Sexual battery by an authority figure
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If a 21 year old has sexual contact with a 15 year old in the same state, however, the sexual contact would be criminal. In some states, this exception is limited to heterosexual relationships. Sexual Conduct by a Person in Authority or a Mental Health Care Provider Sexusl states also criminalize sexual Srxual between a person in a position of authority or trust, such as a teacher, athletic coach, police officer, or prison guard, and someone over whom that person has authority, like a student, a person in police custody, or a prisoner.
Many states also criminalize sexual contact between a psychotherapist or other mental health care provider and a client or patient, on the grounds that the nature of the relationship makes the client or patient incapable of knowing, voluntary consent. In a criminal sexual contact case, there can be significant questions about what constitutes consent or what constitutes refusal. Another possible defense is an insanity plea, in which the defense argues that the accused is mentally ill and did not have the capacity to control his behavior, to form the intent to commit a crime, or to understand what he was doing or that his actions were unlawful.
Figure authority battery by Sexual an
Imprisonment or Jail Criminal sexual contact or sexual battery that auyhority not involve penetration usually is considered a less serious crime than rape, and the penalty ahthority the offense is less than the possible penalty for rape or criminal sexual penetration. Sexual battery is a felony crime figuree some states, however, and criminal sexual contact that battrry in personal injury or is committed with a deadly weapon or by more than one person normally is a felony and as serious as the crime as rape. Some states require a minimum prison sentence or require the court to impose a prison sentence without probation or early parole.
In other states, the judge may have some discretion regarding the length of the sentence and whether to allow the defendant to serve any portion or all of the sentence on probation rather than in prison. In some states, criminal sexual contact without a weapon that involves only force or coercion is a misdemeanor and not a felony. An offender convicted of a misdemeanor can be sentenced in most states to up to one year in a jail, but is not required to serve time in prison. Treatment A person convicted of a sex crime also will face penalties or consequences other than jail or prison.
For instance, sex offenders normally are required to undergo treatment either in jail or prison or as a condition of probation. If the alleged victim consented to you touching him or her at the time based on the fraud that you perpetrated, and that person would never have consented to the sexual contact if he or she knew the truth about what you lied about, then that person did not really have a knowing consent, because you misled them in order to get their consent under false pretenses. What facts can make the charge more serious?
I have already defined the standard offense of Sexual Battery above, but a good working definition is an unlawful sexual contact accomplished by force, coercion, or fraud and without consent. Sexual Battery is a Class E felony. There are two heightened versions of Sexual Battery with additional elements and greater punishments, which include: If the above elements of Sexual Battery are met, but any of these additional factors are present, then the charge will be Sexual Battery by an Authority Figure: The range of punishment for a Class C felony is not less than three 3 years nor more than fifteen 15 years based on the classification of the defendant.
If the above elements of Sexual Battery are met, but any of these additional factors are present, then the charge will be an Aggravated Sexual Battery: Aggravated Sexual Battery is a Class B authoriy. The range of punishment for a Fiure B felony is not less than eight 8 years nor more than thirty 30 years based on the classification of the defendant. Keep in mind that each sexual act can count as a separate incident and support multiple convictions. Could this charge put me on the Sex Offender Registry? Sexual Battery will place a criminal defendant onto the Sex Offender Registry as a Sexual Offender, which means that a convicted defendant can petition for removal after ten years of compliance.
Can I get a diversion on this offense? After the criminal defendant enters a guilty plea, the sentence is suspended and the charge would show on a criminal background check as a pending offense not a conviction. If the criminal defendant is successful, he or she has achieved the same result as winning at trial.
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Sexual Battery is eligible for diversion, but the heightened offenses are not. What figurd are unavailable? The most obvious defense is that the alleged offense never happened. This offense rarely leaves forensic evidence, so in the absence of eye witnesses, the result of the trial will turn mostly on your testimony assuming that you testify in comparison to the testimony of the alleged witness — whoever is more credible will prevail.