What is Sexual Battery? | Ask A Sexual Abuse Lawyer

Sexual battery is a devastating and traumatic experience for survivors. The term sexual battery describes sexual assault involving unwanted physical contact of a sexual nature, ranging from unwanted touching and groping to rape. If you experienced sexual battery, a sex abuse lawyer can help you hold your abuser accountable and recover the compensation and closure you deserve.

The experienced sexual battery lawyers of Edwards Henderson help survivors of sexual abuse seek justice. Our attorneys have an in-depth understanding of the complexities of the legal system. We provide dedicated and aggressive representation for our clients. Contact us today to learn more about how we help survivors of sexual abuse move forward. 

What Does Sexual Battery Mean? 

Sexual battery is a type of sexual assault involving physical contact of a sexual nature without mutual consent. However, the legal definition of sexual battery may vary from one state to another. 

Under Florida laws, sexual battery is a felony and defined as any type of sexual penetration without the other party’s consent. Penetration may involve the penis, fingers, or other objects. Florida law also recognizes sexual battery by threat, force, or coercion.

In New York, sexual battery involves forcing someone to engage in sexual intercourse without their consent. It is called either rape, sexual assault, or criminal penetration. Under New York law, sexual battery is a Class B felony punishable by a maximum of 25 years in prison.

California law describes sexual battery as touching someone’s intimate parts without their consent for the purpose of sexual gratification, arousal, or abuse. The law does not require penetration or the use of force to constitute sexual battery. 

Even slight touching of the genitals or breasts without consent warrants sexual battery charges. California law also prohibits “stealthing,” a form of sexual battery where one partner removes a condom during sex without the other person’s knowledge or consent.

Sexual Battery vs. Sexual Assault 

Sexual battery and sexual assault are both forms of sexual violence. Each involves sexual contact without consent. It can become complicated to define: Some states use the terms interchangeably or do not have laws specifically differentiating the two. 

At the federal level, sexual assault is defined under 10 U.S. Code 920, Article 120. These define rape and sexual assault as “sexual abuse.” Federal guidelines do not use the term “sexual battery,” instead referring to it as aggravated sexual abuse (18 U.S.C. 2241.) 

There is some cross-over in meaning, but generally, sexual battery at the federal level involves an extra level of threat or cohesion. 

In some states, sexual battery refers to nonconsensual sexual penetration or intercourse. Others might classify sexual battery as any unwanted sexual touching or contact. Ask a legal expert about the difference between sexual assault and sexual battery where you live.

Sexual Battery vs. Rape

Sexual battery is often confused with rape, but they are actually two separate offenses. While both involve non-consensual sexual activity, rape involves penetration with a body part or object, and sexual battery involves any unwanted sexual contact or touching another person’s intimate body parts. (However, sexual battery can also include rape in some states.)

Sexual battery can sometimes be classified as a misdemeanor offense, while rape is almost always a felony offense and carries much harsher penalties. 

Who Is Most Vulnerable to Sexual Battery?

Sexual battery may affect anyone, regardless of age, gender, or sexuality. However, some people are more vulnerable to sexual battery because of age, disabilities, or circumstances. 

For example, individuals with cognitive impairments or developmental disabilities may have a harder time recognizing and resisting sexual advances. Similarly, children may not have the knowledge or skills to identify inappropriate behavior and defend themselves against sexual battery. 

Women and girls are statistically more at risk of sexual violence than men. Additionally, individuals in positions of vulnerability or powerlessness, such as inmates, patients in medical facilities, or students in schools, are more susceptible to sexual battery. 

Sexual battery can happen within relationships. When one partner forces the other into sexual activity against their will, it constitutes sexual battery. Any form of non-consensual sexual activity, whether with a stranger or an intimate partner, is viewed as sexual battery.

Lastly, unhoused people or those living in poverty are more vulnerable to sexual battery. They may feel forced to exchange sexual favors for basic necessities like food and shelter. Additionally, they may lack access to social support networks, making reporting or seeking help difficult.

