If you’ve been following the news at all then you’ve likely seen the results of the movement known as #metoo in which women are coming forward with stories of sexual crimes. One of the crimes that’s being brought up is sexual battery. We’ve found that many people aren’t familiar with the difference between sexual battery and other sexual crimes.
The basic definition of sexual battery
As is true of any legal term, there are areas of gray when using the term sexual battery. However, it essentially refers to a person touching someone who didn’t consent to be touched. It can be just about anything that isn’t actual penetration. Examples including patting someone on the butt or rubbing a person’s arm. If the touching wasn’t consensual, whether it was forced or simply unwanted, it can be considered criminal. On the other hand, if a person is actually penetrated during this act, then it crosses the line and is considered either rape or sexual assault.
An example of sexual battery
One example of sexual battery that many in California are familiar with is the case of the former mayor of San Diego, Bob Filner. When he was mayor, a wounded Marine vet accused him of touching him improperly. The city ended up settling the case for just shy of $100,000. This case was controversial because many people didn’t believe that her accusation, even if true, was significant. In short, she said that the mayor rubbed her arm without her permission and it caused her discomfort.
The legal team appointed to the mayor argued that because the touching wasn’t done by force, and because it wasn’t sexual in nature, it shouldn’t have qualified as sexual battery. In the end, whether or not it would have been found sexual battery by a judge or jury isn’t known because the mayor did settle. All we know is that it was enough to land the mayor in significant trouble.
Accusations can easily get out of hand
While some commentators feel it’s great that those joining the #metoo movement are finally feeling comfortable coming forward, others worry that it sets a terrible precedent. They point out how many men have been accused and already suffered consequences, despite the fact that no one has been convicted of criminal charges. They wonder if this is the world we want to live in, where simply being accused of a crime is as bad as having been convicted.
We believe you’re innocent until proven guilty
If you’ve been accused of a sex crime then you need to reach out to a criminal defense attorney. There are many reasons people hesitant to do so, including the idea that everyone believes they’re guilty. It can be overwhelming to call an attorney and tell them your story.
We know that. We also know that you have a tough road ahead of you. The good news is that you also have access to an attorney who will take your case seriously. We believe in your innocence and will treat you with the respect you deserve. Call us today at 714-760-4088 to get the process started.
