Sexual Battery Cases in Fairfax

Sexual battery is defined as sexual abuse against the complaining witness. There are a lot of different ways that sexual battery can take place, but primarily it involves intentional touching of the complaining witness’ intimate parts or the material touching those parts without that person’s consent.

Conversely, it could occur by forcing the complaining witness to touch the accused or other persons’ intimate parts. Any touching of a witness who is under the age of 13 is included because the teen lacks the ability to consent. This includes any grabbing, groping, and things of that nature, whether clothed or otherwise. Slapping someone on the buttocks can be considered sexual battery if it is done in a manner that constitutes sexual battery. If you are charged with sexual battery it is important you consult with a Fairfax sex crimes lawyer as soon as possible as this is a very serious charge.

Sexual Battery in Fairfax

Although sexual battery is not generally considered a violent offense in most cases, it is still treated as a serious charge. Sexual battery is a class 1 misdemeanor and a person who’s convicted of a battery can be sentenced to up to one year in jail and up to a $2500 fine.

For this reason, it is important to contact an experienced criminal defense attorney knows how to digest the evidence that the government is intending to present at trial and who will be able to correctly cross-examine witnesses and police officers about their statements in an effort to try to draw out if the accused person did not have the right intent to be convicted of sexual battery.

Aggravating Factors For Sexual Battery

When it comes to sexual battery charges, there are certainly aggravating factors. For example, if a person is infected with HIV, Syphilis, or Hepatitis and has sex with a person, that can be considered infected sexual battery. This can be classified as a class 6 felony. Additionally, there is aggravated sexual battery. This occurs when the complaining witness was less than 13, was mentally incapacitated, or was physically helpless. If sexual battery is committed by a parent, grandparent or any family member and the victim is between the ages of 13-18 it is considered aggravated sexual battery.

In addition, if the act takes place against the will of the complaining witness, if the complaining witness is 15, or if there is a threat of a dangerous weapon, then it also qualifies as aggravated sexual battery. Aggravated sexual battery is a felony, not a misdemeanor, and can be punished by 1-20 years in prison.

How Can An Attorney Help With These Types of Cases?

Criminal defense attorneys in these kinds of cases need to understand all the elements of the crime that is being charged and whether these can be challenged. For example, in an aggravated sexual battery case, one of the elements that make it aggravated might not hold as much water as the elements that would make it a simple sexual battery. In all of these cases, an experienced defense lawyer is needed to go through all of the elements to determine whether the government has enough evidence to convict the person.