It’s no secret that the way we interact with one another has changed over the years. One area that has seen significant change regards what some may consider playful or flirtatious touching. In many instances, those who touch others in a sexual manner, regardless of intent, can be charged with a crime for doing so. Known as sexual battery, a playful pat on someone’s behind can result in a felony offense. As such, if you are facing sexual battery charges, it is imperative to connect with an experienced Oklahoma City sex crimes lawyer as soon as possible to discuss your circumstances and fight for your freedom.
What Is Sexual Battery?
When thinking about molestation, which is the unwanted sexual touch or abuse of another person, unfortunately, children often come to mind. However, adults can be subject to molestation as well. This is known as sexual battery.
Sexual battery is a form of sexual assault that occurs when one party, without consent, intentionally touches, mauls, or feels the body and private parts of someone over the age of 16 in a lewd and lascivious manner. If the party is under the age of 16, which is the legal age of consent in Oklahoma, it is charged as Lewd Acts to a child under 16.
As a general rule, any sexual act excluding rape or forcible sodomy that occurs without the consent of one party can result in a sexual battery charge. It’s important to understand that for this charge to stick, it must be shown that the touch was intentional and sexual. Smacking someone’s behind in a bar, for example, would constitute sexual battery, whereas brushing up against someone while trying to catch a bus would not be.
What Penalties Can I Face?
If you are charged with sexual battery, it’s important to understand that the penalties you can face for these charges can be intense. First and foremost, this is a felony offense. As such, if you are convicted, you can expect to face a maximum of ten years in prison. Additionally, this is categorized as a Level 3 sexual offense, which is the most severe. If convicted, you will be required to register as a sexual offender and will remain on the list for the rest of your life. In addition, you will need to verify your address with law enforcement every three months.
Are There Any Defenses I Can Utilize?
Though it may not seem possible, there are options to defend yourself if you are charged with sexual battery in Oklahoma. However, you should not try to navigate this on your own as you may make errors that invalidate the outcome of your defense. Instead, working with an experienced attorney is imperative.
Generally, the prosecution must prove that there was intentional, physical contact and that the touching was lewd and nonconsensual. If you can prove one or more of these elements are untrue, you may be able to avoid a conviction.
As mentioned, working with an attorney is paramount to avoiding charges. At the Jones Firm, PLLC, we understand the impact a charge like sexual battery can have on your life. That is why our firm is dedicated to helping you fight for the best possible outcome. Connect with us today to learn how we can assist you in these complicated matters.