Sexual Battery Vs Sexual Assault?
Every state of the US has its own definition of sexual crimes. The meaning of sexual crime totally depends on your state laws. For sexual crime, there are different names, like sexual assault, rape, sexual abuse, unlawful sexual crime, or any criminal sexual action, etc. The most common term you may heard is sexual assault or sexual battery. In this blog, you’ll learn the difference between sexual battery Vs sexual assault.
All of the sexual crimes comprised of nonconsensual sexual contact with someone. In sexual offense, it leaves the victim in constant fear that leads to much mental damage for their whole life. In some states, people consider sexual assault and sexual battery the same thing, but some state finds them two different offenses.
What is Sexual Battery?
Sexual battery is a situation in which a person has to face sexual contact without knowing their willingness. In sexual battery, a person may touch the body part of the victim without their consent. It is a terrifying situation for a person that becomes trauma for their whole life. Unfortunately, if you have experienced sexual battery, you need a lawyer to punish the liable person.
Sexual battery actions can be physically offensive for the victim that can result in different penalties. In different states, sexual battery is called by different names, such as criminal sexual action, sexual abuse, or unlawful sexual conduct.
How To Prove Sexual Battery?
To prove sexual battery, you have to prove the below doubts as a victim.
- There was no willingness to engage in any sexual conduct by the victim side.
- The person has touched the intimate body part of the victim without any consent.
- If the victim is below 12 years old, sexual conduct will be considered a sexual crime.
- There were some factors that nearly indicated sexual crime without the victim’s consent.
The person who has conducted sexual battery will be charged with a penalty according to state law. It can be either a felony or a misdemeanor.
What is Sexual Assault?
Sexual assault is an offensive act that includes penetration of sexual crime. Most people use sexual assault for rape. However, there are some degrees of sexual assault that explain the severity of the incident. The penalty depends on the degree of sexual assault.
Moreover, in sexual assault, a person may forcibly try to offend a person without the victim’s consent sexually. Unfortunately, if you have experienced sexual assault, you need a sexual assault lawyer. A lawyer will help you collect valuable evidence to give harsh penalties to the liable person.
Are Sexual Battery and Sexual Assault the Same?
In the law of some states in the US, both terms are used for sexual contact. In court, the act of sexual battery and sexual assault are identical if the person touches the intimate parts of the victim or does any specific action that indicates sexual abuse without consent.
Penalty for Sexual Battery and Sexual Assault
For sexual crime, there is no standard penalty and impeachment. The definition of crime is different for every state. The penalties depend on the severity and factors of the case. In any sexual crime, the charges are either a felony or misdemeanor.
- A person may get a state prison sentence
- Register as a sex offender
- Heavy Fines
However, there are some aggravated situations where the situation is more offensive, which results in severe penalties. For instance:
- Severe injury because of sexual contact
- The victim had a mental illness
- The victim is underage
Do You Need to File a Lawsuit for Sexual Battery or Sexual Assault?
Yes, you should file a civil case if you have suffered from any sexual abuse. You may get compensation for the following damage if the case is severe.
- Mental trauma
- Medical bills
- Lost earning capacity
- Pain and suffering
- Lost wages
At Mokaram Law Firm, there are top sexual assault lawyers who can help you in filing a case to reduce the financial and emotional burden.
Sexual abuse, whether it is sexual battery or sexual assault, it is a horrible experience. If you experience a life-threatening experience, you should hire a lawyer who can guide you to get justice. For more information, you can connect with our lawyers at (281) 609-9224