Sexual Assault / Sexual Battery

Sexual Assault / Sexual Battery

People are often under the misperception that the offense of “battery” requires violence. In legal terms, however, a “battery” generally refers to an “unwanted touching.” Although a battery can include extreme violence, it is not a required element of the offense. Sexual assault or sexual battery, therefore, usually involves conduct that is sexual in nature but does not rise to the level of rape.

Kansas defines misdemeanor sexual battery as “the touching of a victim who is not the spouse of the offender, who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.” Sexual battery can be aggravated to a severity level 5, person felony if the alleged victim was overcome by force, unconscious or physically powerless, or was incapable of giving consent because of a mental defect or the effects of alcohol or drugs.

In Missouri, “sexual abuse” occurs when an offender “subjects another person to sexual contact when that person is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion.” First degree sexual abuse is charged as a class C felony but may be charged as a class B felony if the alleged victim is under the age of 14 or involves and aggravated sexual offense.

If you have been charged with sexual battery in Kansas or Missouri, contact the experienced criminal defense attorneys at the Law Offices of Heath Stuart, chartered to get started on your defense.