No one deserves to be sexually assaulted regardless of their lifestyle or circumstances. At Edwards Henderson, we have experience handling many types of sexual violence cases, including sexual assault and sexual abuse. 

Our attorneys are committed to fighting for the rights of survivors and recovering the justice they deserve. If you or someone you know experienced sexual battery, contact us today for a confidential consultation.

Who Does Not Have the Capacity to Consent to a Sexual Encounter?

Consent is a crucial component of any sexual encounter. Without it, any sexual act is considered sexual battery. However, some individuals may not have the capacity to provide informed and voluntary consent. Therefore, they cannot legally agree to sexual contact. 

Examples of people who cannot give consent include:

• Minors: Anyone under the age of 18 is legally incapable of consenting to sexual activity. Even if the minor appears willing or enthusiastic, engaging in sexual contact with someone under 18 years old could be regarded as sexual battery.
• Individuals with mental or physical disabilities: Someone mentally or physically disabled may not understand the nature of sexual contact or might not have the ability to indicate consent. Sexual activity with a disabled person who cannot consent is sexual battery.
• People who are unconscious or incapacitated: If someone is under the influence of drugs or alcohol, or otherwise unable to consent, any sexual contact with them is deemed sexual battery.
• Individuals coerced or threatened into sexual acts: Coercion or threats render a person unable to consent to sexual acts. If someone is forced or intimidated into sexual acts, they cannot legally give consent.

What Should I Do If I Was Inappropriately Touched?

If you were inappropriately touched, taking immediate action can ensure your safety and well-being. 

Here are a few steps to consider:

1. Go to a safe place: Remove yourself from the situation as soon as possible and find a safe place, whether it is a friend’s house, a hotel room, or a shelter for survivors of sexual violence. If you are in immediate danger, call 911. Think about reporting the incident to law enforcement, which may help prevent future incidents of sexual battery.
2. Speak to a trusted person: Talking about the incident with someone you trust can help you process your emotions and figure out your next steps. This could be a family member, friend, or licensed therapist. You may want to reach out to a support group for survivors of sexual violence or a 24/7 sexual assault hotline like RAINN (1-800-656-4673).
3. Seek medical/psychiatric care: Seek medical attention as soon as possible after experiencing sexual battery. A healthcare provider can examine you for any physical injuries or signs of trauma. In addition, they can provide prevention for sexually transmitted infections and pregnancy. Medical care also provides important documentation of any injuries sustained during the incident.
4. File a sexual battery lawsuit: If you were inappropriately touched, you may have grounds for a sexual battery lawsuit. A sexual assault lawyer can help you navigate the legal system and assist you in seeking compensation for damages, including medical bills, lost wages, pain and suffering, and emotional distress.

Sexual Battery: FAQs

1. Is sexual battery a felony or a misdemeanor? 

The severity of sexual battery charges depends on the state and circumstances surrounding the offense. In some states, sexual battery is a felony offense, while in others, it is a misdemeanor. 

For example, in California, sexual battery is a “wobbler” crime, meaning prosecutors may file sexual battery charges as either a misdemeanor or felony offense. The prosecutor makes this decision based on the specific details of the case. Such details might include the survivor’s age, the offender’s criminal history, and the degree of force used during the act.

Regardless of the classification of the offense, sexual battery is a serious crime that results in significant penalties, including fines, probation, imprisonment, and sex offender registration. These consequences worsen in cases where the survivor is a minor, incapacitated, or endured multiple instances of sexual battery. 

2. What is criminal sexual contact? 

Criminal sexual contact includes any intentional touching, whether directly or through clothing, of certain intimate areas of the body, including the genitalia, anus, groin, breast, inner thigh, or buttocks, with the intention to abuse, humiliate, harass, degrade, or sexually arouse or gratify any person. Sexual contact without consent is a form of sexual assault or battery.

