Sexual Battery

Many people often confuse the offenses of rape and sexual battery. The biggest different comes down to "sexual contact."

Vaginal intercourse is not required for a sexual battery charge but the consequences are still significant as a sexual battery conviction still requires registration on the Sex Offender Registry.

An Overview Of Sexual Battery In North Carolina

In North Carolina, sexual battery is a Class A1 misdemeanor. A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification or sexual abuse engages in sexual contact with another person:

  1. By force and against the will of the other person; or
  2. Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated or physically helpless.

Proving Your Case

The difficult element for the state to often prove is that the touching is sexual contact and that it is for the purpose of sexual arousal, gratification or sexual abuse.

Often prosecutors will use sexual battery as a lesser plea for someone charged with another more serious felony because they know that this offense will carry the potentially highest amount of incarceration for a misdemeanor sentence as well as a very lengthy registration period on the Sex Offender Registry.

Contact Our Legal Team: 828-564-1321

If you have been charged with sexual battery contact our lawyers at Nielsen Legal. We are experienced criminal defense trial attorneys offering rigorous defense for individuals throughout Asheville facing sexual battery, rape and related charges.

Call or email to set up a free consultation.

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