5.509 — SEXUAL BATTERY

Violations of "Statute 5.509" results in a Class C Felony

(a) Definitions

Sexual battery refers to the intentional and unlawful sexual contact or penetration of another person’s body without their consent. It includes any act where the defendant forces, coerces, or manipulates the victim into engaging in sexual conduct or touching their body in a sexual manner. The victim does not have to be physically injured for the act to qualify as sexual battery, as long as there was a lack of consent.

(b) Elements

To establish the offense of sexual battery, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant intentionally touched or penetrated the body of another person.
The touching or penetration was of a sexual nature.
The victim did not consent to the touching or penetration.
The defendant knew or should have known that the victim did not consent to the sexual contact or penetration.

(c) Defenses

Defenses against a charge of sexual battery may include:

The defendant claims that the sexual act was consensual and that both parties agreed to engage in the conduct.
The defendant may argue that the victim was lying or made false accusations, and there was no non-consensual act.
The defendant was under the influence of substances and did not have the mental capacity to knowingly engage in the act (although this is often a difficult defense to argue).
The defendant was mistaken about the victim’s consent due to their actions or statements that misled the defendant.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant used force, threats, or intimidation to coerce the victim into sexual contact or penetration.
The victim was in a vulnerable state, such as being unconscious, intoxicated, or incapacitated, and unable to give consent.
The defendant has a history of sexual offenses or prior convictions for similar crimes.
The victim was a minor or under the age of consent at the time of the offense.
The defendant engaged in repeated acts of sexual battery against the same victim or others.

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(a) Definitions

(b) Elements

To establish the offense of sexual battery, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant intentionally touched or penetrated the body of another person.

The touching or penetration was of a sexual nature.

The victim did not consent to the touching or penetration.

The defendant knew or should have known that the victim did not consent to the sexual contact or penetration.

Defenses against a charge of sexual battery may include:

The defendant claims that the sexual act was consensual and that both parties agreed to engage in the conduct.

The defendant may argue that the victim was lying or made false accusations, and there was no non-consensual act.

The defendant was under the influence of substances and did not have the mental capacity to knowingly engage in the act (although this is often a difficult defense to argue).

The defendant was mistaken about the victim’s consent due to their actions or statements that misled the defendant.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant used force, threats, or intimidation to coerce the victim into sexual contact or penetration.

The victim was in a vulnerable state, such as being unconscious, intoxicated, or incapacitated, and unable to give consent.

The defendant has a history of sexual offenses or prior convictions for similar crimes.

The victim was a minor or under the age of consent at the time of the offense.

The defendant engaged in repeated acts of sexual battery against the same victim or others.