3. What is the most common form of sexual battery?

Acquaintance rape is the most common type of sexual assault or sexual battery. The perpetrator may use alcohol or drugs to impair their target’s ability to consent, or they may take advantage of a vulnerable or unconscious person. If you do not consent, the perpetrator can still be charged with sexual battery, regardless of whether or not you have a pre-existing relationship. 

One of the most challenging aspects of acquaintance rape is survivors often struggle with self-blame and doubt. Many affected by this type of assault have a hard time recognizing what happened as sexual battery. 

4. What is sexual battery by restraint? 

Sexual battery by restraint occurs when an individual engages in non-consensual sexual activity with another person through the use of force, intimidation, or threat. 

Examples of sexual battery by restraint include holding someone down, tying them up, or otherwise preventing them from leaving or resisting the assault. Survivors of sexual battery by restraint may experience physical injuries, emotional trauma, and long-term psychological effects such as anxiety, depression, and post-traumatic stress disorder. 

5. What does “touched in a sexual way” mean? 

Broadly speaking, “sexual” touching involves any kind of physical contact intended to be sexually gratifying for the person doing the touching. 

This could include groping, fondling, or rubbing someone’s genitals or breasts without their consent. Any unwanted sexual touching, even if it does not involve penetration, can still be viewed as sexual battery. 

6. What is aggravated sexual battery? 

Aggravated sexual battery involves any type of sexual battery causing serious bodily harm or involving the use of a deadly weapon. The definition of aggravated sexual battery varies from state to state but it generally involves a heightened level of violence or vulnerability on the part of the targeted party. Some states also consider aggravated sexual battery to result in serious bodily injury to the survivor. 

The consequences for aggravated sexual battery are much more severe than those for sexual battery or simple assault. Most states classify it as a felony and require lengthy prison sentences, substantial fines, and mandatory sex offender registration.

7. What is a sex offender registration and notification program?

Sex offender registration and notification programs (SORNs) are legal mandates requiring convicted sex offenders to register their personal information with a law enforcement agency. 

The registry includes their name, address, photograph, and other identifying data. The Sex Offender Registration and Notification Act (SORNA) was first implemented in the United States in the early 1990s. Since then, many countries have followed suit.

SORNs monitor the whereabouts of sex offenders in the community. These programs provide law enforcement officials and the public with information about convicted sex offenders.

8. I was inappropriately touched under anesthesia. Can I still recover for sexual battery? 

Yes, you can still recover compensation for sexual battery even if you were under anesthesia when it happened. Being unconscious does not give someone else the right to touch you inappropriately without your consent. This type of sexual battery is especially insidious, as the survivor may be unaware of what happened until well after the fact.

9. Can I sue for sexual battery?

Yes, survivors of sexual battery can file a civil lawsuit against the perpetrator or anyone else responsible for the assault. A sexual battery civil lawsuit can help survivors heal, recover justice, and hold the negligent party accountable for their actions. 

A sexual battery claim may result in compensation for:

• Medical expenses: If you incurred any medical bills as a result of the sexual battery, you may be able to recover reimbursement for those expenses. You can also pursue compensation for any therapy or counseling needed.
• Lost wages: If you missed work or took time off due to the sexual battery, you may recover compensation for lost wages.
• Pain and suffering: This includes physical pain, emotional distress, and psychological trauma caused by the sexual battery.
• Punitive damages: These damages punish the person who committed the sexual battery and deter others from engaging in similar behavior. 

Speak to a Compassionate Sexual Battery Attorney

If you or someone you know experienced sexual battery, consider seeking legal guidance from a compassionate attorney. 

Edwards Henderson represents survivors of violent crimes and sexual assaults and has obtained some of the largest settlements and jury results against powerful individuals and third parties. We understand the emotional and physical pain survivors of sexual battery endure and are dedicated to fighting for justice. 

Contact us today and speak with a compassionate sexual battery attorney through a free legal consultation.