Sexual battery is a term describing a sexual crime that involves criminal sexual contact or touching. The difference between sexual battery and rape is that sexual battery does not involve intercourse or other kinds of forced sexual penetration.
Sexual battery can occur while the victim is clothed, as well as unclothed. To explore this concept, consider the following sexual battery definition.
A charge of sexual battery does not require penetration. Laws governing sexual battery and other sex crimes vary by state. However, "What does aggravated sexual battery mean" crime of aggravated sexual battery is a more serious form of sexual battery in any jurisdiction. Aggravated sexual battery involves any of the following during commission of the battery:.
In some states, there is no difference between sexual battery and rape. However, there is generally considered to be a difference between sexual battery and rape. Insofar as arousal is concerned, the offender may be forcing the victim to become aroused against his or her will. In other examples of sexual battery, the offender may engage in sexual touching — whether touching the victim, or forcing the victim to touch him — in order to sexually arouse himself.
Consent is the key element in any form of sexual behavior. If someone does not give his or her consent before being sexually touched or penetrated, then the person doing the touching or penetrating is committing a crime.
Similarly, there are certain categories of people who are, by definition, incapable of giving their consent, or who have a diminished mental capacity that denies them the ability to give consent. In certain states, sexual conduct with a minor is only illegal if the offender is older than the victim by a defined number of years, and the victim is under a certain age.
This What does aggravated sexual battery mean why most high school relationships do not result in senior boys being led out of school in handcuffs for having relationships with sophomore girls.
However, if a year-old in the same state has sexual contact with that year-old, then his actions can be prosecuted, as his engaging in sexual conduct with a minor is a felony.
In many states, it is considered a What does aggravated sexual battery mean for a person in authority, such as a teacher, doctor, or police officer, to have sexual conduct with a subordinate, such as a student, a patient, or a person in police custody.
They may feel powerless to do anything other than submit to the offender, which is not considered giving consent. More specifically, sexual battery by a healthcare provider occurs when a doctor in any capacity, be it physician, nurse, or psychotherapist, makes advances toward a patient.
The law in many states renders a patient incapable of consenting to such acts. In fact, particularly in the case of a psychotherapist, the patient is often emotionally compromised already, making him or her unable to consent.
There are three penalties for sexual battery that a person can incur: Typically, someone convicted on a sexual battery charge is subjected to multiple penalties for sexual battery, not just one.
Imprisonment is one of the penalties for sexual battery, though an offender is not always sentenced to prison. This is because, typically, sexual battery is a less serious crime than rape or forced sexual penetration and, as such, the accused is subjected to lighter penalties, such as probation. The offender may receive a sentence of several years in prison, depending on both the circumstances of the case, and the sentencing guidelines of the state wherein the incident occurred.
Some states require that the offender be given a minimum prison sentence, or that the court deny the possibilities of probation or early parole. other states, the court may be permitted to use its own discretion when handing down a sentence, insofar as its length and whether or not to offer probation as an option.
If there is no weapon involved, no physical injury, and the victim is a competent adult, the sexual battery is typically considered to be a misdemeanor. A misdemeanor carries a sentence of up to one year in jail, but the offender is not necessarily required to do time.
Those convicted of a sex crime will also face other penalties for sexual battery in addition to the jail time they may have received.