Sexual battery occurs when a person touches his or her intimate partner against that person’s will for sexual arousal, sexual gratification or sexual abuse. Touching refers to any physical contact, carried out directly, through the clothing of the defendant, or through the clothing of the victim. Sexual battery will be charged even if the partners are involved in an ongoing, intimate relationship. The crime is a California domestic violence offense that pertains to all intimate partners. For purposes of these laws, the term intimate partner covers girlfriends, boyfriends, spouses, divorcees, cohabitants or people with children in common. The crime is a wobbler, meaning that it will be charged as a misdemeanor or a felony depending on the circumstances. The penalties range from up to one-year in jail to four years in prison and fines upwards of $10,000.

While these penalties are harsh and a sexual battery arrest is a terrible experience, there are several defenses to the offense. Disputes between intimate partners are highly charged, emotional incidents that have more than one interpretation. A skilled criminal defense lawyer will ensure that the defendant’s version of events is effectively communicated to the jury.

A good defense attorney zealously advocates for his or her clients, employing as many defenses as possible to secure an acquittal. The lawyer will thoroughly review the facts, carefully prepare witnesses and develop strategies for cross-examining the prosecution’s witnesses. The experienced attorneys at the Kavinoky Law Firm have litigated many intimate partner abuse cases. They know what defenses are available and understand how to use the defenses effectively depending on the circumstances surrounding the charges.

A sexual battery charge requires no physical proof of an injury and is commonly based on “He said, she said,” allegations. Therefore, consent, physical evidence and eyewitness testimony are very important to the prosecution’s case. A skilled defense lawyer will work to discredit the evidence or at least make it more favorable to the defense.

Sometimes the police fail to follow proper procedure when making an arrest on a sexual battery charge. If the authorities illegally obtained evidence, inappropriately (intentionally or unintentionally) tainted evidence or in any other way violated the suspect’s rights, a knowledgeable defense attorney will move to have the case dismissed.

Because sexual battery requires minimal force or touch, a victim can make the allegation with little or no physical proof. If the victim does not sustain a visible injury and there is no documented proof of the abuse or any credible eyewitnesses, the defense may argue that there is insufficient evidence to prosecute the defendant. Similarly, on some occasions, mitigating circumstances existed at the time of the alleged incident that may either reduce or negate the charge. These nuances illustrate even further how important is it to have professional legal representation when facing any domestic violence charge, especially sexual battery.

Domestic violence statistics have shown that many partners who are involved in abusive relationships are both victims and both abusers. So the accused may also be the victim of his or her intimate partner’s abuse and therefore should not bear sole legal responsibility for the alleged incident. In addition, these couples often have power struggles that lead to the alleged victim filing false allegations. A skilled defense attorney knows how to effectively cross-examine a victim to prove that the allegations were made up out of anger, jealousy or a motive to seek revenge.

A domestic violence charge such as sexual battery can have life-changing consequences as the defendant’s reputation, livelihood and freedom are all at risk. In an aggressive effort to acquit their clients, the experienced defense attorneys from the Kavinoky Law Firm use all defenses available. They will effectively communicate their client’s story to the judge and jury. Contact the Kavinoky Firm today and speak to a knowledgeable attorney about your legal options.