  • Misdemeanor Sex Abuse
  • Child Luring
  • Sexual Battery Offences
  • Sexual Violence

Sexual Crimes can happen to anyone and it can affect any person, regardless of age, gender, or background. It is crucial that everyone understands the difference between sexual crimes so they may make informed judgments about how to protect themselves and those around them.

What Is Sexual Assault?

Sexual assault is an umbrella term that defines various sexual crimes. It is a one-time event where the perpetrator engages in non-consensual or unwanted sexual activity. It is a crime in which the victim is forced, coerced, or manipulated into sexual activity against their will. It includes any sexual contact or touch that is deemed offensive and unwanted.  In addition, sexual assault also occurs whenever an attacker attempts an assault and fails. You can face the same charges regardless of the outcome.

This crime also include other kinds of behavior, such kissing, hugging, fondling or groping, depending on the circumstances. Sexual assault can occur between strangers or acquaintances, and it can happen to anyone, regardless of age, gender, or background. Sexual assault is a serious crime that can result in server penalties and lengthy jail time. 

What Is Sexual Battery?

The crime of sexual battery occurs when a person touches another’s intimate parts without consent. Without consent includes situations where the victim is coerced, drugged, physically helpless, mentally defective or incapacitated. This includes any contact that involves the use of force or the threat of force. 

Sexual battery is a more specific charge than assault. Anytime an individual uses physical force to engage in sexual activity with another person without their consent, sexual battery occurs. This act includes penetration of the victim’s sexual organs. Sexual battery is a felony, with penalties depending on the ages of the parties involved.

What Is The Difference Between Sexual Assault And Sexual Battery?

Sexual Battery and Sexual Assault both fall under sexual crime, and both are punishable crimes. But they are two different crimes by legal definitions. The difference between sexual assault and sexual battery is that sexual assault is defined as any non-consensual sexual contact, while sexual battery is a specific type of sexual assault that involves the use of force or the threat of force.

Most people do not understand the difference between sexual battery and sexual Assault and fail to get criminal justice. Both the crimes have different nature of charges and legal penalties. An experienced attorney can help you prepare a viable and robust defense that is tailored to the unique facts , criminal acts and circumstances of your case.

What Is An Aggravated Sexual Assault And Aggravated Sexual Battery?

In general, aggravated sexual assault and aggravated sexual battery are more serious offenses. These types of sexual crimes are typically charged as felonies, and the perpetrator can face up to life in prison if convicted.

Aggravated Sexual Assault

Aggravated sexual assault happens when there is an additional force in the attack. That can mean using a weapon or the attacker threatening violence. Aggravated assault also occurs when the attacker causes bodily harm to the victim. This can include rape, sodomy, or any other type of non-consensual sexual contact that results in serious injury for assault cases.

Aggravated Sexual Battery

Aggravated sexual battery occurs when an element of force elevates the seriousness of a sexual battery case. The offense may be upgraded based on several factors, including the threat of personal harm, violence resulting in injury, force elements, physical or mental incapacitation, the victim’s age being under 18, and if the perpetrator holds a position of power. This can include the rape of a child, the sexual battery of a mentally handicapped person, or any other type of non-consensual sexual contact that results in serious injury.

Should you consult with a criminal defense attorney?

Yes. If you are accused of a sex crime, it is necessary that you consult with a criminal defense lawyer as soon as you can. 

An experienced defense attorney will be able to inform you of the specific assault and battery laws under which you are charged and it will help to understand the detail legal distinctions in the criminal charges. A defense lawyer can also help you contest any charges by raising a legal defense and help you get the charges against you invalidated or get reduced to lesser sexual offenses by making arguments in the court.

If you have been accused of sexual assault or sexual battery, simple or aggravated, you should contact a criminal defense attorney for your victim rights. The punishment for these crimes can be harsh, and you may want an experienced attorney to help you navigate the legal system. Also Sexual assault and sexual battery charges sometimes overlap, which can expose defendants to the possibility of heightened sentencing

You can get help now by contacting Anderson & Ackerman Law Group. Reach out today for a free consultation and legal advice that will help with you case and legal consequences.


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