There is a good chance that if you watch the nightly news or check out the daily headlines that you’ve heard the term “sexual battery.” In fact, over the past year there have been a number of high profile cases related to sexual battery. From the ongoing Bill Cosby investigation to the recent Charlie Sheen scandal, there seems to be no shortage of sexual battery accusations. But, for many people, sexual battery equals rape, which is not always the case. This, of course, leaves us with the question – what exactly is sexual battery?
Basically, a person can be charge or accused of sexual battery if they touch someone who did not offer prior consent. This kind of touching can mean just about anything outside of penetration – from a pat on the butt to excessively rubbing another person’s arm. If the touching was forced or unwanted, it could be considered a criminal act. But, once a person has been penetrated – in one form or another – the crime crosses over into sexual assault or rape.
This is an important distinction when it comes to convictions and sentencing.
A prime example of this kind of unwanted touching involves the most recent case between former San Diego Mayor Bob Filner. While still mayor, Filner was accused of improperly touching a wounded Marine veteran. The reported incident, recently settled by the City of San Diego for $99,000, said that Filner had improperly rubbed the disabled vets arm, which caused her great discomfort. Filner’s legal team argued that any touching that may have happened wasn’t done by force or in a sexual nature. Whether this is true or not, the act in itself was enough to land the mayor in trouble.
Unfortunately, accusations like these can get out of hand and land potentially innocent individuals in jail. If you’ve been accused or charged with sexual battery in Orange County, you need to speak with a dedicated criminal defense attorney as soon as possible. Not only can such charges threaten your freedom and livelihood, your reputation could be tarnished forever.
For more information or to schedule a free consultation, call the Law Office of Michael L. Guisti at (714) 530-9690.
