Sexual Battery is defined as the act of sexual contact by force, coercion and without the consent of the victim, for the purpose of sexual gratification or arousal. If the victim is mentally or physically handicapped or incapacitated or if the sexual contact is a result of fraud, sexual battery charges could be filed.
Aggravated sexual battery occurs when the victim is forced into sexual conduct by use of force, a weapon or if physical injury results. If the victim is under 13 or is mentally or physically handicapped or incapacitated, the offense would be classified as aggravated sexual battery.
Sexual battery by an authority figure involves sexual conduct of a person, without their consent, when the accused is in a position of trust and uses that power for sexual purposes. The victim must be between 13 and 17 years old and/or mentally or physically handicapped or incapacitated.
If charged, you need the advice and help of the experienced James R. Owen team.
All convictions for sexual battery are felonies and will result in jail time. After your release, you would have to register as a Sex Offender, which will limit where you can live and work. You would also be required to check in regularly with authorities as to your whereabouts and actions.
Sexual Battery Sentences
A conviction for sexual battery can range from a Class E Felony (least serious) to Class A, depending on the severity of the crime.
- Class E Felony conviction for sexual battery carries a prison term of 1-6 years and a fine of up to $3,000.
- Class C Felony for a conviction of sexual battery by an Authority Figure could result in a sentence of 3-15 years in prison and a fine of up to $10,000. If convicted of Statutory Rape by an Authority Figure, (when the offender has sex with a 13-17 year old, and claims the sex was consensual) there is no eligibility for probation or judicial diversion
- If convicted of aggravated sexual battery as a Class B Felony, the sentence is 8 to 30 years in prison and a fine up to not more than $25,000.
- If convicted of aggravated rape, or rape of a child, it becomes a Class A Felony. A conviction could range from 15-60 years in prison and a fine of up to $50,000.
Your future depends on a solid defense. The James R. Owen team will investigate your case to ensure you get the best representation.